ORDINANCE No 13 OF 30 OF DECEMBER 2003 ON THE PROTECTION OF THE EMPLOYEES AGAINST RISKS RELATED TO THE EXPOSURE TO CHEMICAL AGENTS AT WORK

ORDINANCE No 13 OF 30 OF DECEMBER 2003 ON THE PROTECTION OF THE EMPLOYEES AGAINST RISKS RELATED TO THE EXPOSURE TO CHEMICAL AGENTS AT WORK

ISSUED BY THE MINISTRY OF LABOUR AND SOCIAL POLICY AND THE MINISTRY OF HEALTH, In force from the 31 of January 2005

Prom. SG. 8/30 Jan 2004, amend. SG. 71/1 Sep 2006, amend. SG. 67/17 Aug 2007

Art. 1. (1) By this Ordinance shall be stipulated:

1. the obligations of the employers to provide the health and safety of the persons working with chemical agents;

2. the minimal requirements for protection of the employees against existing or potential risks for the health and safety of the employers at exposure to biological agents at work;

3. the limitative values of the chemical agents in the air at the work place, enlisted in the Appendix No. 1;

4. the biological limitative values of the chemical agents and/or of their metabolits in biological environment as well as of the biomarkers for effect as per Appendix No.2

(2) The values of the chemical agents in the air of the working place and the values of the chemical agents and their metabolits in biological environment shall not exceed the limitative values as per Appendixes No. 1 and 2.

(3) The values of the biomarkers for effect shall meet the values enlisted in the Appendix No. 2.

 

 

Art. 2. (1) The Ordinance shall be applied at the all of enterprises and places where a working activity per Art. 2 of the Law on the Health and Safe Labour Conditions is being performed, as well as whereas the employees are or may be exposed to dangerous chemical agents at work.

(2) For the purposes of protection of the employers against risks related to exposure to cancerogenes and mutagens, this Ordinance shall be applied whereas provides higher requirements than the requirements stipulated in the Ordinance on the Protection of the Employees against risks related to exposure to cancerogenes and mutagens at work (SG 94/2003).

(3) Whereas chemical agents are transported, this Ordinance shall be applied, if provides requirements higher than the stipulated in the special provisions on the transportation of dangerous chemical agents.

 

 

Art. 3. (1) The employer shall take measures for finding the existence of dangerous chemical agents at the place of work.

(2) In case of existence of dangerous chemical agents a risk evaluation for the health and safety of the employers shall be performed in accordance with the Ordinance No.5 of 1999 on the order, proceedings and periodicity of the risk evaluation performance (SG 47/1999) and the following shall be considered:

1. the dangerous characteristics of the chemical agents;

2. data from the information list of the safety of the chemical agent provided by the producer or the importer of chemical agents;

3. the degree, the type and duration of the exposure;

4. the conditions of work with dangerous chemical agents, as well as their quantity;

5. the limitative values enlisted in the Appendixes No. 1 and 2;

6. the effect of the protective measures which have been taken or shall be taken;

7. the conclusions of the medical monitoring in the cases whereas available data exists.

(3) The employer shall evaluate the adequacy of the taken measures to the requirements of Art. 8, 9, 10 and 11.

(4) At a request of the employer, the producers and importers of chemical agents shall provide:

1. information regarding the dangerous chemical agents, necessary for the preparing of the risk evaluation for the employers;

2. additional data for the specific risk evaluation for the consumers.

 

 

Art. 4. (1) The employer shall keep documentation regarding the risk accordingly to the requirements of the Art. 20 of Ordinance No. 5 of 1999 on the order, proceedings and periodicity of the risk evaluation performance (SG 47/1999). The evaluation may contain a considered opinion that the nature and volume of the risks related to chemical agents do not require more detailed evaluation.

(2) The risk evaluation for the health and safety shall be revises following the order of the of 1999 on the order, proceedings and periodicity of the risk evaluation performance, as well as on the grounds of the results of the medical monitoring.

 

 

Art. 5. The repairs works, unplanned but able to foreseen events, the possibilities of industrial accidents and activities which can lead to other negative effects on the health and safety regardless the taken precautions shall be considered at the risk evaluation.

 

 

Art. 6. (1) At activities which include exposure several dangerous chemical agents, their combined impact shall be considered.

(2) At the simultaneous defining of several dangerous chemical agents of one-direction impact in the air at the place of work, the sum of the proportion of the actual concentrations of each of them (c1, c2 ..... cn) in the air at the place of work to the relevant limitative value of the chemical agent (limitative value 1, limitative value 2 … limitative value n) shall not exceed:

 

 

C1

 

C2

 

 

 

Cn

 

------

+

------

+

............................................

+

------

I 1.

limitative

 

limitative

 

 

 

limitative

 

value 1

 

value 2

 

 

 

value n

 

 

 

 

 

 

 

 

 

(3) At the simultaneous defining of several dangerous chemical agents of different direction of impact, the values shall stay as at their isolated impact.

 

 

Art. 7. Work which includes contact with dangerous chemical agents shall start after the risk evaluation for the health and safety of the employees is performed and all necessary precautions are taken.

 

 

Art. 8. The employer shall prevent or reduce to the minimal degree the risk for the health and safety of the employees at work with dangerous chemical agents by:

1. planning and arranging of appropriate work processes and places of work;

2. providing and implementation of adequate equipment, protective means and their maintenance, which secure the health and safety at work;

3. limitation of the number of employees who are or can be exposed;

4. reduction to the minimum of the duration and the degree of the exposure;

5. undertaking of hygienic precautions for prevention or reduction of the possibility of exposure to dangerous chemical agents;

6. limitation of the quantity of the chemical agents to the necessary for the performance of the specified type of work minimum;

7. implementation of proceedings of safety work, keeping and transportation of dangerous chemical agents, as well as the waste which contain such agents.

 

 

Art. 9. (1) In cases whereas the results of the risk evaluation indicate risk for the health and safety of the employees, the employer shall apply the specific protective measures as per Art. 10, 11 and 12 and shall provide medical monitoring.

(2) In cases whereas the results of the risk evaluation indicate that due to the quantity of the existing dangerous chemical agents at the place of work the existing risk for the health and safety of the employees is not significant and the taken precautions per Art. 8 are sufficient to reduce the risk, the employer may avoid application of the measures per Art. 10, 11 and 12.

 

 

Art. 10. (1) The employer shall be obligated to prevent or reduce to the possible minimum the risk for the health and safety of the employees working with dangerous chemical agents or processes by substitution of them by chemical agents and processed which are dangerous in a less degree whereas nature of the work allows such substitution.

(2) Whereas the nature of work does not allow replacing of the risk by substitution, the employer shall apply preventive and protective measures:

1. providing of appropriate work processes and controlling equipment, as well as of the usage of appropriate equipment and materials in order to avoid or reduce to minimum dangerous chemical agents release;

2. application of collective measures of protection at the source of the risk as an effective ventilation and appropriate organizational measures;

3. application of personal protective measures, including personal protective means whereas is not possible to prevent exposure to dangerous chemical agents by a different way;

(3) The measures per Para 1 and Para 2 shall be supplemented by medical monitoring and shall be adequate to the nature of the risk.

(4) The employer shall conduct periodical measuring of the chemical agents which can cause risk for the health of the employees at the place of work and shall compare them to the limitative values per the Appendix No. 1, if:

1. is not able to estimate in another way the efficiency of the undertaken preventive and protective measures per Para 2;

2. a change of the conditions which can cause changes of the exposure occurs;

(5) Тhe employer shall take under consideration the results of the measuring per Para 4 at the performance of his obligations regarding the risk evaluation for the health and safety of the employees.

(6) In case of excess of the limitative values of the chemical agents at the place of work, the employer shall undertake protective measures immediately and taking under consideration the degree and the nature of the excess.

 

 

Art. 11. (1) The employer shall undertake appropriate technical and/or organizational measures (separation of incompatible chemical agents, appropriate keeping, etc.) in order to provide protection of the employees against dangers related to the physical and chemical characteristics of the chemical agents, including:

1. to prevent occurring of dangerous concentrations of inflammable substations or dangerous quantities of chemically unstable substances at the place of work;

2. to prevent occurring of sources of flame which can lead to fire or explosions, or not to admit establishing of inauspicious conditions under which chemically unstable substances or their mixtures can cause harmful physical effects, if the nature of the work does not allow performance of item 1;

3. to reduce the harmful impacts to the health and the safety of the employees in cases of fire or explosions provoked by chemically unstable substances and their mixtures.

(2) The working equipment and protection systems which the employer shall provide, shall meet the requirements contained in the applicable for the relevant to the respective equipment stipulations, related to the estimation of adequacy. The technical and/or the organizational measures taken by the employer shall be adequate to the requirements of the Ordinance on the substantial requirements and estimation of the adequacy of protection equipment and systems designed for exploitation in potentially explosive atmosphere (SG 81/2001).

(3) In cases of occurring of risk of establishing of potentially explosive atmosphere, the employer shall perform control over the working equipment and shall provide protection systems.

 

 

Art. 12. (1) The employer shall draw up a plan of action for prevention and overcoming emergencies, accidents and calamities related to dangerous chemical agents at the place of work.

(2) The plan of action shall include not less than once per year trainings of emergency safety and providing of means and conditions for giving of firs-aid.

(3) In cases of emergencies, accidents and calamities with dangerous chemical agents, the employer shall:

1. notify the employees immediately;

2. apply appropriate measures for liquidation of the consequences;

3. to admit in the impacted area only the employees who are involved in the performance of recreation and other urgent activities.

(4) The employer shall provide the employers per item 3 personal protection means as specified per the emergency plan, which means shall be used during the emergency situation.

(5) Attendance of unprotected persons in the impacted area shall not be allowed.

(6) The employer shall provide warning and other systems of communication necessary for the signalization of increasing risk for the health and safety, in order to start actions of liquidation of the consequences, giving of first-aid, evacuation and urgent rescue operations if necessity of such exists.

(7) The employer shall provide information the officials at the enterprise or external bodies and organizations (emergency services, the medical emergency, etc.), which information shall contain:

1. the dangers at work found; range of the dangers per priorities, the proceedings and precautions foreseen on the ground of which information the external bodies and organizations shall develop adequate measures and proceedings;

2. the expected specific risks during emergencies, accidents and calamities with dangerous chemical agents, including the procedures of their prevention and overcoming.

 

 

Art. 13. The employer shall provide the employers and/or their representatives:

1. Information of the risk evaluation, as well as additional information of occurring of significant changes at the place of work which changes lead to change of the risk evaluation;

2. data regarding the dangerous chemical agents at work, the risk for the health and safety, the relevant limitative values and other legal requirements;

3. training and information regarding the relevant protective measures and the actions which shall be taken for self-protection, as well as for the protection of the rest of the employees;

4. access to the information lists of safe usage of the used chemical agents;

5. reliability and actualization of the information which may be provided in a various forms depending on the nature and degree of the risk: from oral notification to individual training supported by attached written information.

 

 

Art. 14. The employer shall provide marking of the containers and pipes, indication of the type of the dangerous chemical agents contained in, as well as the respective dangers.

 

 

Art. 15. (1) The employer shall not admit production and usage of chemical agents enlisted in the Appendix No.3, as well as activities related to these agents.

(2) Admissible exceptions of Para 1:

1. for the purposes of scientific research, tests and analyses;

2. for activities of replacing chemical agents received as a secondary or waste products;

3. for production of chemical agents per Para 1 which are or are used as transitional products.

(3) In the cases of Para 2 the exposure of the employees to chemical agents shall be prevented by providing of closed system of production and the earliest possible usage as in-between chemical agents. The extraction away form the system of the chemical agents shall be executed only for the purposes of control over the process and for the maintaining of the system.

(4) In the cases of Para 2 the employer shall approve a project which project shall contain:

1. the grounds of the necessity to use the respective chemical agents;

2. the period of usage;

3. annual quantity of usage of the chemical agents;

4. proceedings of delivery and keeping;

5. the activities and/or the technological processes and reactions ate which the chemical agent is used;

6. the number of the employees;

7. the measures for providing safety and health.

(5) In the cases of Para 2 the employers shall notify the Directorate of the "District Inspection of Labour" within 30 days before the respective activity starts and to provide at request of the controlling bodies the approved project per Para 4.

 

 

Art. 16. (1) Whereas the results of the risk evaluation indicate risk for the health of the employees, the employer shall provide medical monitoring as per Ordinance No. 3 on the obligatory preliminary and periodical medical examination of the employees (SG 16/1987)

(2) The results of the medical monitoring of the levels of exposure shall be entered in the health-status files of the employees as stipulated in the Art. 28 of the Ordinance No. 14 on the Labour Medicine Services (SG 95/1998).

(3) At the health monitoring the following shall be considered:

1. the possibility of causing of a definite disease or harming of the health by the exposure to a dangerous chemical agent;

2. the possibility of occurring of the disease or harming of the health of the employee due to the specific labour conditions he works in.

(4) For the revealing of the disease or harming of health as a result of the impact of chemical agents, recognized by the medical science and practice low-risk methods of research shall and be applied.

(5) The results of the medical monitoring shall be taken under consideration in the planning and application of the protection measures at the concrete place of work.

 

 

Art. 17. (1) On the cases whereas exposure to chemical agents occurs for which agents limitative values are defined per the Appendix No. 2, the employer shall obligatory provide conduction of researches following the order stipulated in the Ordinance No. 3 on the obligatory periodical examinations of the employees for defining of bio-markers of exposure and/or bio-markers of effect.

(2) The employer shall inform the employees of the necessity of conduction of the examinations per Para 1 before starting work related to a risk of exposure to the specified dangerous chemical agent.

 

 

Art. 18. (1) The health-status files shall contain the results of the conducted medical monitoring and all the data of the exposure of the employee.

(2) Copies of the respective files shall be provided at request to the National Security Institute.

(3) To the each of the employees access to his health-status file shall be provided.

(4) At the closing of the enterprise the health – status file shall be handed to the employee.

 

 

Art. 19. In the cases whereas as a result of the exposure of a concrete employee a disease or harming of the health or the biological limitative value is surpassed, the physician from the Labour Medicine Service shall:

1. notify the employee of the found disease or harming of health;

2. give information and advices regarding the medical monitoring which shall be conducted after the end of the exposure.

 

 

Art. 20. (1) In the cases of Art. 19 the employer shall:

1. revise the risk evaluation;

2. revise and if necessary undertake additional measures in accordance with the requirements of the Art. 8, 9, 10 and 11 for the prevention and reduction of the risk;

3. conduct consultations with labour medicine experts, other persons of appropriate qualification and the controlling bodies on order to plan and apply measures, which measures are necessary for the prevention and reduction of the risk as per the Art. 8, 9, 10 and 11, including the possibility of moving of the employee to another place of work where a risk of further exposure does not exist.

4. arrange a current medical monitoring and provides examination of the health –status of each of the other employees at similar positions

(2) In the cases of Para 4 the physician from the Labour Medicine Service shall propose to the employer to organize a specialized medical research.

 

Additional provisions

§ 1. In the meaning of this Ordinance:

1. "Chemical agent" shall be each chemical substance or compound, solely or in a mixture, which occurs in its natural existence or is produced, used or released, including as a waste form production activity, not depending on if it is or it is not produced and released on the market.

2. "Dangerous chemical agent" shall be:

a) each chemical agent which meets the criteria of classification as a dangerous substance as per the Ordinance on the order and proceedings for classification, packing and labeling of existing and new chemical substances, detergents and products (SG 5/2003), not depending on if the substance is classified as dangerous per this Ordinance, excluding the substances classified as dangerous for the environment.

b) each chemical agent which meets the criteria of classification as a dangerous substance as per the Ordinance on the order and proceedings for classification, packing and labeling of existing and new chemical substances, detergents and products (SG 5/2003), not depending on if the detergent is classified as dangerous per this Ordinance, excluding the detergents classified as dangerous for the environment.

c) each chemical agent which, which does not meet the criteria to be classified as dangerous per items 1 and 2 but due to its physical and chemical, chemical or toxic characteristics and due the way it is used or appears at the place of work can create risk for the health and safety of the employees, including each chemical agent for which a limitative value per Appendix 1 has been defined.

3. "Activity involving chemical agents" shall be every type of activity at which are used or can be used chemical agents in each of the processes, including production, usage, transportation, keeping, deposing or defusing, or are a result of such activity.

4. "Limitative value of a certain chemical agent in the air of the place of work" shall be the admissible concentration of the chemical agent in the air of the respiratory zone of the employee for a definite period of time.

5. "Biological limitative value" shall be the admissible concentration of the respective chemical agent or a metabolit of it in the biological environment or the referring value of the bio-marker of effect.

6. "Medical monitoring" shall be the examination of the employee for the purposes of estimation of his health-status in connection to the exposure to specific chemical agents at work.

7. "Danger" shall be the immanent characteristic of the chemical agent which is a possible source of damage.

8. "Risk" shall be the opportunity of occurring of possible damage in concrete conditions of usage and/or exposure.

9. "Biomarker of exposure" shall be the chemical agent or its metabolit / metabolits, found in biological environments (blood, urine, saliva, perspiration, hair, nails, etc.)

10. "Biolmarker of effect" shall be bio-chemical, physiological or other alternative indicator, deviation of which indicator frome the referent values is connected with the impact of a certain chemical agent at the place of work.

11. "CAS №" shall be the number of the chemical register of Chemical Abstracts Service.

12. "Inhallible fraction of the dust for non-fibrous dusts" shall be the mass part of all dispersed in the air fragments, which is inhaled through the nose and mouth.

13. "Respirable fraction of the dust for non-fibrous dusts" shall be the mass part of the inhaled fragments penetrating to the respiratory organs not covered with fringe epithelium.

14. "Respirable fraction for fibrous dusts" shall be the fraction of all inhaled fragments characterized by length more than 5 micrometers, diameter – less than 3 micrometers and a proportion length/diameter – more than 3.

15. "Exposure" shall be the placing on of the human organism under the impact of physical factors, chemical substances or biological agents

 

Transitional and concluding provisions

§ 1a. (new – 67/07) By the present Ordinance are being introduced the provisions of:

1. Commission Directive 91/322/EEC of 29 May 1991 on establishing indicative limit values by implementing Council Directive 80/1107/EEC on the protection of workers from the risks related to exposure to chemical, physical and biological agents at work;

2. Council Directive 98/24/EC of 7 April 1998 on the protection of workers from the risks related to chemical agents at work;

3. Commission Directive 2000/39/EC establishing a first list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work;

4. Commission Directive 2006/15/EC establishing a second list of indicative occupational exposure limit values in implementation of Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work and amending Directives 91/322/EEC and 2000/39/EC;

5. Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens or mutagens at work.

 

 

§ 2. Instructions on application of the ordinance shall be given by the Minister of Health and the Minister of Labour and Social Policy.

 

 

§ 3. The Ordinance No. 13/1992 on the Maximum Admissible Concentrations of Harming Substances in the Air at the Working Environment (promulg. SG 81/1992, amend. and suppl. SG 11/1994, amend. SG 57/1994) is repealed.

 

 

§ 4. Art. 12 of Ordinance No. 10/2003 on the Protection of Employees against Risks Related to Exposure to Cancerogens or Mutagens at Work (SG 94/2003) shall be amended as set below:

"Art. 12 The values of the cancerogens and mutagens in the air of the working place shall not exceed the limitative values enlisted in the Appendix 1 to Art. 1, Para 1, item 3of the Ordinance on the Protection of the Employees against Risks Related to Exposure to Chemical Agents at Work.

 

 

§ 5. This ordinance is adopted on the grounds of Art. 276, Para 1 of the Labour Code and shall enter in force 12 months after the promulgation in State Gazette.

 

Last edited: 03.07.2018