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Protection of workers exposed to carcinogens, mutagens or reprotoxic substances

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by ​​​​​​​​​Małgorzata Kolasa-Dorosz​​​

23 October 2024

Employers hiring workers in jobs which involve contact with chemicals, their mixtures, agents or technological processes having carcinogenic, mutagenic or reprotoxic effects are obliged to observe the amended Regulation of the Minister of Health on chemical substances, their mixtures, agents or processes having carcinogenic, mutagenic or reprotoxic effects in the working environment, issued under Article 222(3) of the Polish Labour Code. 

The amended legislation aims to protect the health of workers from exposure to the above-mentioned substances. In addition, the list of the substances has been expanded to include reprotoxic substances, that is those that affect human reproduction. 

The key obligations of employers hiring workers in jobs which involve exposure to carcinogens, mutagens or reprotoxic substances include:

  1. Replacement of hazardous substances – the employer is obliged to strive to substitute carcinogenic, mutagenic or reprotoxic substances and technological processes with less harmful solutions, if technically possible.
  2. Keeping a record of the substances – the employer is obliged to record all types of work performed in contact with chemicals, their mixtures, agents or technological processes having not only carcinogenic and mutagenic effects, but also reprotoxic effects.
  3. Keeping a record of exposed workers – employers are required to keep a record of workers working in contact with the abovementioned substances.
  4. Keeping a record of exposed jobs – the employer is obliged to keep a record of jobs which involve contact with chemicals, their mixtures, agents or processes having carcinogenic, mutagenic or reprotoxic effects; the content of the record is defined in the regulation.
  5. Information obligation towards state authorities – the employer must provide information on chemical substances, their mixtures, agents or technological processes with carcinogenic, mutagenic or reprotoxic effects to the competent state regional sanitary inspector and the competent district labour inspector – immediately after commencement of business activity and annually by 15 January for the previous year, or at their request.
  6. Obligations towards workers, periodic training and health check-ups  – the employer must also ensure that workers' health is regularly checked, especially for exposure to carcinogens, mutagens and reprotoxic agents, according to the individual risk assessment. The employer also has information and training obligations towards employees, as detailed in the regulation.
  7. Measurements of factors harmful to health in the working environment – the list of tests and measurements of factors harmful to health at work has been expanded to include reprotoxic substances (by the Regulation of the Minister of Health of 22 July 2024 amending the Regulation on tests and measurements of factors harmful to health in the working environment). 

The amended regulations entered into force on 28 July 2024. 

If you need support in adapting your business to the new legal requirements, you are welcome to contact us.

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Małgorzata Kolasa-Dorosz

Attorney at law (Poland)

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