Regulation No 105 of the Government of the Republic 

of 20 March 2001

The regulation is established on the basis of subsection 3 of § 7 of the Occupational Health and Safety Act  (RT I 1999, 60, 616; 2000, 55, 362; 2001, 17, 78).

§ 1. Scope of application 

(1) The regulation stipulates the requirements for using hazardous chemicals and materials containing the latter with the aim of protecting the health of the workers exposed to these substances.

(2) The regulation applies to the activities involving hazardous substances or the materials containing the latter validated under the Regulation No. 59 “Confirmation of the list of hazardous substances” of the Minister of Social Affairs of 30 November 1998 (RTL 1999, 39, 508 and 509) based on clause 1 of subsection 1 of § 11 of the Chemicals Act.

(3) The regulation applies to work with plant protection products and equipment, considering the requirements validated under the Regulation No. 271 “Safety requirements in using, keeping and cleaning of plant protection products” (RT I 2000, 67, 430) of the Government of the Republic of 16 August 2000 and the Regulation No. 324 “Instruction for safe use of plant protection products” (RT I 2000, 77, 493) of 5 October 2000.  

(4) The regulation does not apply to the transport of hazardous chemicals and materials containing the latter and to work with radioactive substances.

 § 2. Risk assessment of work environment 

During the risk assessment of the workplace the employer is obliged:

1) to describe the working conditions of workplace, considering the risk factors related to all possible hazardous chemicals and materials containing the latter;

2) to measure the concentration of chemicals in the air of work environment and compare the latter with occupational exposure limit values;

3) to assess the level, type and duration of potential health risk;

4) to specify safety measures and regulations for their application;

5) to formalise the results of the risk assessment in writing.

(2) New technological processes related to using hazardous chemicals and materials containing the latter should not be launched before the new risk assessment has been carried out and the appropriate safety measures applied.

(3) The supplier should provide the employers with all relevant information on the hazardous chemicals in supplying hazardous chemicals and materials containing the latter in order to ensure the timely application of all possible safety measures.

(4) The concentration of hazardous chemicals in the air of work environment is measured by the measuring laboratory possessing the confirmation of accredited or professional competence by Estonian Accrediting Centre above the order of the employer.

(5) One sample of measurement results will be preserved will be kept in the measuring laboratory, the other will be preserved will be kept  by the employer for 40 years. If the employer terminates his activities, the measurement results will be given over to the local Labour Inspectorate.

§ 3. Measures for reducing the risk arising from hazardous chemicals and materials containing the latter in the work environment

(1) Reduction of risk by optimizing the work process:
1) replacement of technology based on hazardous chemicals with the safer one;

2) replacement of hazardous chemicals with the safer one;

3) reducing the number of workers exposed to hazardous chemicals;
4) shortening the time of working with hazardous chemicals;
5) reducing the quantity of hazardous chemicals present at workplace. 

(2) Reduction of risk with the improved organization of work at workplace:
1) use of suitable working procedures;
2) use of equipment and technologies ensuring the safety of employees;
3) use of relevant equipment and materials;
4) regular technical control and maintenance of equipment. 

(3) Measures needed for the prevention of the potential risk arising from the physico-chemical properties of chemicals not directly related to the technological process: 
1) In accordance with technological options the use of inflammable and decomposing chemicals should be avoided or the quantities stored reduced;
2) avoiding the presence of ignition sources;
3) prevention of consequences of health hazardous effects of possible fire, explosion or other physical phenomena caused by the chemicals. 

§ 4. Use of personal and collective protective equipment 

In case the concentration of hazardous chemical agents in the air of work environment exceeds the occupational exposure limit value and which could not be reduced, the following measures should be taken:

1) use the collective protective equipment in the area affected by hazardous chemical agents;
2) provide the worker with the relevant personal protective equipment, unless the impact of hazardous chemical agent could be avoided with collective protective equipment.

§ 5. Evaluation of results for applying the measures

Pursuant to applying the measures to reduce the risk and the changes made in the work process technology the concentration of hazardous chemicals in the air of work environment should be again tested.

§ 6. Labelling of work equipment

The equipment, containers and other work equipment used in treating hazardous chemicals should be labelled or clearly distinguishable.

§ 7. Activities of the employer for prevention of the consequences of accident 

(1) The employer is obliged to fix the action plan for taking the workers out of the possible affected area, carrying out the fire-fighting and rescue works and providing first aid and install the warning system for informing the employees of the increase in concentration of hazardous substances at workplace. 

(2) The communication system for calling the rescue service should be installed at the workplace where the hazardous chemicals are used. In case of the accident the rescue service should be informed of the time, place, description of the accident and risk factor.

§ 8. Actions of the employer in case of the accident 

(1) The employer is obliged to immediately inform all the workers exposed to danger of the potential risk of the accident and the measures to be taken.

 (2) In liquidating the consequences of the accident the employer should take the specific measures into use:

1) only the workers carrying out the restoration and other necessary works are allowed to the affected area;

2) the employees in the affected area are provided with the relevant personal protective equipment.

§ 9. Information and training of employees

(1) The employer should ensure that the workers are provided with the data related to hazardous chemicals and materials containing the latter used at work:

possible risk to health;

2) relevant personal protective equipment for decreasing the impact;
3) results of risk assessment;
4) access to safety data sheet;
5) content measurement results in the air of work environment and occupational exposure limit values;

6) legal acts regulating the work.

(2) The employer should ensure that the workers are provided with training on appropriate precautions and actions to be taken in order to safeguard themselves.

§ 10. Prohibitions in using hazardous chemicals

(1) The use of the following hazardous chemicals is prohibited in the work process: 

(2) The chemicals listed in section 1 are allowed to be exceptionally used:

1) in scientific research;
2) in eliminating chemicals from by-products and waste products;
3) in intermediates of their synthesis.

(3) In case of using the chemicals listed in section 1 the workers should be completely protected against the exposure. The separate room should be established for using the chemicals and materials containing the latter, from which the aforesaid chemicals could be removed according to the regulations fixed by the employer.

§ 11. Health surveillance of workers and application of its results 

(1) The employer is obliged to arrange health surveillance of workers exposed to hazardous chemicals and materials containing the latter according to the precept of occupational health doctor. If needed, the biological monitoring is carried out, during which the concentration of the chemicals or its metabolite in the blood or urine of the worker will be fixed.

(2) In case during health surveillance the worker is found to have a disease or the occupational health disorder, the employer should organise health surveillance for all other workers operating in the similar conditions.

(3) Occupational health doctor should be aware of the risk assessment of work environment and the measurement results of the concentration of hazardous substances in the air of work environment.

(4) The workers should be informed of the results of their health surveillance.

(5) The employer should be informed of the restrictions set for the worker for performing the tasks due to health contraindications.

(6) Health records will be kept in the occupational health service for 40 years after the last exposure of the worker to hazardous chemicals or the materials containing the latter.

(7) The employer is obliged to take into account the advice of the occupational health doctor and other occupational health-care professionals to reduce the risk factor resulting from the work environment.

(8) The employer is obliged to apply the advice of occupational health doctor, secure the necessary safety and preventive measures and operations of monitoring systems based on the results of health surveillance.

§ 12. Enactment of the regulation

The regulation will be entered into force on 1 October 2001.
¹ The Directive of the Council of the European Communities 98/24/EEC (OJ L 131, 5 May1998, pg. 11)