Last Updated on October 2, 2024
On 26 September 2024, Legislative Decree No. 135 of 4 September 2024 was published, implementing Directive (EU) 2022/431 on the protection of workers from the risks arising from exposure to carcinogens, mutagens, and reproductive toxicants in the workplace.
The aim of this decree is to expand the definition of hazardous agents to include, in addition to carcinogens and mutagens, substances toxic to reproduction. Protecting workers is a key priority to prevent potential health damage and to ensure the well-being of both those directly affected and future generations.
Specifically, the decree introduces amendments to the Consolidated Law on health and safety at work (Legislative Decree No. 81/2008), with a focus on:
- Distinguishing between “non-threshold” reproductive toxic substances, for which no permissible limit is set, and “threshold” substances, for which new occupational exposure limit values are introduced (i.e., the concentration levels of the agent in the air in the workplace);
- Introducing biological limit values (i.e., the levels of agent absorption in the worker’s body measurable through exhaled air, urine, or blood tests), currently provided only for chemical agents (lead and diisocyanates), also for carcinogens and mutagens, given their recognized toxicity during reproductive age;
- Imposing specific obligations on employers, such as avoiding or reducing the use of these substances, updating risk assessments, regularly informing and training exposed workers, and subjecting them to health surveillance. Additionally, companies are required to retain for at least five years after the cessation of any activity involving exposure to harmful agents the company documentation (exposure registers and medical records) containing the relevant data.
The decree, by reducing the risk of occupational diseases and strengthening the protection of workers during reproductive age and maternity, fits seamlessly into the growth strategy of European countries aimed at at pursuing objectives with environmental, social, and governance (ESG) impact.
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