Actions of Romanian Labour Inspection for the enforcement of REACH. Music: Ballade Composer: Ciprian Porumbescu

Transcription

1 Actions of Romanian Labour Inspection for the enforcement of REACH Music: Ballade Composer: Ciprian Porumbescu

2 Romanian Labour Inspection was established, at the end of 2013, as the competent authority for the enforcement of the legislation implementing the provisions of REACH in relation with the provisions of safety and health of workers. 2

3 Romanian Labour Inspection has proposed the following REACH-related enforcement responsibilities Article 14.6 regarding the registrants identification of risk management measures (RMM) and application of these, Article 34 b regarding the responsibility of downstream users (DU) to communicate information on their own use that might call into question the appropriateness of the RMM identified in the safety data sheet (SDS), Article 35 regarding employers responsibility to make available information on substances and mixtures, Article 37.4 concerning the responsibility for DU to prepare a chemical safety report in some situations, Article 37.5 regarding the DU s identification of appropriate RMM and application of these, Article 38 regarding the responsibility to report information, Article 56 regarding the application of terms referring to authorization, Article 60 regarding the responsibility of license holders to ensure that the exposure is reduced, and Article 67 regarding the application of terms pertaining to restrictions in accordance with Annex XVII of REACH.

4 Labour Inspection organizes in order to fulfill the new tasks in parallel with those derived from the directives in the field (CAD, CMD): A) training of labour inspectors; B) informative & awareness raising activities for interested parties, and C) inspection visits.

5 A) Training of labour inspectors is based on the case studies developed by ECHA and Forum for Training the Trainers on enforcement of REACH and CLP, in annual sessions

6 A) Training of labour inspectors is based on the documentation posted by ECHA on its website

7 Oradea (Bihor County) Iasi (Iasi County) The Labour Inspection trained 103 labour inspectors in Sibiu (Sibiu County)

8 A)Training of labour inspectors Braila (Braila County) The training topics for the first year were the folowing: Introduction of EU chemicals policy; CLP and REACH regulations on the protection of the health and safety of workers; Use of SDS to ensure OSH; Checking the use of the substance within the ES (use descriptors, standardization, risk characterization ratio); Authorisation/ Restrictions - chemical risk management tools; Information about substances on the ECHA website; REACH and OSH inspection..

9 Craiova (Dolj County) The course can be downloaded at: Bucharest

10 The Labour Inspection trained 47 labour inspectors in Sibiu (Sibiu County)

11 In 2015 the training topics were as folows: Introduction and SDS information; Challenges while checking SDS; Introduction and information about SDS extended; Challenges while checking exposure scenarios; Occupational Exposure limits (OELs) in chemicals legislation - DNEL, OELs and others. Brasov (Brasov County)

12 Cluj-Napoca, CLUJ County The Labour Inspection trained 62 labour inspectors in 2016

13 In 2016 the training topics were as folows: Călăraşi, CĂLĂRAŞI County Use of information generated by REACH and CLP for CAD and CMD; ECHA website news; Trends in chemical risk assessment; Practical training in companies: Identifying and addressing substances of concern; Hot topics (CMR, endocrine disruptors, sensitive risk groups, green chemistry, emerging chemical risks, etc.); Apropriate PPE for chemical risks.

14 A) Training of labour inspectors Participation certificates were handed.

15 B) Informative and awareness raising activities The Labour Inspection has been organizing various activities since 2012, with a view to inform interested parties on the ways to ensure safety and health of workers exposed to hazardous chemicals: website, meetings with stakeholders, publications, development of guidance materials, etc.

16 Information about chemicals B. Don t let chemicals to corrode your health!

17 English version of Romanian legislation concerning chemicals ents/66402/267275/gd+no _chemical+agents_EN pdf/54fa6832-5f84-4fd9-ac0bbad6d6b746b4

18 The Labour Inspection has translated and put on its website various materials.

19 The Labour Inspection has translated and put on its website ECHA presentations for the use of DUs. REACH & CLP Downstream Users Overview Presentation developed by ECHA. Translated and adapted by the Labour Inspection.

20 The Labour Inspection has translated and put on its website ECHA presentations for the use of DUs. Check of the exposure scenario Presentation developed by ECHA. Translated and adapted by the Labour Inspection.

21 The Labour Inspection has translated and put on its website ECHA presentations for the use of DUs. Communication in the supply chain Producer Importer Distributor Articles Producer Formulator Downstream User Presentation developed by ECHA. Translated and adapted by the Labour Inspection. Overview and Tips for Downstream Users

22 The Labour Inspection has translated and put on its website ECHA presentations for the use of DUs. Identifying and addressing substances of concern under REACH and CLP Presentation developed by ECHA. Translated and adapted by the Labour Inspection.

23 The Labour Inspection has translated and put on its website ECHA presentations for the use of DUs. REACH & CLP What formulators should know Presentation developed by ECHA. Translated and adapted by the Labour Inspection.

24 InfoCards make information on chemicals more accessible The Labour Inspection has translated and put on its website ECHA presentations for the use of DUs.

25 Labour inspectors held meetings with stakeholders and informed them about their new legal obligations. To this end, the Labour Inspection has developed PowerPoint presentations on: introduction to the EU legislation on chemicals; CLP; SDS; ES; restrictions, authorisations; further information available online. Prahova County

26 Labour inspectors organised 58 meetings with 1382 participants in 2015 and 56 meetings with 1110 participants in Satu Mare County Constanta County

27 participation in several symposia, conferences, workshops, round tables, etc.

28 Specific information are being published in Obiectiv Magazine

29 Model of cards for workers

30 Verso workers card

31 For employers, the Labour Inspection has developed a guidance document that includes: address of the national Helpdesk; the specific elements of the Member State which must appear in SDS; Internet addresses where they can find additional information etc. They were distributed in electronic format during the inspection visits. Should you be interested, copies are available in English.

32 C) Inspection Visits Performance indicators training of at least 1 labour inspector/county; minimum 1 press release/county; minimum 1 training session for interested parties/county; minimum 20 employers/countyparticipating in the informative and awarenessraising sessions; 2 inspection visits/month/inspectorate during October - December 2014, July - November 2015 and July - November 2016; inspection visits in companies carrying out economic activities under the following NACE codes: A - Agriculture, forestry, fishery, B Mining, C10, 11, 13 31, 33, 35 37, 72 Manufacture, F Building, Q86 Health services*, and especially: in companies using (not manufacturing) chemicals (downstream users); in SMEs. * Economic activities mentioned in Guidance on Information Requirements and Chemical Safety Assessment. Chapter R.12: Use description, pg. 48

33 A check-list / a control questionnaire has been developed to help labour inspectors, which: follows the chart of the Guidance for National Labour Inspectors drawn up by the SLIC; includes links to REACH Annexes XIV and XVII; contains an annex with helpful information. Should you be interested, copies are available in English.

34 To support the labour inspectors field activity, there has been developed a template of an official address to the Environmental Guard, so that they may report any suspected violation of the provisions of REACH and CLP Regulations for which the Labour Inspection has no enforcement competence. The template is accompanied by an open list of possible noticeable aspects. Should you be interested, copies are available in English.

35 C) Inspection Visits in in in 2016 Timis County

36 Outcomes No. of workplaces with exposure to harmful chemical agents (HCA) that were inspected Total no. of workers of the inspected companies Total no. of workers exposed to HCA at the workplaces inspected, out of which: No. of young individuals (<18) exposed to HCA No. of women exposed to HCA Measures ordered pursuant CAD/CMD No. of measures ordered during inspection visits No. of warnings No. of fines

37 Distribution (%) of the inspections on types of enterprises %

38 The main economic activities in which inspections were carried out %

39 C) Inspection Visits Distribution (%) of inspections by type of holders of REACH obligations %

40 Outcomes (in percentages) of the findings in the inspections on REACH Legal requirement Article of REACH NA* YES NO NA YES NO NA YES NO Did the P/I identify in the safety data sheet appropriate measures to adequately control the risks, measures that are already in place? Did the AU inform the provider about its use, risk managing measures, etc.? Do workers have access to the safety data sheet? Did the DU prepare a chemical safety report? Did the DU report certain information to ECHA? Is the use of the substance authorized? Does the holder of authorisation ensure that the exposure is reduced to the lowest level technically and practically possible? Are the conditions of restriction being observed? NA = not applicable

41 Conclusions Both labour inspectors and employers have become familiar with REACH requirements as stipulated in OSH legislation, respectively with the access of workers to safety data sheet, with the risk assessment and the establishing prevention and protection measures based on the information in the safety data sheet. There still is great uncertainty for both inspectors and employers when enforcing new regulation, especially with regard to substances of very high concern. Therefore, the Labour Inspection intends to continue both the training of labour inspectors and the information and awareness raising actions for other prevention factors. Endless Column, Brancusi, Tg. Jiu, Gorj County