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What it regulates
Approves ITC 02.0.02 to prevent pneumoconiosis and other occupational respiratory diseases caused by inorganic dust, with particular attention to silicosis and lung cancer from respirable crystalline silica. It brings together mining rules previously spread across different ITCs and connects assessment, measurement, exposure reduction, hygiene, respiratory protection, health surveillance and records. It applies alongside Royal Decrees 665/1997 and 374/2001, preserving the ITC’s more stringent or specific provisions.
Who it applies to
Spain. Activities covered by the General Basic Mining Safety Regulations. It is not limited to underground mining, and this mining ITC does not automatically extend to every workshop in other sectors where silica occurs: outside its scope, general carcinogen and chemical-agent rules remain essential.
Key provisions
Assessment considers exposure level and duration and is reviewed when required and, in any event, every three years. It requires personal measurements representative of the full shift, competent personnel and recognised laboratories. Samples are taken at least once in each four-month period of the calendar year at jobs with a risk of dust exposure.
Chapter IIThe daily exposure limits of 3 mg/m³ for respirable dust and 0.05 mg/m³ for respirable crystalline silica dust must be considered simultaneously. The silica figure has been cross-checked against the current annex III of Royal Decree 665/1997, updated on 23 October 2026. Meeting a limit does not exhaust the duty: exposure must be reduced to the lowest technically possible level.
Chapter IIPPE does not replace technical and organisational measures capable of controlling dust. The ITC covers respiratory-protection fit, accidental or non-routine exposures and specific health surveillance. Theoretical and practical training is repeated at least annually and following the specified changes, and includes quantitative fit testing of respiratory protective equipment.
Chapter IIDocumentation forms part of the safety and health document and individual records. Results are sent electronically to the National Silicosis Institute at least every four months and annually to the mining authority with amendments to the document. Recognised cases of the specified diseases must be notified; annex I regulates laboratories’ technical competence.
Chapter IIHistory and versions
Initial publication: 09/07/2021 · Initial entry into force: 10/07/2021
BOE-A-2021-11458Published on 9 July 2021 and in force from 10 July 2021. The checked record contains no subsequent amendment, correction or repeal relationships for this Order. Its adoption did repeal the three listed predecessors, partially in the case of the 1985 Order. The amendment of Royal Decree 665/1997 by Royal Decree 846/2026 changes an applicable complementary instrument, not the text of Order TED/723/2021; it is identified separately to keep their histories distinct.
Order TED/723/2021 of 1 July: published 9 July 2021, in force 10 July 2021. Approves the new ITC 02.0.02 and includes express repeals and the historical measuring-equipment deadline.
BOE-A-2021-11458Complementary reference: Royal Decree 846/2026 of 21 October, published on 23 October 2026, amends Royal Decree 665/1997. The resulting annex III retains 0.05 mg/m³ for respirable silica. It is not recorded as an amendment to this Order and is not included in its textual versions.
BOE-A-2026-22080All text versions recorded by the BOE
| Publication | Effective date | Official reference | Affected provisions |
|---|---|---|---|
| 09/07/2021 | 10/07/2021 | BOE-A-2021-11458 | Preamble, Article sole, Transitional provision sole, Repealing provision sole, Final provision first, Final provision second, Signature, Annex, Chapter I, Chapter II, Annex I, Annex II |
Transitional provisions and application notes
Measuring and dust-sampling devices had to be adapted to the conformity-assessment procedure before 31 December 2021. This is an elapsed historical deadline, not a current exemption from conformity or measurement requirements.
Transitional provision soleRepeals ITC 04.8.01 of the Order of 13 September 1985, Order ITC/2585/2007 and Order ITC/933/2011. The first repeal concerns that specific ITC, not the entire 1985 Order; the latter two Orders are identified as repealed instruments.
Repealing provision soleThe ITC’s reference to the 2020 wording of Royal Decree 665/1997 must be read with its current text, including subsequent amendments. Current annex III retains 0.05 mg/m³ for respirable silica, as an eight-hour time-weighted average, with no open transitional period in that row. The former silica transitional regime must not be reapplied.
Official referenceThe National Silicosis Institute must produce and maintain a supporting technical guide. Its reference role does not replace the ITC’s duties or give the entire guide regulatory status in its own right.
Final provision first
Official BOE legal relationships
Earlier references (4)
- Repeals · BOE-A-1985-19595
- Repeals · BOE-A-2007-16041
- Repeals · BOE-A-2011-6860
- In accordance with · BOE-A-1985-10836
