Executive Order on Measures to Protect Workers from the Risks related to Exposure to Carcinogenic Substances and Materials at Work*)

The Executive Order No. 908 of 27 September 2005 issued by the Danish Working Environment Authority - unofficial version.

THE COMPILATION OF EXECUTIVE ORDERS

comprises the following:
  • No. 908 of 27 September 2005, which entered into force on 15 October 2005, and
  • No. 720 of 22 June 2006, which entered into force on 15 July 2006, and
  • No. 1175 of 11 October 2007, which entered into force on 1 November 2007
  • No. 1091 of 28 November 2011, which entered into force on 1 January 2012

"The following provisions are laid down pursuant to § 15a (4), § 17 (3), § 22 (1), § 35 (1), § 39, § 40, § 41, § 49, § 49a, § 49c, § 57, § 63 (1) and (2) and § 84 of the Danish Working Environment Act and by order pursuant to § 73 of this Act, cf. Consolidated Act No. 268 of 18 March 2005:

Part 1 - Scope, etc.

1.-(1) This Executive Order shall apply to work with, including the manufacture, use and handling of:

  1. the substances and materials listed in Annex 1.
  2. materials containing 0.1% or more of these substances unless otherwise indicated for the individual substance in Annex 1.
  3. working processes listed in Annex 2.
  4. The mutagens and materials containing such mutagens listed in Annex 1.

(2) To the extent indicated in Annex 1 for the individual substances, this Executive Order shall further apply to:

  1. materials containing less than 0.1% of the substance in question.
  2. working processes by which such substances are emitted.

2.-(1) This Executive Order shall moreover apply to work covered by § 2 (2) of the Danish Working Environment Act as well as work not performed for an employer.

(2) However, the following provisions shall only apply to work performed for an employer: § 5 (2), § 6, § 9 (2), § 10, § 12 (6), § 14, § 16, § 18 (1), § 19 (1), § 20 (1), § 21 (1) and §§ 22-24. 

3.-(1) This Executive Order shall not apply to work covered by Executive Order No. 344 of 9 June 1988 on Work involving the Mounting and Removal of Insulating Material containing Synthetic Mineral Fibres.

(2) Moreover, this Executive Order shall not apply to work with food, beverages and tobacco ready for consumption and work with medicinal products prepared for administration.

Part 2 - General provisions

4.-(1) "This Executive Order lays down rules which supplement the Executive Order on Work with Substances and Materials (chemical agents), the Executive Order on Special Duties for Manufacturers, Suppliers and Importers, etc. of Substances and Materials pursuant to the Danish Working Environment Act and the Executive Order on the Performance of Work. (2) The substances and materials covered by this Executive Order are considered to be potentially hazardous or otherwise degrading to health and safety at work, and the Executive Order on Work with Substances and Materials (chemical agents) shall therefore be applicable in its entirety to these substances and material§

(3)The notification rules laid down in the Executive Order on Special Duties for Manufacturers, Suppliers and Importers, etc. of Substances and Materials pursuant to the Danish Working Environment Act shall apply to manufacturers, suppliers and importers, etc. of substances and materials.

5.-(1) A substance or material must not be used if, according to s§ 11-13 of the Executive Order on Work with Substances and Materials (chemical agents), it can be replaced by a non-hazardous or less hazardous substance or material.

(2) § 14 of the Executive Order on Work with Substances and Materials (chemical agents) on the involvement of the enterprise's Internal Safety Organisation shall apply correspondingly.

6.-(1) Instructions for use prepared for the employees according to § 21 of the Executive Order on Work with Substances and Materials (chemical agents) shall, in addition to the information prescribed therein, give information to the effect that work with the substance or material concerned may involve a risk of cancer. Instructions for the use of materials shall also contain the names of the substances. The names applied shall be those whereby the substances and materials are designated in Annex 1.

(2) The instructions for use prescribed by subs. (1) hereof shall give information on any measures to be taken according to § 13.

7. Working processes, working methods and tools applied shall exclude or restrict the generation of dust and vapours, the formation of fumes and aerosols, etc. as well as stains and sprays from the substances and materials as much as is reasonable taking the technical progress into account.

8.-(1) Extracted air containing the substances or materials must not be recirculated, cf. however subsection (2) hereof.

(2) The ban against recirculation shall not apply to extracted air stemming from working processes comprised by section 35(5) and (6) of the Executive Order on the Fitting Up of Fixed Workplaces.

9.-(1) Technical plants and ventilating systems used in connection with work involving the substances or materials shall be equipped with appropriately functioning monitoring devices detecting abnormal operating conditions and accidents and raising the alarm in such cases.

(2)In connection with monitoring, instructions indicating the measures to be taken in case of abnormal operating conditions and accidents shall be prepared in advance.

10.-(1) Employees shall be informed of any abnormal operating conditions and about all accidents that may entail an increased risk of exposure to the substances or materials or the effects of working processes.
 
(2) As long as an increased risk exists, persons may only be occupied within the area affected to the extent necessary to restore normal conditions. The increased risk of exposure to substances or materials or the effects of working processes must not be permanent for the individual employee and must be limited to the period strictly necessary.

11. Waste containing the substances or materials shall be collected, stored and disposed of in suitable, sealed containers, or, where this is not feasible, in another safe way. Containers, etc. shall be labelled as prescribed in Annex 3.

12.-(1) When work covered by this Executive Order is performed, workers shall wear appropriate personal protective equipment if the work cannot be performed in any other way to fully protect their health and safety.

(2) Personal protective equipment shall not be worn during meal break.

(3) Personal protective equipment shall be kept separate from other clothes.

(4) When personal protective equipment is due for destruction or cleaning, they shall be stored and disposed of in sealed packaging, labelled as prescribed by Annex 3.

(5) Cleaning of personal protective equipment shall be carried out separately with equipment suitable for the purpose.

(6) Use of personal protective equipment in connection with the type of work referred to shall otherwise be subject to the provisions of the Executive Order on the Use of Personal Protective Equipment.

13. At work premises or in areas where there is a risk of contamination by the substances and materials, eating, drinking and smoking shall not be allowed, nor shall tobacco, food and beverages be stored in such premises.

Assessment of safety and health conditions at enterprises

14.-(1) If there are dangerous substances and materials at the workplace, the workplace assessment under the Executive Order on the Performance of Work shall also include the following elements of assessment:

  1. the hazardous properties of the substances and materials,
  2. the degree, type and duration of exposure,
  3. the circumstances related to the work with dangerous substances and materials, including the quantity hereof,
  4. the effect of the protective measures taken or to be taken,
  5. where possible, the conclusions to be drawn from the occupational medicine examinations performed,
  6. the limit values laid down by the Danish Working Environment Authority, and
  7. the information by suppliers on safety and health.

(2) From the supplier or from other easily accessible sources, the employer shall obtain any additional information necessary for the workplace assessment.

(3) The assessment shall also include a list of the dangerous substances and materials used at the workplace with reference to the relevant instructions for use given by the suppliers. 

(4) Repair work, maintenance work, etc. carried out at an enterprise, which can be anticipated to entail a significant exposure to substances and materials or which can impair the safety and health for other reasons although technical measures have been taken, shall be included in the workplace assessment.

(5) If this work involves a risk of exposure to several dangerous substances or materials, an overall risk assessment shall be made.

(6)This assessment shall be taken into account when work involving the substances, materials and working processes referred to in sub§ (1) hereof is planned and organised and it shall be ensured that, if required, special measures are taken as  referred to in § 16 and §§ 18-23.

Part 3 - Special provisions


15.  The provisions contained in this Part shall only be applicable in so far as it is consequent to the indications in Annexes 1 and 2 for the individual substance, material or working process or an assessment made according to § 14.

16. To the extent that it is consequent to the assessment referred to in § 14, work involving the substances, materials and working processes shall take place in closed systems whenever technically possible.

17. -(1) To the extent prescribed by Annexes 1 and 2, working processes involving substances or materials shall only take place in closed systems or in other ways preventing the release of the substances and materials so as to exclude any exposure to the effects therefrom.

(2) If compliance with subs. (1) hereof is not technically possible, the substances and materials shall be removed completely from the point of emission.

(3) If it is not technically possible to remove the substances and materials completely, appropriate personal protective equipment shall be used.

18.-(1) To the extent that it is consequent to the assessment referred to in § 14, workplaces where these substances, materials or working processes are used shall be demarcated and provided with appropriate warning and safety signs including ’no smoking’ signs.
 
(2) Such measures shall always be taken to the extent prescribed by Annexes 1 and 2.

19.-(1) To the extent that it is consequent to the assessment referred to in § 14, work involving these substances, materials and working processes may only be performed at workplaces that are kept effectively separate from other workplaces, and only employees whose duties render it necessary shall have access to these areas.
 
(2) Such measures shall always be taken to the extent prescribed by Annexes 1 and 2.

20.-(1) To the extent that it is consequent to the assessment referred to in § 14, the shower and changing facilities shall comprise two separate changing rooms for street clothes and working clothes, respectively, the design of which shall be in accordance with the provisions of the Executive Order on the Conditions at Permanent Places of Work.

(2) Shower and changing facilities shall always be fitted out in this way to the extent prescribed by Annexes 1 and 2.

21.-(1) To the extent that it is consequent to the assessment referred to in § 14, the employer shall ensure that inspection of the working environment according to Part 5 of the Executive Order on the Performance of Work includes measuring programmes. 

(2) The measuring programmes shall always be part of such inspection to the extent prescribed by Annexes 1 and 2.

(3) The measuring programmes shall be subject to approval by the Director General of the Danish Working Environment Authority.

22.-(1) Employers shall keep an updated list of the employees who are assessed, cf. § 14, to be or have been exposed to risk due to work involving these substances or working processes, which list shall state the exposure to which they have been subjected.

(2) The employees shall have access to the information on the list relating to them personally.The employees and their representatives at an enterprise shall have access to the collective and anonymous information on the list.

(3) The information about the individual employees shall be kept for 40 years following the end of the exposure.If an enterprise is closed down, the list shall be sent to the local Regional Inspectorate of the Danish Working Environment Authority.

23.-(1) Employers shall ensure that employees who are assessed, cf. § 14, to be likely to be exposed to these substances, materials or working processes, before being engaged and at regular intervals thereafter, are given access to an examination in accordance with the principles of occupational medicine as prescribed by the Executive Order on Occupational Medicine Examinations pursuant to the Danish Working Environment Act.

(2) To the extent prescribed by Annexes 1 and 2, employees shall have access to examinations in accordance with the principles of occupational medicine.

24. To the extent prescribed by Annex 1, employers shall ensure, before using the substances or materials at the enterprise, that the packaging is labelled according to the rules set out in Annex 3.

25. To the extent prescribed by Annexes 1 and 2, work involving the substances, materials and working processes shall only be performed by persons who have been given instructions about health and safety problems and measures related to the work, provided either by the Occupational Health Service of the enterprise or persons who have passed a special training course approved by the Danish Working Environment Authority.

26. To the extent specified in annexes 1 and 2, work on the substances, materials and work processes may only be performed by persons who have completed training and hold a training certificate. The qualifications required in order to obtain a certificate of education are listed in the Executive Order on Occupational Safety and Health Training Programmes.

Restrictions on use, approval, notification, etc.

27. To the extent prescribed by Annexes 1 and 2, the manufacture and use of the substances, materials and working processes in question are prohibited.

28. To the extent prescribed by Annexes 1 and 2, work involving the substances, materials and working processes in question shall not be performed in the homes of employees.

29. Manufacture and use of the substances, materials and working processes in question shall, to the extent prescribed by Annexes 1 and 2, not take place without the approval of the Director General of the Danish Working Environment Authority, cf. however § 30 (3).

30. Applications for approval shall be filed in printed or electronic form to the local Working Environment Authority and include the following information:

  1. intended use and an assessment of the health and safety conditions in connection with the work, cf. § 14,
  2. the reasons why the substance, material or process cannot be replaced by a less hazardous substance, material or working process,
  3. any technical plants and working processes, and the necessary safety measures.

(2) The Working Environment Authority shall be entitled to demand supplementary information for the purpose of approval.

(3) Approval of pesticides shall be granted by the Danish Environmental Protection Agency according to the rules on chemical pesticides issued by the Danish Environmental Protection Agency.

31.-(1) If the decision of the Working Environment Authority has not been notified to the applicant three months at the latest after the Working Environment Authority has received the application, the substance, material or process shall be allowed to be manufactured or used without further notice.

(2) The time limit shall be reckoned from the date when adequate documentation has been submitted, cf. § 30.

32. Anyone who has obtained approval under § 29 shall inform the Working Environment Authority of any changes made in the working processes, etc. which may involve a risk to health and safety.

33.-(1) To the extent prescribed by Annexes 1 and 2, work routines, working processes and methods, etc. shall be notified to the Working Environment Authority in the region where the working process, etc. is intended to be commenced or is performed.

(2)The notification shall be in printed or electronic form and include the information listed in Annex 4.

34.-(1) To the extent prescribed by Annexes 1 and 2, all accidents that may lead to a risk that persons will be exposed to health hazards due to exposure to substances and materials or to working processes shall be reported to the local Working Environment Authority.

(2) Such reports shall contain a description of the accident and the names of the substances and materials in question and information about the quantity emitted.

(3) The report shall include an indication of the probable cause of the accident and an account indicating how similar accidents can be prevented in future.

Part 4 - Revision, exemptions and right of appeal

35. The adjustments prescribed by Annexes 1 and 2 shall be revised every second year at the recommendation of the Director General of the Danish Working Environment Authority and after negotiation with the Danish Working Environment Council.

36. In special circumstances, the Director General of the Danish Working Environment Authority may permit derogations from the provisions of this Executive Order where this is deemed to be reasonable and fully acceptable, and to the extent it is compatible with Council Directive No. 90/394/EEC on the Protection of Workers from the Risks related to Exposure to Carcinogens at Work, as amended by Directive No. 1997/42/EC and Directive No. 1999/38/EC.

37. Any decision made by the Danish Working Environment Authority may be appealed in accordance with § 81 of the Danish Working Environment Act.

Part 5 - Penalty Provisions

38. Unless a more severe punishment is prescribed by the Danish Working Environment Act or any other legislation, anyone who:

  1. contravenes §§ 5-14, s§ 16-29 and §§ 32-34,
  2. fails to comply with any improvement notice or prohibition notice issued in accordance with the provisions of the Executive Order, or
  3. fails to comply with the terms of approvals or permissions granted under this Executive Order.   

(2) or contravention of §§ 5-14, s§ 16-29 and s§ 32-34, an employer may be held liable to pay a fine even if he has not acted intentionally or negligently.The liability to pay a fine shall be on condition that the violation can be ascribed to one or more persons associated with the enterprise or the enterprise per se.There shall be no alternative sentence in lieu of the fine.  

(3) Criminal liability may be imposed on companies, etc. (legal persons) pursuant to the rules in Part 5 of the Danish Penal Code.

Part 6 - Entry into Force

39. -(1) This Executive Order shall enter into force on 15 October 2005.

(2) Executive Order No. 906 of 8 November 2002 on Measures to Protect Workers from the Risks related to Exposure to Carcinogenic Substances and Materials at Work as subsequently amended shall be repealed.

(3) Executive Order No. 535 of 12 July 1990 on Registration of Substances and Materials considered Carcinogenic shall be repealed.

The Danish Working Environment Authority, 27 September 2005

Jens Jensen/Charlotte Skjoldager

This Executive Order includes provisions implementing Council Directive No. 90/394/EEC, Official Journal 1990 L 196, p. 1, Council Directive 97/42/EC, Official Journal 1997 L 179, p. 4, Council Directive 98/24/EC, Official Journal 1998 L 131, p. 11 and Council Directive 99/38/EC, Official Journal 1999 L 138, p. 66.