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What it regulates
Sets specific controls for occupational exposure to carcinogens, mutagens or reprotoxic substances. Its current scope includes reprotoxic substances following the 2024 reform.
Who it applies to
Activities involving actual or potential exposure to agents defined in Article 2 and substances, mixtures or processes in Annex I. Asbestos also requires attention to its specific legislation.
Key provisions
Assess the nature, degree and duration of exposure, including exposure routes and particularly susceptible workers.
Article 3Prioritise substitution with a less hazardous substance, mixture or process where technically possible.
Article 4Where substitution is impossible, use a closed system; if that is also impossible, apply the exposure reduction required for the agent type. Meeting a limit does not replace these duties.
Article 5Offer specific health surveillance; where Annex III bis sets a biological limit, surveillance is mandatory for work with that agent and workers must be informed before assignment.
Article 8Retain the list of exposed workers and medical records for at least forty years for carcinogens or mutagens and five years for reprotoxic substances after exposure ends, with the required confidentiality safeguards.
Article 9History and versions
Initial publication: 24/05/1997 · Initial entry into force: 24/07/1997
BOE-A-1997-11145Royal Decree 846/2026 amended Articles 2, 6, 8 and 11, final provision 1 and Annexes I, III and III bis, and added the sole transitional provision on biological lead limits.
BOE-A-2026-22080Royal Decree 612/2024 extended the title and scope to reprotoxic substances, amended Articles 1–6 and 8–11, additional provisions 1–2, final provisions 1–2 and Annexes II–III, and added Annex III bis.
BOE-A-2024-13419Royal Decree 395/2022 amended Annex III.
BOE-A-2022-8521Royal Decree 427/2021 amended Annexes I and III.
BOE-A-2021-10029Royal Decree 1154/2020 amended Articles 6.2 and 9.4, the title of the sole additional provision, final provision 1 and Annexes I and III, and added additional provision 2.
BOE-A-2020-16833Royal Decree 598/2015 amended Articles 2.1–2, 4 and 10.1(c) and the title of Annex I.
BOE-A-2015-7458Royal Decree 349/2003 amended the decree and extended its protection to mutagens; consult the source for each affected provision.
BOE-A-2003-6934Royal Decree 1124/2000 amended Articles 1, 2 and 5 and the sole repealing provision, and added Annex III.
BOE-A-2000-11372All text versions recorded by the BOE
Transitional provisions and application notes
Until 31 December 2028, the biological lead limit is 30 µg Pb/100 ml of blood. For exposure before 9 April 2026 with levels above 30 but below 70, continued work requires periodic surveillance and a downward trend under the transitional provision. Annex III bis sets a limit of 15 after the transition unless the law changes.
Transitional provision soleFor cadmium and inorganic compounds, Annex III retains a transitional limit until 11 July 2027 of 0.002 mg/m³ respirable fraction, combined with biological monitoring at ≤0.002 mg Cd/g urinary creatinine. The general value is 0.001 mg/m³. This summary does not replace the annex’s complete table and conditions.
Annex IIIAnnex III bis also sets specific triggers for health surveillance and a regime for lead exposure before 9 April 2026. These must be distinguished from Annex III’s airborne lead limit of 0.03 mg/m³.
Annex III bis
Official BOE legal relationships
Earlier references (5)
- Repeals · BOE-A-1971-380
- Transposes · DOUE-L-1990-80951
- Official relationship · BOE-A-1995-24292
- Cites · BOE-A-1997-1853
- Cites · BOE-A-1992-24189
Subsequent references (8)
- Amended by · BOE-A-2026-22080
- Amended by · BOE-A-2024-13419
- Amended by · BOE-A-2022-8521
- Amended by · BOE-A-2021-10029
- Amended by · BOE-A-2020-16833
- Amended by · BOE-A-2015-7458
- Amended by · BOE-A-2003-6934
- Amended by · BOE-A-2000-11372
