Survey on OSH-REACH enforcement interactions

The Forum Working Group ‘Survey on OSH-REACH Enforcement Interactions’ was established at the Forum-31 plenary meeting. The Working Group (WG) prepared a survey on OSH-REACH enforcement interactions, collected the responses and prepared the report following the Forum34 plenary meeting.

The survey aimed to check how national occupational safety and health (OSH) and REACH enforcement inspectors interact with one another in checking compliance under their respective legislation. This was achieved by identifying areas where cooperation occurs between REACH and OSH enforcement authorities, and areas where the respective duties of OSH and REACH are checked separately.

Within the scope of this survey, OSH inspectors are defined as those responsible for enforcing both the Chemical Agents Directive (98/24/EC (CAD)) and the Carcinogens or Mutagens at Work Directive (2004/37/EC (CMD)) whereas REACH inspectors enforce the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH Regulation (EC) No. 1907/2006).

All 31 countries of the EU and EEA1 responded to the survey. The results clearly show the areas of divided responsibility for enforcement between REACH and OSH inspectors as well as areas where both cooperate and share responsibilities. Responsibility for enforcing the provisions related to requirements for chemical safety assessments (CSAs) and strictly controlled conditions (SCCs) lies mainly with REACH inspectors.

As expected, OSH inspectors are the primary enforcers of the relevant provisions relating to workplace risk assessments under CAD and CMD and compliance with occupational exposure limit (OEL) values under OSH at the workplace.

Link to the Survey on OSH-REACH enforcement interactions