Decreto-Lei n.º 35/2020

Publicação: Diário da República n.º 134/2020, Série I de 2020-07-13
  • Emissor:Presidência do Conselho de Ministros
  • Entidade Proponente:Trabalho, Solidariedade e Segurança Social
  • Tipo de Diploma:Decreto-Lei
  • Número:35/2020
  • Páginas:3 - 22
  • ELI:
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Summary in plain english (Without legal value)

What is it?

This decree-law amends the legal framework on the protection of workers from the risks related to exposure to carcinogens or mutagens (producing changes in genetic material) at work.

What is going to change?

The occupational exposure limit value is defined as the weighted average concentration limit of a carcinogen or mutagen present in the air at the workplace, measured in the breathing zone of a worker, over a given period.

In activities with a higher risk of exposure to such agents, the employer shall assess risks to the safety and health of workers, such as:

    • The nature, degree and duration of exposure to the carcinogen or mutagen;
    • The concentration of the carcinogen or mutagen in the air at the workplace, taking into account the limit values for occupational exposure;
    • Check the actual conditions of occupational exposure, including the link with other occupational risk factors.

Every three months there shall be a risk assessment in the event of changes in working conditions if the occupational exposure limit value is exceeded or if the outcome of health surveillance is justified.

The risk assessment shall indicate exposed workers, especially those requiring special protection (who must be kept away from areas where there is contact with carcinogens or mutagens).

The employer shall organise and archive the up-to-date data record in electronic form, in particular the records of accidents and incidents at work and of occupational diseases reported and confirmed.

What advantages does it bring?

This decree-law aims to protect workers' health from the risks related to exposure to carcinogens or mutagens at work.

To this end, this decree-law strengthens medical surveillance practices and updates the reference framework of limit values for workers' exposure to these agents.

In this way, the risks arising from exposure to carcinogens or mutagens are greatly reduced.

When does it enter into force?

This decree-law enters into force 5 days following its publication.

This text is intended to present the content of the legal act in accessible, plain and understandable language for citizens. The summary of the legal act in plain language has no legal value and does not replace the consultation of the legal act in the Diário da República.