ORDER OF THE MINISTRY OF EMERGENCY SITUATIONS OF UKRAINE

of March 22, 2012 No. 627

About approval of Requirements to employers concerning protection of workers against adverse effect of chemicals

1. Approve Requirements to employers concerning protection of workers against adverse effect of chemicals which are applied.

2. To public service of mountain supervision and industrial safety of Ukraine (Hokhotva O. I.):

2.1. In accordance with the established procedure to provide provision of this order on state registration in the Ministry of Justice of Ukraine.

2.2. In accordance with the established procedure to enter the order in the State register of regulatory legal acts concerning labor protection.

3. This order becomes effective from the date of its official publication.

4. To impose control over the implementation of this order on the Chairman of Public service of mountain supervision and industrial safety of Ukraine Hokhotva O. I.

 

Minister

V. Baloha

IT IS APPROVED: Chairman State services of mountain supervision and industrial safety of Ukraine O. I. Hokhotva

Approved by the Order of the Ministry of emergency situations of Ukraine of March 22, 2012 No. 627

Requirements to employers concerning protection of workers against harmful effects of chemicals

І. Scope of application

1.1. These Requirements establish requirements to subjects of managing concerning protection of workers against danger to their health which exists or results from influence of the chemicals which are available or such which can be formed on workplace in the course of work with chemicals.

These Requirements establish also special requirements concerning protection of workers against harmful effect of heavy metals, and also benzene and its derivatives.

1.2. Action of these Requirements extends to all subjects of managing irrespective of pattern of ownership (further - subjects of managing) who are carrying out activities work-related with chemicals.

ІІ. Determination of terms

In these Requirements terms are used in such value:

maximum permissible maximum one-time concentration of chemical (further - Pdkr.z.m.R) - average for four 15-minute intervals of time of one working shift amount of chemical in one cubic meter of air of the working area of the worker;

maximum permissible srednesmenny concentration of chemical (further - Pdkr.z.s.z) - the amount of chemical, weighted average for 8-hour working shift, in cubic meter of air of the working area of the worker;

breath zone - space in radius up to 50 cm on behalf of the worker;

carcinogens - chemicals under the influence of which in human body there are dozozavisimy new growths;

class of safety of chemical - extent of possible effect of chemical on human body (1 class - extremely dangerous substance; 2 - highly hazardous; 3 - moderately dangerous; 4 - low-dangerous);

metals - conditionally generalizing name of chemicals with prevalence of metal properties which availability (and their connections) in the form of vapor or aerosol in air of the working area in certain concentration is capable to entail adverse effect on health of the person;

danger of chemical - property of chemical to entail adverse effect on the state of health of the person and his descendants;

benzene derivatives - chemical compounds in which hydrogen in molecule of C6H6 benzene is in parts or in full replaced with halogens, nitro - amino-, oksi-, gidroksi-and so forth groups;

registration number of substance according to CAS (Chemical Abstracts Service) number which is assigned to chemical according to requirements of International Union of Pure and Applied Chemistry (International Union of Pure and Applied of Chemistry);

work with chemicals - economic activity which at any production phase provides production, application, processing, storage, transportation, neutralization, utilization of chemicals, and also formation of new chemicals, as a result of conversion and as production by-products;

chemical - any chemical element or chemical compound in pure form or in mix with other substances of natural or artificial origin which is received specially or is formed in the course of economic activity, including in the form of by-products or production wastes;

harmful chemical - substance which in case of contact with organism of the worker causes damage, disease or variation in the state of health which can be diagnosed by modern methods of researches during working life, or during the remote periods of his life, or life of the subsequent generations.

ІІІ. Indicators of concentration of chemicals in air of the worker of zones

3.1. The normalized indicators of concentration of chemicals in air of the working area is maximum permissible maximum one-time concentration Pdkr.z.m.R and maximum permissible srednesmenny concentration Pdkr.z.s.z in air of the working area of the worker.

Respect for the specified threshold limit values on condition of duration of working shift of 8 hours and 40-hour business week shall not lead to variations in the state of health or diseases of the worker in the period of labor activity and during the next period of his life, and also shall not put adverse effect on health of descendants.

3.2. Concentration of chemical in air of the working area of the worker is measured in milligrams on one cubic meter of air with temperature of 20-°C with atmospheric pressure of 101,3 of kPa.

Accounting of changes of microclimate of the working area shall be performed according to Section 2 of the "General sanitary and hygienic requirements to air of the working area" approved and enacted by the resolution of the State committee of the USSR on standards of September 29, 1988 No. 3388 (GOST SSBT 12.1.005-88).

3.3. Maximum permissible values of the maximum one-time and srednesmenny concentration of harmful chemicals are determined "By all-union sanitary and hygienic and sanitary and anti-epidemic rules and regulations. The Threshold Limit Values (TLV) of hazardous substances in air of the working area", approved as the Chief state health officer of the Ministry of Health of the USSR on May 26, 1988 (further - CH 4617-88).

3.4. If workers during performance of works with chemicals during change are influenced by several harmful chemicals of the unidirectional action, consider total influence of all these substances. In this case the requirement shall be fulfilled:

where:

n - quantity of the hazardous substances of the unidirectional action which are available in air of the working area;

Ki - the measured value of concentration і - go substances in air of the working area;

PDKI - threshold limit value і - go substances in air of the working area.

If in air of the working area there are harmful chemicals of multidirectional action, the corresponding threshold limit values (daley - maximum allowable concentrations) remain same, as well as on condition of the isolated action of each of substances.

IV. General obligations of subjects of housekeeping concerning protection of workers against adverse effect of chemicals

1. Preventive measures

1.1. The subject of managing which performs activities according to Item 1.2 of the Section I of these Requirements shall determine before works availability or possibility of education or emergence of harmful chemicals on workplaces.

In case of availability or possibility of education or emergence of harmful chemicals it shall:

carry out state registration of chemicals and their connections which are made at the company, according to the Regulations on hygienic regulation and state registration of dangerous factors approved by the resolution of the Cabinet of Ministers of Ukraine of June 13, 1995 No. 420;

provide the specified products with material safety data sheets according to requirements of the standard "The material safety data sheet of substance (material). Basic provisions. Information on safety in case of production, application, storage, transportation, utilization", the State committee of Ukraine approved by the order concerning technical regulation and consumer policy of October 15, 2009 No. 376 "About provision of action in Ukraine to interstate standards, changes to interstate standards and cancellation of regulating documents" (to GOST 30333:2009) daleegst;

estimate the danger caused by influence of harmful chemicals.

Assessment of danger is carried out by the subject of managing on the basis:

provided by the supplier of the conclusion of Ukraine which is carried out by body of Gosgorpromnadzor of expertize on compliance to the regulatory legal acts on labor protection existing in the territory of Ukraine, material safety data sheets of chemical products according to GSTU state standard specification 30333:2009, of the conclusion of the state sanitary and epidemiologic examination concerning properties and degree of harm of chemical products, and also the performed security measures, the certificate of conformity of chemical products, according to the Laws of Ukraine "About confirmation of conformity", "About standards, technical regulations and assessment procedures of compliance";

threshold limit values of hazardous substances in air of the working area;

information on actions for safe work with chemicals in particular:

zvklyucheniye of medical inspections of workers which were performed in case of employment (preliminary), and periodic preventive which are carried out according to the Procedure for performing medical examinations of workers of certain categories approved by the order of the Ministry of Health of Ukraine of May 21, 2007 No. 246, registered in the Ministry of Justice of Ukraine on July 23, 2007 for No. 846/14113 (with changes);

results of certification of workplaces under the terms of work in the cases provided by the Procedure for carrying out certification of workplaces under the terms of work approved by the resolution of the Cabinet of Ministers of Ukraine of August 01, 1992 No. 442.

1.2. The subject of managing shall forbid application of work of women and minors at works with harmful chemicals, in particular with benzene and its derivatives, according to the List of hard work and works with harmful and dangerous working conditions on which application of work of women, by the approved order of the Ministry of Health of Ukraine of December 29, 1993 is forbidden to No. 256, registered in the Ministry of Justice of Ukraine on March 30, 1994 for No. 51/260, and the List of hard work and works with harmful and dangerous working conditions on which application of work of minors, by the approved order of the Ministry of Health of Ukraine of March 31, 1994 is forbidden to No. 46, registered in the Ministry of Justice of Ukraine on July 28, 1994 for No. 176/385.

1.3. The subject of managing shall provide the workers performing works with harmful chemicals, full range of privileges and compensations, the stipulated in Article 7 Laws of Ukraine "About labor protection" and also treatment-and-prophylactic food according to "The list of productions, professions and positions in which work grants the right to free receipt of treatment-and-prophylactic food in connection with especially harmful working conditions", the approved resolution of the State committee of the USSR concerning work and social problems and Presidium of the All-Union Central Council of Trade Unions of January 07, 1977 to No. 4/P-1 (further - "The list of productions"), "The list of chemicals during the work with which in the preventive purposes the use of milk or other equivalent foodstuff is recommended", the approved order of the Ministry of Health of the USSR of November 04, 1987 No. 4430-87, and requirements "About procedure for free issue of milk or other equivalent foodstuff to the workers and employees occupied at works with harmful working conditions" approved by Goskomtrud's resolution of the USSR and Presidium of the All-Union Central Council of Trade Unions of November 16, 1987 No. 731/P13 (further - NPAOP 0.00 4.36-87).

1.4. The subject of managing shall take measures for exception or reduction to minimum of adverse effect of chemicals in the way:

implementations of methods of conducting works which would not lead to excess of threshold limit values of harmful chemicals;

providing workers with means of collective protection (barriers, ventilation, sealing and so forth) and their effective use;

providing workers with necessary individual protection equipment according to the Regulations on procedure for providing workers with special clothes, special footwear and other individual protection equipment approved by the order of Gosgorpromnadzor of Ukraine of March 24, 2008 No. 53, registered in the Ministry of Justice of Ukraine on May 21, 2008 for No. 446/1 5137 (with changes), "To regulations of free issue of special clothes, special footwear and other individual protection equipment to workers of chemical productions (Part 1)", the approved order of Gosgorpromnadzor of Ukraine of September 07, 2004 No. 194, registered in the Ministry of Justice of Ukraine on October 26, 2004 for No. 1362/9961, and "To regulations of free issue of special clothes, special footwear and other individual protection equipment to workers of chemical productions. Part 2", the approved order of Gosgorpromnadzor of Ukraine of December 13, 2007 No. 305, registered in the Ministry of Justice of Ukraine on March 31, 2008 for No. 264/14955, and proper application by workers of these means;

reducings to minimum of number of workers who are exposed or can be subject to influence of harmful chemicals;

reducings to minimum of duration and intensity of influence of chemicals on workers;

implementation of necessary measures of personal hygiene;

reduction to the minimum necessary for performance of works, amount of chemicals on workplaces;

use of special devices for safe processing, storage, neutralization, disinfecting and movement within workplaces of harmful chemicals and waste which contain such substances;

replacements of engineering procedures in which use of harmful chemicals is provided with such processes during which are not applied and do not arise harmful chemicals (in the presence of such alternative processes).

1.5. If specifics of works do not give the chance to exclude danger by replacement of harmful chemicals or engineering procedures by safer, the subject of managing shall perform complex predokhranitelnyakh measures, proceeding from their following priority:

implementation of engineering procedures, planning solutions, organizational actions, the corresponding equipment and materials for the purpose of exception or decrease to minimum intake of harmful chemicals in air of the working area;

application near source of danger of means of collective protection, in particular creation of sufficient ventilation;

use of individual protection equipment if there is no opportunity to eliminate harmful effect of chemicals by means of actions and means about which there is a speech in the previous paragraphs of this Item;

development and deployment at the company of the instruction for practical application of precautionary measures and protective and means and control of observance of its provisions;

providing workers with first-aid kits with antidotes of chemicals;

observance of requirements of fire safety according to the Fire safety regulations in Ukraine approved by the order of the Ministry of Emergency Situations of Ukraine of October 19, 2004 No. 126, registered in the Ministry of Justice of Ukraine on November 04, 2004 for No. 1410/10009 (further - NAPB A.01.001-2004).

1.6. The subject of managing shall regularly with the frequency determined according to Items 4.2 and 4.3 of the "General sanitarnogigiyenichesky requirements to air of the working area" approved and enacted by the resolution of the State committee of the USSR on standards of September 29, 1988 No. 3388 (State standard specification 12.1.005-88 SSBT), and also vneocheredno in case of change of working conditions because of which influence of chemicals on workers can change organize carrying out additional measurement of concentration of harmful chemicals on workplaces and comparisons of results of measurements to threshold limit values which are specified in SN.4617-88. In case of excess of threshold limit values the subject of managing shall take immediately measures for reduction of situation in compliance with the maximum allowable concentration indicators determined in SN.4617-88.

1.7. In case of use, storage or transportation, at the company of incompatible, and also flammable, combustible or explosive chemicals or mixes the subject of managing shall take precautionary measures in the following procedure on their priority:

prevent origin on workplace of explosive concentration of flammable substances;

exclude availability of sources of ignition which could become cause of the fire or explosion;

exclude possibility of contact between incompatible chemicals;

exclude or as much as possible to reduce threat for safety and health of workers which can arise in case of flash or explosion because of ignition of flammable or combustible substances or as a result of formation of such chemicals or their mixes.

In storage time of flammable and combustible substances it is necessary to fulfill requirements of NAPB A.01.001-2004.

1.8. If engineering procedure provides storage, transportation, use, education or neutralization of flammable, combustible or explosive substances or mixes, equipment which is used in this process, shall meet the requirements of the Technical regulation of the equipment and the protective systems intended for the application in potentially explosive environment approved by the resolution of the Cabinet of Ministers of Ukraine of October 08, 2008 No. 898.

1.9. The subject of managing shall provide marking of the production and storage facilities, containers, pipelines and means of the in-plant transport intended for storage or transportation of hazardous or dangerous chemicals according to the Technical regulation of signs of safety and protection of health of workers approved by the resolution of the Cabinet of Ministers of Ukraine of November 25, 2009 No. 1262.

2. Prevention of accidents, accidents and emergencies and liquidation of their consequences

2.1. The subject of managing shall organize development and deployment at the company of the actions plan on case of emergence of accidents according to the Procedure for conducting investigation and accounting of accidents, occupational diseases and accidents on production approved by the resolution of the Cabinet of Ministers of Ukraine of November 30, 2011 No. 1232, and the plan of localization and liquidation of emergencies and accidents according to the Provision concerning plan development of localization and liquidation of emergencies and accidents approved by the order of Committee on supervision of labor protection of Ukraine of the Ministry of Labour and Social Policy of Ukraine of June 17, 1999 No. 112, registered in the Ministry of Justice of Ukraine on June 30, 1999 for No. 424/3717 (NPAOP 0.00-4.33-99).

2.2. During implementation of actions for mitigation of consequences of accidents and emergencies the subject of managing shall fulfill requirements of NAPB A.01.001-2004 and provide accomplishment of the actions provided by Rules of technogenic safety in the sphere of civil protection at the companies, in the organizations, organizations and in the dangerous territories, approved by the order the Ministry of Emergency Situations of August 15, 2007 No. 557, registered in the Ministry of Justice of Ukraine on September 03, 2007 for No. 1006/14273.

3. Informing and training of workers

3.1. The subject of managing shall provide informing the worker on receipt about working conditions according to article 5 of the Law of Ukraine "About labor protection", and also is in addition relative:

results of certification of workplace of the worker;

availability or possibility in operating time of hazardous and/or dangerous chemicals, degree of their health hazard, threshold limit values of these substances;

changes of these indicators in case of changes in technology, the organization of works;

contents of designations on equipment, containers and pipelines;

the privileges and compensations provided for the worker who works at this workplace.

3.2. The subject of managing shall provide:

hygienic training of workers according to the Law of Ukraine "About ensuring sanitary and epidemic wellbeing of the population";

training of workers of rather precautionary measures necessary for barrier of and other workers according to the Standard regulations on procedure for carrying out training and examination concerning labor protection approved by the order of the State committee of Ukraine on supervision of labor protection of January 26, 2005 No. 15, registered in the Ministry of Justice of Ukraine on February 15, 2005 for No. 231/10511 (NPAOP 0.00-4.12-05), in particular concerning ability to give first aid in case of injuring of workers or in case of approach of sharp professional poisonings.

3.3. Information which is provided to workers during their instructing and study shall be the latest, be based on results of measurements of concentration of chemicals on workplaces, medical examinations taking into account change of engineering procedures and working conditions if such changes took place.

4. Control of the state of health of workers

4.1. Control of the state of health of workers is exercised during performing medical examinations according to the Procedure for performing medical examinations of workers of certain categories approved by the order of the Ministry of Health of Ukraine of May 21, 2007 No. 246, registered in the Ministry of Justice of Ukraine on July 23, 2007 for No. 846/14113.

4.2. The employer shall provide that procedures of researches which are performed during surveys did not create additional adverse effect on workers.

4.3. If during medical examination the disease or deterioration in the state of health of the certain worker caused by influence of harmful chemical or excess of threshold limit value on workplace is revealed, the employer based on the conclusions of medical examination shall:

organize accomplishment of recommendations of the health worker;

review the actions intended for elimination or reduction of danger, determined in Item 1.4 of Chapter 1 of the Section IV of these Requirements;

take the measures directed to elimination or reduction of danger including transfer of the worker to alternative workplace where there is no danger of repeated subjection to influence of harmful chemical;

organize physical examinations of all workers which underwent to influence of harmful chemical.

4.4. Records about results of medical examinations of workers and about concentration of chemicals on workplaces including in case of liquidation of the company, are subject to storage according to the List of standard documents which are formed in activities of public authorities and local self-government, other companies, organizations and organizations, with indication of storage durations of documents, the approved order of the Head archival department under the Cabinet of Ministers of Ukraine of July 20, 1998 No. 41, registered in the Ministry of Justice of Ukraine on September 17, 1998 for No. 576/3016.

V. Precautionary measures during the treatment of metals and their connections

5.1. The list of chemicals with prevalence of metal properties and their connections which harm is proved by scientific research is given in appendix 1 to these Requirements.

5.2. The specific features of harmful effect of heavy metals and their connections given in appendix 2 to these Requirements shall be considered in operating time with these substances.

5.3. In case of performance of works with substances which are cancerogenic the subject of managing shall take the precautionary measures provided by the Hygienic standard rate "The list of substances, products, production processes, household and natural factors, cancerogenic for the person", the approved order of the Ministry of Health of Ukraine of January 13, 2006 No. 7, registered in the Ministry of Justice of Ukraine on February 06, 2006 for No. 100/11974 (further - GN 1.1.2.123-2006).

5.4. In case of performance of works with substances which are carried to industrial allergens the subject of managing shall provide accomplishment of actions of the sanitary and hygienic and treatment-and-prophylactic direction according to the hygienic standard rate "The list of industrial allergens" approved by the order of the Ministry of Health of Ukraine of March 02, 2007 No. 99, registered in the Ministry of Justice of Ukraine on March 28, 2007 for No. 285/13552 (further - GN 1.1.2.140-2007).

VІ. Precautionary measures during the treatment of benzene and its derivatives

6.1. Specific features of harmful effect of benzene and its derivatives are given in appendix of 3 of these Requirements it is necessary to consider in operating time with these substances.

6.2. In case of performance of works with the substances carried to cancerogenic (benzene, benz (and) pyrene, benz (and) anthracene (tetrahair dryer), dibenz (and, h) anthracene and 7,8-styrene oxide), it is necessary to take the precautionary measures provided by GN 1.1.2.123-2006.

6.3. In case of performance of works with substances which require special events for protection of skin and eyes the subject of managing shall provide workers with necessary overalls, eye protections, and also not to allow excess of the maximum permissible levels of pollution of skin by such substances specified in appendix 4 to these Requirements.

6.4. In case of performance of works with the substances carried to industrial allergens according to GN 1.1.2.140-2007, the subject of managing shall provide accomplishment of actions of the sanitary and hygienic and lechebnoprofilaktichesky direction.

 

Appendix 1

to Requirements to employers concerning protection of workers against adverse effect of chemicals

The list of chemicals with prevalence of metal properties and their connections which harm is proved by scientific research

 

 

Appendix 2

to Requirements to employers concerning protection of workers against adverse effect of chemicals

Specific features of harmful effect of heavy metals and their connections