An exposure register documents employees’ potential or actual exposure to hazardous substances or processes.
Norwegian organisations are legally required to keep an exposure register for employees who are, or may become, exposed to certain hazardous chemicals or processes, in line with the Working Environment Act and Chapter 31 of the Regulations concerning the performance of work. The register exists to protect employees: illness caused by chemical exposure can develop many years later, and it is then essential that the exposure has been documented continuously, for example where an occupational disease is suspected or in a compensation case.
Chapter 31 of the Regulations concerning the performance of work specifies which exposures are to be registered, but the wording of the regulations can be interpreted in different ways and we see that there are different practices for registering exposure among our Workplace Safety customers.
In order to get answers to our questions, we invited the Norwegian Labour Inspection Authority to a webinar, and everyone who works with hazardous chemicals was welcome to participate. Some of these questions are summarised here.
Our summary of the questions
Who is responsible for the exposure register?
The employer is the obligated party. This means that it is the employer who has the overall responsibility for ensuring that a register is kept – and that the exposures are recorded correctly.
What should be entered in the register?
This is explained in Chapter 31 of the Regulations concerning the performance of work:
- Section 31-1 (a, b and c): carcinogenic, mutagenic and reproductive-toxic chemicals (category 1A or 1B), certain processes listed in the regulations, and lead and lead compounds
- Section 31-2: asbestos
- Section 31-3: biological agents in infection risk group 3 or 4, or with annotation D
- Section 31-4: ionising radiation
- Section 31-5: hazardous substances in rock work
How do you know if the substances are classified as Carc 1A and 1B, Mut 1A and 1B, Repr. 1A or Repr. 1B?
Use the safety data sheet in the chemical inventory to find out if the substance belongs to any of the classifications that require registration under section 31-1. This information can also be found on the product’s packaging.
Harmonised classifications are listed in Annex VI, Part 3 of the CLP Regulation. Other classifications are made by the supplier (self-classification) and are shown in section 2 of the safety data sheet.
In Workplace Safety, products in these classes will automatically be marked with an exposure icon, so it is easy to see in the chemical inventory whether exposed employees must be registered.
You can also search for classification on the website of the European Chemicals Agency, ECHA:
C&L Inventory (Classification and Labelling database)
New register requirement for reproductive toxicants
As of 5 April 2024, work with substances classified as Repr 1A and Repr 1B is also subject to registration in the exposure register.
Are there requirements for the format of an exposure register?
No, the Norwegian Labour Inspection Authority has no format requirements. The requirements for what the register should contain are set out in the regulations, but the exposure register can be an Excel sheet.
What does “anyone who is, or may be, exposed” mean?
This means all work situations where employee exposure cannot be ruled out.
The requirement for exposure registration should be interpreted as follows: All employees who are exposed, or who may be exposed, MUST be registered.
It also means considering personnel who may be exposed even if they are not directly engaged in tasks or processes where they may be exposed. This could be cleaning and maintenance staff, or other functions that are only present at the workplace for a short period of time.
How do you know which work operations or processes to register?
The employer’s risk assessment must always form the basis for this assessment.
The Norwegian Labour Inspection Authority does not have a set answer to which exposure situations should be registered. It is up to the company itself to risk assess the various conditions, and it is up to the company itself to decide whether employees are exposed or not.
If the employer believes that a register is not required, this must be documented.
What if the concentration is far below the limit value?
Exposure below an occupational limit does not automatically remove the register requirement.
Limit values are based on current knowledge of health effects, and also take into account economic and technical aspects.
The Norwegian Labour Inspection Authority’s guidance only allows consideration of an exception when disease risk is negligible. This requires an assessment with occupational medical and occupational hygiene expertise.
This may mean that almost all employees in a company must be registered. In cases where exposure is very low, this will be stated in the register information.
How should you record the time and duration of the exposure?
The Norwegian Labour Inspection Authority is clear that you can have a pragmatic approach to entering time and duration. It should be as detailed as possible, but it should also be practically feasible.
Here it is permitted to provide average calculations. In other words, you don’t have to take measurements every day to find out what concentrations you were exposed to on different days.
Does personal protective equipment remove the registration requirement?
No.
Personal protective equipment does not in itself remove the registration requirement. The overall risk assessment must still consider existing controls and how well they work.
What exactly is meant by “rock work”?
The Norwegian Labour Inspection Authority confirms that the text of the regulation is unclear on what is considered rock work, and that this is something they will work on to specify. The Norwegian Labour Inspection Authority associates rock work with mining, quarrying, tunnelling and other rock excavation that is carried out on a large scale.
What applies to exposure to crystalline silica dust?
Work involving exposure to respirable crystalline silica dust generated by a work process is covered by the register requirements. Assess this for laboratory work too. See the Norwegian Labour Inspection Authority’s current guidance.
What applies to biological agents?
Employees who are exposed to biological agents in infection risk group 3 or 4, or with annotation D, must be registered under section 31-3. The information must be kept for at least 10 years after exposure ends, and up to 40 years in special cases.
Do you have questions about exposure registers or chemical management?