Chemical risk assessment: amendments to Legislative Decree 81/08

Legislative Decree No. 39 of 15 February 2016 (which entered into force on 29 March 2016), makes significant changes to Legislative Decree No. 81 of 9 April 2008 on the management of chemical agents.
Specifically, it obliges all companies carry out a chemical risk assessment based on the new classification of chemical agents introduced by EC Regulations No. 1907/2006 and No. 1272/2008.

Indeed, Article 223, subsection 1 of Legislative Decree No. 81 of 9 April 2008, imposes the following post-amendment requirements:

“In carrying out the assessment referred to in Article 28, the employer makes a preliminary finding as to the presence of hazardous chemical agents in the workplace, and also assesses the health and safety risks to workers of those agents, taking into account the following in particular:

a) their hazardous properties;
b) the health and safety information notified by the supplier by the relevant safety data sheet provided pursuant to EC Regulation No. 1907/2006 of the European Parliament and Council;
c) the level, mode and duration of the exposure;
d) the circumstances in which the work is performed in the presence of these agents, taking into account the quantity of the substances and mixtures that contain them or that could give rise to them; [4]
e) the limit values of occupational exposure or the biological limit values; an initial list of these is provided in Annexes XXXVIII and XXXIX;
f) the effects of the prevention and protection measures adopted or to be adopted;
g) if available, the conclusions drawn from any health surveillance already undertaken”.

Furthermore, Legislative Decree No. 39 of 15 February 2016 also amends Legislative Decree No. 151 of 26 March 2001 on the protection of pregnant women and lactating women, still in connection with the new provisions introduced by the aforementioned EC regulations.

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(19 April 2016)

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