ChemRegs Newsletter – April 2025
EU REACH Revision
On 3 April 2025, the European Commission presented its proposed changes to the EU REACH regulations during the CARACAL-54 meeting.
The proposals discussed at the meeting will have an impact for chemical management especially the dissemination of hazard information within the chemical industry.
The European Commission is the primary executive arm of the European Union. It initiates legislation and sends it to the Parliament for approval. Therefore, the Commission holds most of the power by deciding what becomes proposals, which then become law.
The Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH Regulation) is the main EU law designed to protect human health and the environment from the risks posed by chemicals.
The Classification, Labelling and Packaging of substances and mixtures (CLP Regulation) is the EU law that mandates the classification, labeling, and packaging of substances and mixtures.
Competent Authorities for REACH and CLP (CARACAL) is the expert group that advises the Commission and the European chemical agency (ECHA) on the implementation of EU REACH and EU CLP. The group is composed of representatives of national Competent Authorities for REACH and CLP, representatives of Competent Authorities of the European Economic Area and European Free Trade Association (EEA-EFTA countries), as well as several observers from non-EU countries, stakeholders from industry and trade associations, NGOs, trade unions, and international organisations.
Core Reforms to REACH outlined in the CARACAL-54 meeting, include:
- Registration validity shortened to 10 years and ECHA would have new powers to be able to revoke them if dossiers are found to be outdated or non-compliant
- Mandatory Dossier Updates – Dossiers would need to be updated following the identification of a substance as a SVHC or assignment of a harmonised classification
- Higher Data Requirements – The Chemical Safety Assessment would need to cover the new hazard classes PMT (Persistent, Mobile, Toxic), vPvM (very Persistent, very Mobile) and Endocrine Disruptors (EDs)
- Introduction of the Mixture Assessment Factor (MAF) for substances >1000 1t/a
- Polymer Management Reform – Under the current REACH Regulation, polymers are exempted from registration as long as their monomers or other relevant substances are registered. However, in the new proposal, all polymers >1t/a will be subject to classification, notification and registration requirements
- REACH Annex Revisions
- Proposed deletion of Annex III (simplified registration criteria) and XIII (PBT/vPvB criteria)
- Revisions planned for Annexes I, VI-XI (information requirements)
- Annex II updated for CLP/UN-GHS alignment (CARACAL task force review)
- Digitalisation of supply chain communication, including the transition to digital Safety Data Sheets and alignment with the Digital Product Passport (DPP) framework.
Digital product passports (DPPs)
Digital product passports (DPPs) are being introduced across the EU to improve sustainability. They will capture data about the environmental impact of products, their composition, their production and history, and importantly their disposal considerations.
The DPP is a digital record containing key information about a product’s sustainability, circularity, and compliance, accessible to all stakeholders along its value chain. It’s a key part of the EU’s Ecodesign for Sustainable Products Regulation (ESPR), aiming to increase transparency and support a circular economy.
The DPP has already been made mandatory under the new EU Battery Regulation and is being extended to other sectors such as detergents, paints, biocides, and chemicals.
In the proposed REACH revision, the DPP is considered the most effective tool for improving information exchange across the supply chain, particularly for communicating whether a product contains substances of concern.
The proposals call for the DPP to be easily integrated e.g. via a QR code to take you to the passport so the full information can be ascertained.
Digitalization of Safety Data Sheets (SDS)
The proposal is that companies will be required to provide digital Safety Data Sheets (SDS) that are aligned with the product’s Digital Product Passport.
Some DPPs may well just link the full SDS to the QR code, or the digital version may have a précised version, just comprising the saliant points.
We await further information on how the SDS will fit into the Digital Product Passport.
The CARACAL presentations can be accessed here, and the final legislative text for the REACH revision is expected to be published in the fourth quarter of 2025.
LEV Systems and Commissioning
The Control of Substances Hazardous to Health Regulations, 2002 (COSHH) requires dutyholders to adequately control exposure to substances in the workplace that cause ill-health.
Workers contract occupational lung diseases such as occupational asthma and chronic obstructive pulmonary disease every year. People develop these diseases because they breathe in too much dust, fume or other airborne contaminants at work, often because control measures do not work well enough. Most industries are affected, including chemicals, woodworking, welding, paint-spraying, stonemasonry, engineering and foundry work.
In Great Britain, occupational lung disease accounts for around 12,000 annual deaths, estimated to be linked to past exposures at work. One of the strategic objectives in the HSE 10-year strategy (2022 to 2032) ‘protecting people and places’ is to reduce work-related ill-health, and this includes tackling occupational lung disease. As part of this, HSE has just launched a new webpage on commissioning LEV systems.
Local exhaust ventilation (LEV) can help employers effectively control exposure to gas, vapour, dust, fume and mist in workplace air by extracting the clouds of contaminant at source before people breathe them in. ‘Commissioning’ is proving that the LEV system is capable of providing adequate control.
Employers should commission the LEV system to make sure it adequately protects people from breathing in harmful substances. This ensures that there is adequate control from day one, proves that the system is providing adequate control, and provides a benchmark for later regular examinations and tests.
A commissioning report should be made that details the general condition of the LEV and the operating conditions at the time of commissioning, including any external factors that might influence performance. It should also describe:
- the general configuration, components, fan specification, filter media, waste collection, make-up air supply and discharge arrangements, location, photographs of relevant parts and assigned identification number
- any minor adjustments or repairs carried out to make the LEV system effective
- the methods used to judge performance, such as visual, smoke test, airflow measurements, pressure measurements, dust lamp, air sampling and filter testing.
Employees and operatives must be given suitable and sufficient information, instruction and training in the use of LEV, and LEV systems should be tested at least every 14 months.
LEV systems can also present additional risks. Employers must control the risks to safety from fire, explosions and substances corrosive to metals under The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR). Employers must also consider compliance with The Control of Noise at Work Regulations 2005, to ensure that workers’ hearing is protected from excessive noise.
Other regulations may also apply.
Vulnerable Workers
Vulnerable workers are people who may be particularly sensitive or over exposed to potential health and safety risks in comparison to the general working population. The European Agency for Safety and Health at Work defines vulnerable workers as ‘certain groups who may be more at risk from occupational accidents or ill-health than others or those that have special considerations that may need to be taken account of in a health and safety context’.
One example of vulnerable workers includes new workers, who are as likely to have an accident in the first 6 months at a workplace as during the rest of their working life.
This increased risk is because of:
- lack of experience of working in a new industry or workplace
- being unfamiliar with the job and the work environment
- not wanting to raise concerns and not knowing how to
- eagerness to impress workmates and managers
This means workers new to a workplace may:
- not recognise hazards as a potential source of danger
- not understand ‘obvious’ rules for equipment use
- not be familiar with site layout – especially where site hazards may change from day to day
- ignore warning signs and rules, or cut corners
HSE has guidance to protect those new to a job, which includes an in-depth guide to the 6 steps to protect new workers:
- capability
- induction
- control measures
- information
- supervision
- check understanding
There is also guidance to help users and suppliers of gig economy, agency and temporary workers.
For more information on anything in this Newsletter, please contact us at info@chemregs.co.uk