A+A Expert Talk: Providing protection against insidious hazardous substances
“Sulphuric acid is ‘honest’, so to speak – it instantly corrodes everyone if you don’t take adequate protective measures when working with it. The insidious thing about contact with carcinogenic hazardous substances, on the other hand, is that you can only feel their effects many years later after the activities – for example in the form of a malignant tumor,” says Dr. Christian Felten, Managing Director of the Federal Working Group for Safety and Health at Work (Basi), who moderated the A+A Expert Talk on hazardous substances, in which four experts answered questions from around 500 listeners. The experts’ presentations on the subject of hazardous substances can be downloaded as a PDF from the Basi website – where you can also read the answers to the questions asked in the chat.
Together with the speakers, Dr. Christian Felten pointed out how important it is to raise awareness among all employees. Employees must be protected, even if there are no immediate harmful consequences when handling the hazardous substance. The hazardous substance check of the Joint German Occupational Safety and Health Strategy (GDA) was the focus of the A+A Expert Talk. This check is a free online tool provided by the accident insurance institutions and the DGUV institutes. It can help companies to find out which hazardous substances are produced, for example, when processing metals or wood, in electroplating or when manufacturing medicines (cytostatics) for cancer therapies in the healthcare sector. This was emphasized by Dr. Hans-Peter Fröhlich, Head of the Chemical Agents and Measurement Technology Department, BGHW – Berufsgenossenschaft Handel und Warenlogistik. According to Fröhlich, cancer is usually caused by several factors, such as working with benzene and smoking. He presented various protective measures(see presentation).
The check and its nine modules can cover around 90 percent of all open questions on the subject of hazardous substances, explained Dr. Alexander Schneider, Head of the Central Exposure Database Hazardous Substance Information Section – GESTIS, Institute for Occupational Safety and Health of the DGUV (IFA), in his presentation. According to him, the check will also be adapted to the upcoming new Hazardous Substances Ordinance as soon as it comes into force.
Small companies in particular find it difficult to offer their employees suitable occupational health care, said Dr. Lothar Neumeister, Consultant at the Hazardous Substances Competence Centre, BG ETEM – Berufsgenossenschaft Energie Textil Elektro Medienerzeugnisse in his presentation. The hazardous substance check offers support in this regard. It also makes it easier to create an exposure register, which can then be archived in the Central Exposure Database (ZED). Such a register shows which hazardous substances employees have been exposed to in their job.
In his presentation, graduate chemist Rainer Dörr emphasized that exposure to different substances on a construction site can be considerable. He works in the Department of Prevention – Hazardous Substances Division, BG BAU – German Social Accident Insurance Institution for the construction industry and hopes that the hazardous substance check will lead to more protective measures and additional practical aids offered by BG Bau being used in future.
Messe Düsseldorf provides a white paper on the Expert Talk. The next Expert Talk on the topic of sustainability will start on June 20, 2023, 10 to 11 a.m. Further information can be found on the Messe Düsseldorf website.
You can download the speakers’ presentations here:
Lecture by Dr. Hans-Peter Fröhlich
https://www.basi.de/wp-content/uploads/2023/05/Krebserzeugende-Gefahrstoffe-im-Arbeitsleben-Das-BK-geschehen-von-krebserzeugenden-Gefahrstoffen-Dr.-Froehlich.pdf
Carcinogenic hazardous substances in working life – The incidence of occupational diseases caused by carcinogenic hazardous substances
Lecture by Dr. Alexander Schneider
www.basi.de/wp-content/uploads/2023/05/Der-GDA-Gefahrstoff-Check-Dr.-Schneider.pdf
Lecture by Dr. Lothar Neumeister
https://www.basi.de/wp-content/uploads/2023/05/Der-Gefahrstoff-Check-Baustein-7-Vorsorge-Sifa-Dr.-Neumeister.pdf
What help does the GDA Hazardous Substances Check provide for correct occupational health screening?
Presentation by Mr. Dipl.-Chem. Rainer Dörr
https://www.basi.de/wp-content/uploads/2023/05/Krebserzeugende-Gefahrstoffe-in-der-Bauwirtschaft-Dipl.Chem_.-Rainer-Doerr.pdf
The questions from the chat are answered here:
How is the difference between carcinogenic and cancer-causing defined?
In colloquial language, the terms are often used synonymously.
European legislation on hazardous substances refers to carcinogenic substances (carcinogens). A substance or mixture that can cause cancer or increase the incidence of cancer is considered a carcinogen (Regulation (EC) No. 1272/2008 (CLP)). In the German Hazardous Substances Ordinance, the term carcinogen is defined and expanded in Section 2 (3) (substances and activities of TRGS 905 and 906).
Although the GefStoffV has otherwise adopted the names of the EU hazardous substances legislation, the term carcinogenesis has been retained.
There was criticism in Germany that it should be called carcinogens (instead of carcinogens), as there are other malignant cancers in addition to carcinomas (e.g. sarcomas, lymphomas).
The term carcinogenic is not used in German legislation on hazardous substances.
What about isocyanates? Are they suspected of causing cancer?
Diisocyanates are an important class of substances in various industries. On the one hand, they are of great industrial importance in the production of polyurethanes and (PU)-containing materials (foams, adhesives and coatings) and cannot easily be replaced by less hazardous substances. On the other hand, they have a sensitizing effect and can lead to occupational respiratory and skin diseases. In Germany, around 100 reports of suspected respiratory diseases caused by isocyanates (BK No. 1315) are made every year, of which between 20 and 40 cases are recognized as occupational diseases. Some representatives of this substance class (MDI, TDI) are suspected of having a carcinogenic effect. However, they have not yet been classified as carcinogenic.
Due to their ability to trigger allergies, additional requirements will apply from 2023. The possible sensitization of the respiratory tract led to a European restriction on the use of isocyanates. The restriction states that from August 2023, users must have successfully completed a training course on safe use before processing. The manufacturer must provide the necessary training documents.
Further information is available from BG BAU:
Asbestos is an issue that is already very well known. What is the situation with nanomaterials? There are already signs that it has similarities with asbestos.
The term nano only defines an order of magnitude – 1 nanometer is one billionth of a meter. However, nano is not a hazardous substance property. Size is not the only decisive factor when assessing whether a substance is carcinogenic. Asbestos fibers or quartz dusts can be in the nano range, but they are also very bio-resistant and therefore cannot be broken down in the lungs.
Protective measures for ultrafine aerosols and nanoparticles in the workplace
https://www.dguv.de/ifa/fachinfos/nanopartikel-am-arbeitsplatz/schutzmassnahmen/index.jsp
BG BAU on nanomaterials
https://www.bgbau.de/themen/sicherheit-und-gesundheit/gefahrstoffe/gefahrstoffe-beim-bauen-renovieren-und-reinigen/nanomaterialien
Where is asbestos mined and where is it still used? Is it immediately dangerous or only after processing?
In Russia, Kazakhstan and China, but also in Brazil, Zimbabwe and several other countries. Canada shut down its asbestos mines in 2012.
Inhaling asbestos fibers is harmful to health. On the one hand, it can lead to dust lung disease. In the longer term, various types of cancer are possible. The inhalable dusts (fibers), which are increasingly released during processing, are dangerous.
The use of asbestos has been banned in Germany since 1993. Asbestos may no longer be used in the EU. Today, this is regulated in Regulation (EC) No. 1907/2006 (REACH Regulation) in Annex XVII “Restrictions on the manufacture, placing on the market and use of certain dangerous substances, mixtures and articles”. Entry no. 6 contains the EU-wide restrictions on the manufacture, placing on the market and use of asbestos fibers and articles containing asbestos.
What happens to this peak if the markets mix, i.e. employees from other countries where the issue is not treated as strictly as in Germany work in Germany and fall ill here? Are these cases also taken into account in the overview? In other words, is the issue also addressed globally or only in Germany?
If employees work in Germany and are insured, an occupational disease assessment is carried out in the event of illness. If this includes cases of cancer, these are recorded statistically.
If employees are posted to Germany from another EU country (up to 24 months), they generally remain covered by social insurance in their home country. Illnesses are then not recorded statistically in Germany.
Most self-employed persons and entrepreneurs are not covered by accident insurance. This also applies to sole traders (Ich-AG). However, they can voluntarily insure themselves against the consequences of an accident at work or an occupational illness under statutory accident insurance. Cancer is only covered for insured persons.
The issue of KEGS is being addressed in Europe:
Roadmap – Roadmap on Carcinogens
USA: Home | Occupational Safety and Health Administration (osha.gov)
As the persons insured in Germany generally also work in Germany, the exposures also originate from Germany. Persons who work abroad for a limited period of time remain covered by statutory accident insurance in Germany. If, in the event of an illness, a report of a suspected occupational disease is made, the periods of exposure are recorded during the investigation. This also includes insured periods abroad.
Instructions are given. Bio monitoring by company doctor. Employees have understood this. Nevertheless, eating and drinking takes place at the workplace when handling carcinogenic substances. Recurring instructions are given due to employee misconduct. What is the next course of action for employees who are resistant to advice? Warning, 2nd warning, dismissal?
If eating and drinking are prohibited at the workplace, suitable break and social areas for eating must also be available within easy reach. If an employee violates these regulations and thereby endangers themselves and/or other employees, they are in breach of their contractual obligations. In extreme cases, this breach of duty may even result in termination without notice. However, this sanction becomes difficult if there are no checks, if violations are tacitly tolerated or not sanctioned.
What about contaminated sites, such as lead or chrome-contaminated old coatings on buildings, etc.? What about the removal of old coatings, e.g. lead?
In the case of chromate-containing coatings, this is a carcinogenic activity. TRGS 561 Activities involving carcinogenic metals and their compounds must be observed. An exposure register must be kept as the risk is not expected to be low when removing an old coating containing chromate.
Lead and lead dusts are not classified as carcinogenic. TRGS 505 Lead must be observed. No exposure inventory is required there.
It is to be expected that the next amendment to the Hazardous Substances Ordinance will result in the obligation to keep an exposure register for substances hazardous to reproduction (e.g. lead) (retention obligation 5 years).
Is it certain that only oak and beech are carcinogenic or are so-called softwoods also under suspicion?
Hardwood dusts are considered carcinogenic.
Hardwoods are e.g. oak and beech, but also various other woods such as mahogany, teak, birch or maple. A – non-exhaustive – list of some hardwood species is published in TRGS 906 “List of carcinogenic activities or processes” in Annex 1.
The employer must keep an exposure register for employees who are exposed to hardwood dust or mixed dust containing hardwood (mixture of hardwood and softwood dust) and who pose a risk to health or safety in accordance with Section 14 (3) GefStoffV.
Further specific information can be found in TRGS 553 Wood dust.
How can you prove burdens in later life, or how can you blame them on the employment relationship?
Difficult question. Various DGUV reports describe activities and specify certain measured values (e.g. 90-percentile values).
These reports may well describe an exposure situation.
Also recommended:
Will there be a timely adaptation of the GDA Hazardous Substances Check if the forthcoming new GefStoffV requires this?
Yes, the check will be adapted when the GefStoffV changes.
How can the exposure level be recorded during outdoor activities, e.g. welding fumes during activities on demolition sites?
Outdoor measurements are very difficult. The only way to assess and select protective measures here is with worst-case considerations.
Regardless of the associated BG, is this tool accessible to all AGs?
Yes, the check is accessible to everyone.
How long does a company (e.g. with 10 employees, roofers) need to process the hazardous substance check?
About 90 minutes.
Can several employees (teams) work on an online check tool?
No. There is no registration or similar, which is why it cannot be assigned to other devices. Employees can therefore only edit it individually in their browser.
To what extent is there a connection to the BGRCI’s GisChem?
GisChem is linked to the various practical aids in the check.
What do you or the tool think about the so-called passive storage in the trade of H-phrases 350 etc.?
So-called passive storage is not mentioned in TRGS 510 (Storage of hazardous substances in transportable containers).
Storage see Table 1 of TRGS 510
Further information can be found in:
DGUV Information 213-084 Storage of hazardous substances
DGUV Information 213-085 Storage – Answers to frequently asked questions
https://downloadcenter.bgrci.de/shop/?query=Lagerung&field=stichwort
For example, is there a specific risk assessment as a sample?
A risk assessment must be carried out in relation to the activity.
The key steps are defining the activity, identifying and assessing the hazards and defining and implementing the specific occupational health and safety measures.
The depth and approach depend on the hazards identified.
It is therefore problematic to provide templates.
Is an app planned?
No. However, the check can also be displayed on mobile devices (mobile view)
Is there a possibility to create a GBU in “general” for hazardous substances of daily use (cleaning agents) or do you have to create a separate GBU for each individual hazardous substance?
In the WINGIS program of BG BAU you will find product groups for cleaning agents and also collective operating instructions for diluted application solutions.
TRGS 555 also allows the creation of group or collective operating instructions. The prerequisite is that similar hazards exist for activities involving these substances and comparable protective measures apply. As a risk assessment should be carried out on an activity-related basis, a risk assessment relating to an individual substance is not desired.
How do you get the measuring devices?
Only certified measuring bodies can carry out valid measurements. In-house measurements to assess the workplace situation are generally only indicative.
The accident insurance institutions have carried out measurements in various areas.
See also : https://www.dguv.de/ifa%3B/praxishilfen/praxishilfen-gefahrstoffe/index.jsp
The evaluations of numerous measurements are included, for example, in reports provided by the IFA.
Example: Dust report, where various dust workplaces are described and measured values (90 percentile values) are given
Does it even make sense to measure outdoors because the conditions (wind, rain) fluctuate constantly and are not reproducible?
Correct. The conditions should be representative. It would also be nice if measurements were carried out more frequently. However, this is also a question of cost.
Often such exposures are also not really tangible… or require measurement with every use
Difficult question. A measurement should be representative. I can’t judge it, only PPE can possibly protect the substance.
Does the hazardous substance check also apply to pharmacies and other healthcare facilities where small quantities of protective equipment are handled?
The G-Check is an aid that you are welcome to use. The check can supplement your risk assessment or point out other aspects.
Further information can be found at the BGW:
What must be observed with regard to hazardous substances classified as carcinogenic at a later date in relation to the exposure register? Are activities from the past also to be listed?
Substances/exposures must (!) only be recorded from the time of legal classification. However, it can (!) also be documented in the past.
Members of the German Armed Forces may be reported to the ODIN Bw. Are there any other organizational services in addition to the DGUV ODIN in which public service employees – e.g. from the BMAS, BMI etc. – are registered?
ODIN and GVS are basically reporting portals of the commercial BGs, which other institutions have joined voluntarily. We have no information on whether the German armed forces or federal authorities have joined this system. It is best to ask ODIN or GVS directly.
What is the link to the SVHC candidate list or the EU hazardous substances regulations?
The GDA and the Hazardous Substances Check focus on certain substances.
Of course, appropriate protection must also be provided for other carcinogenic substances when working with them. Substances on the candidate list of substances of very high concern (SVHC) are under observation, but are generally not (yet) considered carcinogenic. They may also be on the candidate list due to other properties. Therefore, an exposure inventory does not have to be kept for them.
Does an exposure register generally have to be kept or does it depend on the level of exposure?
It depends on the level of exposure. The risk must be more than low for inclusion in the exposure register to be mandatory.
Does the exact exposure level have to be stated in the exposure register? Or is the statement about the activities with the substance sufficient?
Ideally, the height should be indicated. This is also required by the GefStoffV. However, if no height is known, a list must still be kept and the height is then not specified.
Who should draw up the exposure register in a company? I would see this as the task of the company doctor, as he has the technical expertise
Responsibility lies with the employer, who can of course delegate tasks. Unfortunately, there is no blueprint here, as company structures vary greatly. But there should always be expert personnel.
Does this mean that precautionary measures are necessary even if all PPE is used?
The use of personal protective equipment (PPE) does not exempt the employer from taking appropriate occupational health precautions based on the risk assessment. In a completely closed system, the original risk from the hazardous substances would no longer apply. However, this is not the case when using PPE, as the exposure depends on the correct cooperation of the user. Incorrect behavior and errors during use cannot be ruled out.
Where exactly did it say that there must be mandatory precautions if skin contact cannot be ruled out?
For example, in the ArbMedVV, Annex on compulsory and optional occupational medical care, Part 1: Compulsory care with certain carcinogenic substances if the hazardous substance is skin-resorptive and a health risk from skin contact cannot be ruled out.
A suitable practical aid for occupational health ‘precautions’ would be the annex to the ArbMedVV rather than the DGUV ‘recommendations’ for occupational health consultations and examinations.
The DGUV recommendations for occupational medical consultations and examinations are recommendations for occupational physicians to fulfill their tasks. They therefore require extensive medical expertise.
Must an exposure register also be kept for substances classified in this way (H351: Suspected of causing cancer)?
No, the exposure register must only be kept for category 1A and 1B substances, marked with H350 or H340.
More detailed information can be found in section 1 of TRGS 410 Exposure register for hazards to carcinogenic or germ cell mutagenic hazardous substances of categories 1A or 1B.
Glass/carbon fibers and fiber-reinforced plastics: do these substances also fall under “carcinogenic substances”, as they also have a fibrous structure? inorganic fiber dusts (except asbestos) are assessed in TRGS 905 Section 2.3 with regard to their carcinogenic effect. The prerequisite is always that WHO fibers occur. Paragraph 7 states that all inorganic types of WHO fibers not explicitly listed there are to be classified as carcinogenic category 2.
If I am not to be guided by limit values, do I also have to include substances that are not currently classified as A1 or 1B?
No, only category 1 A/B substances must be included in the exposure register. You do not currently have to include substances suspected of causing cancer. However, there is no reason why these substances should not be included. Until a few years ago, formaldehyde was classified as a suspected carcinogen, but now it is a carcinogen.
How should the exposure register be carried out for low-exposure asbestos work?
Asbestos is a carcinogenic hazardous substance and the exposure register must be kept in accordance with the Hazardous Substances Ordinance and TRGS 410.
Low-exposure activities are low-risk work within the meaning of TRGS 910 in which the acceptance concentration is below 10,000 fibers/m³. According to TRGS 410, an exposure register must be kept if the mean shift value exceeds the acceptance concentration. This means that the exposure register does not have to be kept for activities with low exposure in accordance with TRGS 519.
For precautionary reasons, an exposure register should nevertheless be kept, as there are discussions about lowering the acceptance concentration. In this way, exposure times can be secured for the future.
Did I understand correctly that the burden of proof for identifying occupational illnesses lies with the employee and not the employer? This means that keeping an exposure register would only be in the interests of the employee and not the employer.
The obligation to keep an exposure register lies with the employer according to the Hazardous Substances Ordinance. In the event of an employee contracting cancer, the information from the exposure register helps to assess whether it is an occupational disease. If this evidence cannot be clearly provided, which is often very difficult due to the long periods of time involved, the notification of an occupational disease is usually rejected. The exposure register helps to carry out a fair assessment in future cases.
If you don’t have a specialist in the company to carry out the risk assessment for hazardous substances, who or which consulting companies can you turn to, what do you have to search for on Google, for example?
It is best to ask your trade association. Many employers’ liability insurance associations have lists of safety-related services.
What security does the RAL quality mark give me in connection with mineral wool or KMF?
Fibers can be released when working with old mineral wool. According to TRGS 905 “List of carcinogenic, mutagenic or reprotoxic substances”, the fiber dusts released from “old” mineral wool must be classified as carcinogenic. “New” mineral wool insulation materials are not considered carcinogenic. In Germany, products marked with the RAL quality mark are available. When processing products marked with the RAL quality mark, only the minimum measures to protect employees from dusts in accordance with number 9 of TRGS 500 must be taken.
If I work on a construction site with an extraction system, do I still have to keep the register?
On construction sites, it must always be expected that the assessment benchmark for quartz dust of 0.05 mg/m³ will be exceeded. Although extraction systems can reduce dust exposure, an exposure register must be kept if there is insufficient information available to show that the level is below the assessment benchmark.
Summary of questions on laboratory activities
Q: How is the topic (activities with carcinogenic hazardous substances and exposure register) to be viewed in the laboratory area if all protective measures for laboratories are observed and only specialist personnel are employed?
What about in laboratories where no contact is actually assumed under normal handling?
Q: Our company maintains a software-based expo directory in which employees enter their use of CMR substances and the manager then approves them. Is this legally binding? Or are e.g. small quantities in the laboratory with full protective measures (fume hood, PPE) not subject to documentation?
F: TRGS 410 defines certain exceptions to inclusion in the exposure register, including laboratory activities with customary laboratory quantities.
What exactly is the interpretation here if quantities of less than one gram are used regularly? Where does the laboratory activity end?
A: Many years of experience show that limit values do not have to be expected to be exceeded in laboratories if work is carried out in accordance with the regulations and the rules of technology. TRGS 526 “Laboratories” and the guidelines for laboratories, now “Safe working in laboratories” (DGUV Information 213-850) are of particular importance here. This means that the resulting requirements must be implemented. Under these conditions, a personal exposure register does not have to be kept in accordance with TRGS 410 (section 4, paragraph 4, number 2).
However, if there is a dermal hazard due to skin contact with skin-resorptive carcinogenic hazardous substances according to the risk assessment in accordance with TRGS 401 or if chemical protective gloves must be worn as a necessary protective measure, the exposure register must be kept. If protective gloves are only worn as a precautionary splash guard or to prevent accidental contact, no exposure register is required for these activities.