Markus Sommer
With Directive (EU) 2026/2450 of 21 October 2026, the European Union amends Directive 2004/37/EC on carcinogens, mutagens and reprotoxic substances. Two additions matter for work on chromate-contaminated insulation systems. Under the new subparagraph in Article 5(5), personal protective equipment, in particular respiratory protection, “shall be used as a last resort” where exposure cannot be avoided or adequately reduced by other means despite the technical and organisational measures. The new Article 10(3) gives workers who wear it an entitlement to regular breaks in an area where there is no risk of contamination. The Directive enters into force on 19 November 2026 and must be transposed by 20 November 2028.
The new regulatory analysis “Personal Protective Equipment as a Last Resort” places the amendment within the existing hierarchy of protective measures. It covers Directive 89/656/EEC, the German Hazardous Substances Ordinance and TRGS 561, the Dutch Arbeidsomstandighedenbesluit, the Austrian ArbeitnehmerInnenschutzgesetz, the Polish regulations and the British COSHH Regulations, and it reproduces the wording of each provision with its source.
In all legal systems considered, substitution comes first. In chromate-contaminated insulation systems the source of exposure lies in the material pairing of a chromium-alloyed hot component and an insulation material containing basic oxides. In operation, this pairing forms the Chromium(VI) compounds that are released as chromate-containing dusts and fibres during dismantling. High-temperature insulation materials free of alkali and alkaline earth metal oxides are available. Anyone who reinstalls contaminated insulation or replaces it with an insulation material of the same composition creates the exposure of the next dismantling.
How these Chromium(VI) compounds form in operation is described in the expert analysis “The Overlooked Ingredient” on cr6.info.
The regulatory analysis is available for download in English, German, Dutch and Polish in the compendium.
The online magazine harmfuldust.com covers the right to breaks and the substitution assessment in more detail.