Ordinance No 10 dated 26.09.2003 on protection of workers from risks involving exposure to carcinogens and mutagens during work
Issued by the Minister of Labour and Social Policy and the Minister of Health, promulgated SG, Issue 94 dated 24.10.2003, in force as of 25.10.2004, as amended Issue 8 dated 30.01.2004, в in force as of 31.01.2005, as amended and supplemented Issue 46 dated 23.06.2015.
Article 1. This Ordinance determines the minimum requirements for protection of workers from existing and potential health and safety risks during exposure to carcinogens or mutagens during work.
Article 2. (1) This Ordinance is subject to application at all enterprises, locations, and activities pursuant to Article 2 of the Health and Safety at Work Act (HSWA), when workers are or could be exposed to carcinogens or mutagens during work.
(2) (As amended – SG, Issue 46 dated 2015) The protection of workers from exposure to asbestos requires the application of this Ordinance, when more stringent requirements are required than the requirements specified by Ordinance No 9 dated 2006 on protection of workers from risks involving exposure to asbestos during work (SG, Issue 71 dated 2006).
Article 3. This Ordinance does not apply only to protection of workers from risks involving exposure only to ionizing radiation.
Article 4. (1) The risk to health and safety of workers must be assessed pursuant to Ordinance No 5 dated 1999 on the order, manner, and recurrence of risk assessment execution (SG, Issue 47 dated 1999).
(2) Each activity, during which risk may arise from exposure to carcinogens or mutagens, must be subjected to determination of the type, degree, and duration of exposure of workers for risk assessment execution and determination of respective measures.
(3) During the risk assessment all possible exposure modes are taken into account, including skin exposure.
Article 5. (1) During the execution of risk assessment the employer must establish and assess the possible effects of carcinogens and mutagens on the health and safety of workers, requiring special protection, including workers suffering from health condition impairments.
(2) When during the risk assessment risk is established to the health and safety of workers pursuant to Paragraph 1, the employer is obligated to offer them relocation from the environment, connected to the exposure to carcinogens and mutagens.
(3) The temporary or permanent relocation of said persons to workplaces excluding contact with carcinogens and mutagens shall be resolved individually for each separate case, and the relevant relocation shall be executed after obtaining of worker’s agreement.
Article 6. The employer must provide upon request to the control authorities the information used for risk assessment’s execution.
Article 7. When the risk assessment results indicate risk to health and safety of workers, the employer must prevent their exposure to carcinogens and mutagens.
Article 8. (As amended – SG, Issue 46 dated 2015) The employer must limit the use of carcinogens and mutagens at the workplaces via replacement by other substances, mixtures, or processes, not hazardous or less hazardous to the health and safety of workers, when this is technically and technologically feasible.
Article 9. (As amended – SG, Issue 46 dated 2015) The employer must present upon request of control authorities information regarding the results of conducted surveys regarding the technological and technical possibilities for replacement of used carcinogens and mutagens with substances, mixtures, or processes, not hazardous or less hazardous to the health and safety of workers.
Article 10. (As amended – SG, Issue 46 dated 2015) When the replacement of used carcinogens or mutagens by substances, mixtures, or processes not hazardous or less hazardous is technically and technologically unfeasible, the employer must provide a closed system for production of carcinogens and mutagens.
Article 11. When the use of a closed system is technically unfeasible, the employer must reduce the level of exposure of workers to the lowest technically attainable level.
Article 12. (As amended – SG, Issue 8 dated 2004, Issue 46 dated 2015) The values of the carcinogens and mutagens in the air of the workplace must not exceed the limit values specified in Appendix No 1 to Article 1, Paragraph 1, Item 3 of Ordinance No 13 dated 2003 on protection of workers from risks involving exposure to chemical agents during work (SG, Issue 8 dated 2004).
Article 13. In all enterprises, locations, and activities pursuant to Article 2 of HSWA, when workers are or could be exposed to carcinogens or mutagens during work, the employer must implement following measures:
1. limitation of quantities of used carcinogens or mutagens at the workplace down to the technical minimum;
2. reduction of number of workers, which are or could be exposed to carcinogens or mutagens, down to the lowest possible number;
3. organization of work processes and technical measures in a manner providing the prevention or reduction to a minimum of carcinogens or mutagens emissions into the air of the work environment;
4. elimination of carcinogens or mutagens at the source and provision of local aspiration or general ventilation facilities, providing protection to population’s health and the environment;
5. provision of suitable systems for measurement and early detection of levels in excess of the exposure norms to carcinogens or mutagens in case of unforeseen incidents or accidents;
6. provision of implementation of suitable procedures and methods for safe work with used carcinogens and mutagens;
7. provision of collective protective equipment and/or personal protective equipment;
8. adoption of hygienic measures, including regular cleaning of floors, walls and other surfaces;
9. provision of information to workers regarding the adopted measures;
10. determination of work zones, where workers are or could be exposed to carcinogens or mutagens and posting of signs and signals for labour safety and fire protection and other suitable warning signs, including the sign "No smoking";
11. preparation of action plans in the event of accidents with existing risks of exceeded limit values of carcinogens or mutagens;
12. provision of safe storage, use, and transportation of carcinogens or mutagens via the use of tightly closing and marked containers;
13. provision of safe collection, storage, and destruction/disposal of waste by workers, using tightly closing and marked containers.
Article 14. (1) The employer must notify workers of each incident or accident, which may lead to exposure above the limit values of workers to carcinogens and mutagens.
(2) The following measures must be adopted in cases pursuant to Paragraph 1:
1. work in the zone must be terminated until the elimination of reasons and bringing in line the exposure within the limit values;
2. only workers shall be allowed in the zone, performing repair or other actions for elimination of the accident or incident, and their number shall be limited to the requisite minimum;
3. workers pursuant to Item 2 must be provided protective clothing and suitable respiratory protection equipment, which they are obligated to wear;
4. workers without protective equipment are not allowed in the zone;
5. the workers’ duration to exposure must be limited to the requisite minimum for execution of activities pursuant to Item 2.
Article 15. (1) In performance of activities like maintenance, repair, etc, during which probability exists of significant elevation of exposure of workers along with undertaking of all technical protection measures limitation of said exposure, the employer must:
1. define and apply measures to reduce the duration of the workers’ exposure down to the possible minimum;
2. consult with workers and/or their representatives the measures defined pursuant to Item 1.
(2) In cases pursuant to Paragraph 1 the measures must include:
1. provision of protective clothing and respiratory protection equipment to workers, which they are obligated to wear during the entire time of the elevated exposure;
2. limitation of workers’ exposure duration down to the requisite minimum for performance of works pursuant to Paragraph 1.
(3) The employer must adopt measures for limitation and designation of locations where activities are performed pursuant to Paragraph 1, and must provide access to said locations only to the directly engaged workers or to workers obligated to be present.
Article 16. The employer must limit the access to locations, where activities are performed, during which the risk assessment results indicate risk to health and safety of workers, permitting access only to directly involved workers or workers obligated to be present.
Article 17. (1) During the performance of activities involving the risk of hazard from contamination with carcinogens or mutagens, the employer must adopt following hygienic and personal protection measures:
1. ban on food, drink and smoking at workplaces with existing risk of contamination with carcinogens and mutagens;
2. provision of protective clothing or other suitable special clothing to workers;
3. provision of conditions for segregated storage of work or protective clothing from other clothing;
4. provision of suitable sanitary utilities premises and washing ant toiletry means;
5. creation of conditions for correct storage of protective equipment at location designated to that end;
6. provision of inspection and cleaning of protective equipment after each use and if possible prior to use and repair or replacement of damaged protective equipment prior to its subsequent use.
(2) The measures pursuant to Paragraph 1 shall be to the account of employer.
Article 18. When the risk assessment results indicate risk to health and safety of workers, the employer must provide upon request on part of the control authorities information regarding:
1. activities and/or production processes, during which the workers are or could be exposed to carcinogens or mutagens;
2. reasons determining the need for use of carcinogens or mutagens;
3. (As amended – SG, Issue 46 dated 2015) produced or used quantities of substances or mixtures containing carcinogens or mutagens;
4. number of exposed workers;
5. adopted safety and protection measures;
6. type of used collective protection means/equipment and personal protective equipment;
7. type and level of exposure;
8. (As amended – SG, Issue 46 dated 2015) occasions of replacement of used carcinogens and mutagens by substances, mixtures, or processes not hazardous or less hazardous.
Article 19. (1) Based upon the entire available information the employer must provide workers and/or their representatives suitable training and instructions regarding:
a) possible health risks, including additional risk from smoking;
b) measures for prevention and protection from exposure to carcinogens and mutagens;
c) hygienic requirements regarding the equipment and personal hygiene;
d) wearing and use of protective equipment and clothing;
e) measures subject to adoption on part of workers and especially on part of rescue teams during incidents and for prevention of incidents.
(2) The training pursuant to Paragraph 1 must be:
a) coordinated in line with the appearance of new or change of existing hazards;
b) repeated periodically cases whenever required.
(3) The employer must inform workers of all installations and containers, containing carcinogens and mutagens, and must provide clear and legible labeling and marking and visible warning and safety signs of installations, containers, and packaging.
Article 20. (1) The workers and/or their representatives have the right to participate in the inspections regarding observation of this Ordinance’s requirements.
(2) The workers and/or their representatives may participate in the discussion, adoption, and application of requirements for provision of health and safety to workers, including the ones pertaining to:
a) selection, wearing, and correct use of personal protective equipment and special work clothing;
b) determined measures on part of employer pursuant to Article 15, Paragraph 2.
(3) The employer must notify in the speediest possible manner workers and/or their representatives regarding each case of exposure exceeding the limit values, including cases pursuant to Article 15.
(4) In cases pursuant to Paragraph 3 the employer must inform workers and/or their representatives of the reasons leading to exposure levels exceeding the limit values, of adopted measures or of measures subject top adoption for remedying the situation.
Article 21. (1) The employer must execute a list of workers, for which the results of the risk assessment pursuant to Article 4 indicate risk to health and safety.
(2) The employer must update the list during each change of circumstances.
(3) The list must specify the type of performed work, the carcinogen and/or mutagen, to which workers are exposed, as well as data regarding the exposure, accidents, and incidents.
(4) When the employer possesses data regarding the exposure of workers at a prior workplace, the respective data must be specified in the list.
(5) The employer must provide constant access to the list to the physician of the occupational medicine service, to the control authorities and the labour health and safety authorities.
(6) Each worker has the right of access to the information pertaining to him/her, specified in the list.
(7) The employer, upon request of workers and/or their representatives must provide summary data, executed based upon the information included in the list.
(8) (As amended – SG, Issue 46 dated 2015) The employer must present annually by March 31st the updated list for the past year to the Territorial Directorate “Labour Inspectorate” and to the respective regional health inspectorate, on the territory of which the enterprise is located.
Article 22. (1) The employer must provide medical surveillance of workers, for which risk is at hand regarding their health and safety, established during the risk assessment.
The medical surveillance must be executed:
1. prior to the exposure;
2. at periodic time intervals during the exposure, specified pursuant to Ordinance No 3 dated 1987 on the mandatory preliminary and periodic medical examinations of workers (SG, Issue 16 dated 1987).
(2) The medical surveillance must be organized in a manner ensuring the possibility for application of specific measures.
(3) The medical surveillance must be executed pursuant to Ordinance No 3 dated 1987 on the mandatory preliminary and periodic medical examinations of workers (SG, Issue 16 dated 1987) upon observation of requirements specified in the appendix.
Article 23. (1) When health impairment or illness is established in a worker, which are supposedly resultant from the exposure to carcinogens and mutagens, the physician may also require the execution of suitable medical surveillance of the remaining workers, working under the same exposure.