REACH and occupational health and safety

Abstract

The EU legislation on Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) aims to improve the level of human health and environmental protection which has also implications for occupational health and safety. The authors describe their own subjective definition of ‘the ideal REACH world’ from an occupational point of view as a desirable but unobtainable goal. The practicability of proposed REACH instruments is discussed in relation to specific constraints imposed by the legal framework itself and by contravention against and misinterpretation of the law. This is based on their experiences from within a competent authority. The first years of REACH were characterised by learning-by-doing for all those involved in developing and implementing this legislation. All of the elements of the REACH process have been started and for occupational safety experts, the question arises whether these procedures improve the health and safety at the workplace. Although REACH delivers new benchmarks (e.g. derived no-effect levels (DNELs)) to substantiate risk assessment at the workplace many instruments still need improvement. The warranty of validity, usability and accessibility of the collected data as well as the thorough description of safe uses (in eSDS) in the whole supply chain will be great challenges in the next years. Additionally, although the candidate list is one of the most promising tools by driving the process of substitution, the prioritisation is not efficient to improve occupational health and safety. The legislation cannot deliver on all of the expectations met in ‘the ideal REACH world’ from an occupational point of view since it is necessary to also consider issues such as the principle of proportionality, the complexity of the legislation, competing objectives, and scientific limitations. It is early days for the REACH process; consequently, work practices, guidelines and legal decisions need to be further improved to achieve the required compliance. These changes will help to reduce problems associated with implementation and clarify interpretation of the legal text. Overall, the required outcomes from the REACH process can be achieved for the workplace with the will and support of those involved in implementing the relevant health and safety legislation.