Directive 2004/37/EC on the protection of workers from the risks related to exposure to carcinogens, mutagens or reprotoxic substances at work
EU / 29 April 2004/ June 2004
European Union Directive, to be implemented by all Member States by transposition of the legislation and enforcement with their means
The aim of this Directive is to protect workers against risks arising from exposure to carcinogens, mutagens and reprotoxic substances at work.
The Directive uses the definition of carcinogenic, mutagenic and reprotoxic compounds provided in other EU legislation (Directives 67/548 and Directive 1999/45), to which it adds the examples of carcinogens in its Annex I.
Specific obligations for the employer as well as other measures referring to health monitoring, record keeping and exposure limits are provided.
The employer shall reduce the use of carcinogens, mutagen or reprotoxic substances at the place of work, in particular by replacing it, in so far as is technically possible, by a substance, preparation or process which, under its condition for use, is not dangerous or is less dangerous to worker’s health or safety.
Substitution is defined as first priority; all Member States have to follow this principle in their national legislation.
Strict obligations of enterprises, when using a carcinogenic, mutagenic or reprotoxic substance also support the idea of substitution.
Last update: 28.03.2022