On 1 January 2007, a new – or rather, modified – OEL system was introduced in the Netherlands. As the new system incorporates a number of OELs from the old system that are of use in the private domain (i.e., in industry), an explanation of the old OEL system is available here.
Based on private OELs
The new OEL system is based on private OELs, i.e., OELs that are set by individual companies themselves. More than ever before, employers and employees are responsible for dealing safely with substances in the workplace. This means that they must now together establish OELs to prevent damage to the health of workers as a result of exposure to particular substances.
Public OELs
In addition to these private OELs, the Ministry of Social Affairs and Employment sets public (i.e., statutory) OELS for the following substances:
- Substances for which the EU requires limit values (in practice, these are Binding Limit Values and Indicative Limit Values).
- Substances for which it is not expected that the EU will require a limit. This group comprises substances ‘without owners’ and substances with a high chance of causing damage to health (high-risk substances), including those for which the government deems it necessary to establish a public limit.
Public OELs are listed in Appendix XIII of the Working Conditions Regulations. Appendix XIIIA covers non-carcinogens, and Appendix XIIIB carcinogens. The first list of public OELs was published in the Government Gazette (Staatscourant) of 28 December 2006, no. 252 (Appendices XIIIA and XIIIB of the new, revised Working Conditions Regulations).
Health-based OELs
In principle, all OELs within the new system (i.e., both private and public OELs) are health-based OELs, with the exception of OELs for carcinogenic and mutagenic substances for which no safe health-based OEL can be established. These substances will continue to be subject to feasibility tests and the results of the tests will play an important role in establishing OEL levels.
Obligations/enforcement
In the framework of a Risk Inventory and Evaluation (RIE), for all substances companies must assess the extent to which they comply with the health-based OEL. If they do not comply, they must draw up a plan of approach to meet the OEL. This plan must include an overview of the measures to be taken and a schedule for these.
Withdrawn statutory and administrative OELs
Provided they are health-based OELs, all statutory and administrative OELS established before 1 January 2007 that are not included in the list of public OELs can used as the basis for establishing private OELs.
Procedure for setting public OELs as of 1 January 2007
Substances are divided into three categories:
- ‘Normal’ health-damaging substances (i.e., non-carcinogenic substances) for which a safe threshold can be established;
- Carcinogenic and mutagenic substances with a safe threshold;
- Carcinogenic and mutagenic substances without a safe threshold.
Only for substances in category (3) is an OEL established partly on the basis of the results of a feasibility test.
Substances with a safe threshold
A public (i.e., statutory) OEL is established on the basis of:
- An ILV or BLV set by the European Commission. These are usually based on the recommendations of the Scientific Committee on Occupational Exposure Limits (SCOEL). ILVs are incorporated in directives that require EU member states to establish a national OEL for those substances for which an ILV has been set. These national OELs may differ from the ILV;
- A report by the Dutch Health Council. The Ministry of Social Affairs and Employment creates a Working Programme for this, and issues a request for advice to the SER’s Working Conditions Committee. The Ministry’s current position is that a statutory OEL can only be established once the Health Council has made a recommendation.
Carcinogenic and mutagenic substances without a safe threshold
To date, this category concerns substances for which a national Working Programme has been established (see above). The Ministry of Social Affairs and Employment asks the Health Council to establish exposure levels for these substances on the basis of risk limits. These risk limits are based on what is considered as a ‘prohibitive risk level’ (i.e. prohibiting an additional risk of cancer higher than 10-4 per substance per year) and as the ‘target risk level’ of concentration (i.e., one extra fatality per year as a result of cancer per 1 million employees exposed to the substance). Below this target risk level, no additional protective measures need to be taken.
The SER’s OEL Subcommittee evaluates the feasibility of implementing a statutory OEL at the target level and advises the Ministry on this. In addition to central employers’ and employees’ organisations, the Subcommittee involves trade organisations in these feasibility tests. These organisations are invited to register their interest in contributing to feasibility tests for certain substances. Occupational Health & Safety Services are invited to indicate the substances about which they would like to be kept informed.
To gather information from companies about the feasibility of the implementation of a statutory OEL for a carcinogenic or mutagenic substance without a safe threshold, a form has been developed, which can be downloaded here (in Dutch). A suggested report structure has also been developed for trade organisations, and can be downloaded here (in Dutch).
The results of the feasibility test may lead to a higher OEL being set. In principle, this higher OEL will be evaluated by the Subcommittee every four years, with the aim of determining whether it is feasible to lower the OEL further, with the ultimate aim of reaching the target risk level.
Responsibilities of the OEL Subcommittee
The OEL Subcommittee is responsible for:
- Advising on the implementation of OELS for carcinogenic and mutagenic substances without a safe threshold, based on the results of a feasibility test. This includes advising every four years on whether the OEL can be lowered towards the target risk level;
- Informing trade organisations (and Occupational Health & Safety Services) about developments concerning OELs in the public domain, including the draft report of the Health Council (openbare conceptrapport, OCR) and SCOEL, the final report of the Health Council and SCOEL, the Working Programme of the Ministry of Social Affairs and Employment and SCOEL, changes and/or developments abroad, and measurement methods;
- Managing the OEL databank, which gives interested parties access to information about current OELs, feasibility tests, the recommendations of the OEL Subcommittee, and more;
- Supervising the development of guidelines on how to work responsibly with chemical substances in the workplace (development of a digital tool);
- Drawing up and maintaining OELs for EU member states and relevant other countries, and making these OELs freely accessible to trade organisations and other interested parties via the OEL databank.
Activities of the OEL Subcommittee
First, the OEL Subcommittee informs industry sectors and Occupational Health & Safety Services about developments concerning OELs, providing them with information about the draft and final reports of the Health Council and SCOEL. The focus here is on the development of public OELs and changes to the comparative overview of OELs.
Second, the Subcommittee carries out feasibility tests for proposed public (i.e., statutory) OELS for carcinogenic and mutagenic substances without a safe threshold. The current system of inviting parties to register their interest in contributing to feasibility tests for proposed OELs still applies: sectors indicate the substances for which they would like to be involved, or for which they would like to be kept up to date of developments.
Third, the Subcommittee keeps the OEL databank (and, of course, the comparative overview of OELs) up to date. Information about national and international developments is published in the Newsroom.