Range of the Standard:
Ministerial Order
Character of the query:
Type of participation:
Hearing and public information


Directive (EU) 2017/2398 of the European Parliament and of the Council of 12 December 2017, which amends Directive 2004/37 / EC on the protection of workers against the risks related to exposure to agents carcinogens or mutagens during work, has incorporated as a carcinogen those works that involve exposure to respirable crystalline silica dust generated in a work process.

The new legal consideration as carcinogenic of these works constitutes a paradigm shift in risk management for exposure to dust and silica that has been carried out specifically in the mining sector, since this is, on occasions, the most frequent and most frequent risk. serious regarding the health of workers within the activities subject to the General Regulation of Basic Mining Safety Standards (hereinafter “RGNBSM”).

The obligation to incorporate the content of Directive (EU) 2017/2398 to Royal Decree 665/1997, of May 12, on the protection of workers against the risks related to exposure to carcinogens at work, makes it necessary to modify the regulations of equal or lower rank in what contradicts the provisions included in the aforementioned royal decree. Thus, it is necessary and timely to update the criteria and methods to define the danger and control of dust in workplaces, as well as the surveillance of the health of workers, established in the complementary technical instructions 02.0.02, 02.0.03 and 04.8.01, regarding the protection of workers against dust, of the RGNBSM.

Remission deadline

Deadline for submitting arguments until the day Friday, March 20, 2020

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The allegations are directed to the General Direction of energy policy and mines, and using the template for allegations available in subparagraph "Annexes"