Article 222 of the Labour Code has expanded worker protection to include reprotoxic substances, i.e. substances capable of causing infertility, miscarriage or fetal developmental defects. Work is underway to issue secondary legislation imposing new duties on employers.

In accordance with the new law, employers should strive to replace reprotoxins with substances that are less harmful to health. If this is impossible, the given substance must be produced and used in a closed system. Only where substitution and closed circulation is technically unfeasible may the employer resort to prevention measures to limit exposure.

The employers will have to:

1. make sure reprotoxic substances are included in the investigation and measurement of workplace factors that are harmful to health;
2. analyse the nature, degree and duration of worker exposure to health risks;
3. make a health and safety risk assessment and establish measures to be taken to eliminate or reduce the risks;
4. register jobs involving exposure to reprotoxic substances and register workers employed to do those jobs, and keep these records for 40 years after the end of exposure;
5. make sure State Labour Inspection has access to information about business operations or industrial processes that use reprotoxic substances and about the number of workers exposed, the preventative measures taken, and the protective equipment used;
6. make sure those working under exposure are notified about:
   • any containers, packages and installations containing reprotoxic substances and about the related labelling and warning requirements;
   • the hygiene requirements to be satisfied to limit exposure to reprotoxic substances;
   • the need to use personal protection equipment and to keep everyday and protective clothing at different places;
   • the need to duly clean and store protective equipment, and to replace or repair it if damaged;
   • the steps taken to prevent incidents and those to be taken by workers during rescue actions or incidents;
7. ensure exposed workers receive training about health risks resulting from the safety and health assessment, including the additional risks due to smoking tobacco, and about precautions to be taken to limit exposure;
8. consult with workers' representatives about the design and implementation of any measures to prevent exposure to reprotoxic substances.

Find more in the PRO HR July 2024.