Exposure register for hazardous substances – Part 2

Based on the information published by the Ministry of Innovation and Technology in March 2020, we have already received answers to some questions regarding the exposure register for hazardous substances.

We now receive answers to the following questions based on the opinion of the Ministry's Occupational Safety Department:  

  • Should exposure records be kept at the job level or for each employee concerned?
  • How should exposure time be recorded?

If a very small quantity or a short period of time is used for the hazardous substance or hazardous mixture, the measured data of the exposure concentration must be provided. Is measurement necessary?

Should exposure records be kept at the job level or for each employee concerned?

From a professional and legal point of view, the position that exposed employees previously had to be defined solely at the job level is not correct.

Under previous regulations, exposure records had to be kept broken down by employee rather than by job position.

It often happens that employers assign employees tasks beyond their job description that also involve exposure to hazardous substances, resulting in additional exposure (e.g., cleaning workplaces where dust from hazardous substances or mixtures may contaminate the work environment).

Keeping an exposure record is not only a legal obligation, but also an important task for employers.

interest, because it is possible to monitor the development of employees' exposure to hazardous substances in the workplace. With the data recorded in the register can be identified as given

the hazardous substance(s) to which the employee is or may be exposed, and the level, nature, and duration of exposure can be monitored and evaluated.

With the available data identify hazardous substances for which biological monitoring is mandatory or recommended, which can be used to filter out cases of increased exposure before occupational diseases develop.

How should exposure time be recorded?

Pursuant to Section 3(11) of the ITM Decree exposure time „the daily, weekly, and annual duration spent by the employee in a work area contaminated with chemicals, expressed in hours, days, and weeks”, This is why Section 63/A(2)(c) of the Mvt. stipulates the obligation to record the daily, weekly, and annual exposure time of employees, in accordance with Section 63/B(2)(c) of the Mvt. (carcinogenic/mutagenic substances).

This does not mean that exposure time must be recorded daily, but pursuant to Section 5 of the ITM Decree risk analysis must determine or estimate, that the employee on a working day, in a week and in a year the total duration of exposure to the hazardous substance. The data to be recorded in the register shall be based on the results of the risk assessment.

Duration of exposure „hour/day”in, „hour/week”in or even „hour/year”The nature of the exposure in terms of time (e.g., continuous, intermittent, periodically recurring, occasional) should be recorded as appropriate, from which the weekly and annual exposure time can be identified.

If a very small quantity or a short period of time is used for the hazardous substance or hazardous mixture, the measured data of the exposure concentration must be provided. Is measurement necessary?

 According to Section 63/A(2)(d) of the Mvt., „measured exposure concentration data”-ra

The relevant registration obligation only applies to hazardous substances regulated by limit values

with regard to, in the case of exposure measurement exists. (If there is no measured data because there is no mandatory measurement, there is nothing to record.)

For hazardous substances regulated by limit values obligations relating to exposure measurements in Section 54(2) of the Mvt. and Section 11(4) of the ITM Decree:

– „During risk assessment, the causative factor regulated by the health protection limit value

In the event of occurrence, occupational hygiene tests must be carried out to determine the extent of exposure.

– If an employee may be exposed to hazardous substances subject to limit values, the employer is obliged to determine the concentration of hazardous substances within the framework of workplace monitoring, at a frequency depending on the degree of exposure, the hazardousness of the substance or substances, and the stability of the technology, and to monitor it continuously in accordance with standard MSZ EN 689:2018 or in a manner at least equivalent to it.” 

According to Section 3(9) of the ITM Regulation: „Exposure estimation: the activity that involves measuring exposure or, in the absence of measurement, estimating the probable dilution of the assumed „escaped” substance in the workplace.

airspace concentration estimation”.

When performing risk assessment within the framework of chemical risk assessment pursuant to Section 5 of the ITM Decree, the employer shall determine, within the framework of occupational health activities and with the involvement of the occupational health service, which substances require instrumental measurements and which substances are sufficient to be measured instrumentally, depending on the hazard of the substance(s), the exposure conditions, the expected level of exposure, the duration of exposure, and the stability of the technology, the employer must determine which substances require instrumental measurements and for which substances an estimate of the airborne concentration is sufficient. The risk assessment must take into account the information contained in the safety data sheet for the hazardous substance or mixture used in the workplace, the limit values specified in Annexes 1-6 of the ITM Regulation, the requirements of the MSZ EN 689:2018+AC:2019, and the data from tests already carried out by occupational health services (e.g., biological monitoring).

Based on the above, in the case of hazardous substances regulated by limit values Exposure measurement may only be disregarded if based on the results of airspace concentration estimates

It can be clearly stated that:

– the expected level of exposure is much lower than the permissible limit in workplace air, and

– the degree of risk („estimated magnitude”) – taking into account the nature of the risk, the

frequency and duration of exposure – at a level that does not endanger the health or safety of workers.

 The exposure register must be updated, if the employer previously unused hazardous substance activity takes place, or the in activity such changes have occurred, making it necessary to review and update the chemical risk assessment.

Source: ommf.gov.hu

Image source: Photo by Louis Reed on Unsplash

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