Public consultation on Directive (EU) 2024/869: new limit values for lead and its inorganic compounds and for diisocyanates

National legislation is currently being prepared in order to implement Directive (EU) 2024/869. The objective of this public consultation is to seek the initial views of relevant stakeholders on the key provisions of the agreed Directive.

Council Directive 98/24/EC - also known as the Chemical Agents Directive (CAD) - sets out minimum requirement across the European Union (EU) for protecting workers from risks to their safety and health arising from the effects of chemical agents present at workplace or as a result of any work activity involving those agents.

Directive 2004/37/EC - also known as the Carcinogens, Mutagens and Reprotoxic Substances Directive (CMRD) - sets out the minimum requirements for protecting workers against risks to their health and safety arising from exposure to carcinogens and mutagens at work. It lays down preventive and protective measures, as well as exposure limits.

Through this legislative framework, exposure limit values and other provisions have been set or revised for many substances or groups of substances over the years. Directive (EU) 2024/869 seeks to further improve the protection of workers from the health risks linked to the exposure of lead and diisocyanates.

The draft law was adopted by the European Commission on 13 February 2023. The Council of the European Union adopted its general approach to the file on 12 June 2023.

The European Parliament's relevant Committee adopted a negotiating position on 7 September 2023. An informal agreement between the co-legislators on a compromise text for the draft law was reached on 14 November 2023. This was formally endorsed by Parliament on 7 February 2024 and by the Council on 26 February 2024. The Act was signed by the co-legislators on 13 March 2024 and published in the Official Journal on 19 March 2024. Member states are required to transpose these provisions into national law by 9 April 2026.

Text of the Directive: Directive (EU) 2024/869

This Directive sets significantly reduced limit values for occupational exposure to lead and its inorganic compounds. These substances can have serious effects on sexual function and fertility, can damage the nervous system, and have other negative effects on the human body. The Directive is the first piece of EU legislation to set limit values for diisocyanates, which can cause asthma and dermal disease in exposed workers (it is estimated that there are currently 4.2 million workers exposed across the EU).

The Directive introduces both an overall occupational exposure limit to diisocyanates and a short-term exposure limit, each valid until 2028. As lead accumulates in the bones and is gradually released into the circulatory system, this Directive will provide for the regular medical surveillance of workers with high levels of lead in their blood due to exposure which occurred prior to the transposition of the Directive. If these workers show a decline in the levels of lead in their blood, they will continue to be permitted to work with lead. The Directive also sets lower limit values for female workers of childbearing age.

The Directive introduces Binding Occupational Exposure Limit Values (BOELV) for diisocyanates:

• a limit value of 10 μg NCO/m3 in relation to a reference period of 8 hours and a short-term exposure limit value of 20 μg NCO/m3 shall apply until 31 December 2028
• a limit value of 6 μg NCO/m3 in relation to a reference period of 8 hours and a short-term exposure limit value of 10 μg NCO/m3 shall apply from 1 January 2029

The Directive contains the following provisions for lead:

• reduction of occupational exposure limit from 0.15mg/m3 to 0.03mg/m3
• reduction of biological limit value from 70µg/100ml of blood:
  • to 30μg Pb/100 ml blood (until 31 December 2028)
  • and to 15µg/100ml (from 1 January 2029)
  • if exposure occurs before these dates and a declining trend is established, these workers can continue to work involving exposure to lead
• notation of lead as a non-threshold reprotoxic substance
• medical surveillance is carried out:
  • if exposure to a concentration of lead in air is greater than 0,015 mg/m3, calculated as TWA over 40 hour per week
  • or a blood lead level greater than 9 μg Pb/100 ml blood is measured in individual workers
  • with regard to female workers of childbearing age whose blood lead level exceeds 4,5 μg Pb/100 ml blood

Submissions

The department seeks the views of stakeholders and interested parties as the national legislation is currently being prepared in order to implement this Directive.

Respondents are requested to make their submissions by email to the Chemicals Policy Unit at chemicals@enterprise.gov.ie

Submissions should be marked, ‘Response to public consultation on Directive (EU) 2024/4869 lead and diisocyanates'.

The closing date for receipt of submissions is 5pm on 23 May 2025.

Freedom of Information Act 2014 and publication of submissions

The department will make public on its website all submissions received under this consultation. Your attention is also drawn to the fact that information provided to the department may be disclosed in response to a request under the Freedom of Information Act 2014. Therefore, should you consider that any information you provide is commercially sensitive, please identify same, and specify the reason for its sensitivity. The department will consult with you regarding information identified by you as sensitive before publishing or otherwise disclosing it.

General Data Protection Regulation

Respondents should note that the General Data Protection Regulation (‘GDPR’) entered into force in Ireland on 25 May 2018 and it is intended to give individuals more control over their personal data.

The key principles under the regulation are as follows:

• lawfulness, fairness, and transparency
• purpose limitation
• data minimisation
• accuracy
• storage limitation
• integrity and confidentiality
• accountability

The Department of Enterprise, Trade and Employment is subject to the provisions of the regulation in relation to personal data collected by it from 25 May 2018. Any personal information which you volunteer to this department, will be treated with the highest standards of security and confidentiality, strictly in accordance with the Data Protection Acts 1988 to 2018.