Which maternity protection regulations apply in the case of exposure to hazardous substances?

According to Section 11 Paragraph 1 of the MuSchG, all activities and working conditions in which expectant mothers are exposed to hazardous substances classified under the CLP Regulation as:

• toxic for reproduction category 1A, 1B (H360) or 2 (H361) or according to the additional category for effects on or via lactation (H362) (this also includes lead and lead derivatives) or • carcinogenic or germ cell mutagenic category 1A or 1B (H350, H340) or • specific target organ toxicant after single exposure category 1 (H370) or • toxic category 1, 2 or 3 (H300, H310, H330, H301, H311, H331). • hazardous substances which have the potential to cause damage even if the workplace guidelines are followed.

Exceptions may apply within the scope of an acceptable risk if the workplace-related requirements are met and the hazardous substance cannot cross the placental barrier and is considered safe with regard to fetal damage and reproductive toxicity during or beyond lactation. Nevertheless, determining the limit values ​​for fetal toxicity is not always easy.

Information on the assessment of hazardous substances can be found in the Technical Rule for Hazardous Substances (TRGS) 900 “Occupational Exposure Limits” . The addition “Y” in the column “Remarks” of the list of hazardous substances refers to substances which pose a risk of harm to the fetus if the Workplace exposure limit value (OEL) and the biological limit value (BGW) there is no need to fear. “Z” marks substances for which a risk of harm to the fetus cannot be ruled out even if the AGW and BGW are complied with.

If no AGW is available, the Maximum workplace concentration (MAK) and biological tolerance (BAT) values ​​list The Senate Commission for the Investigation of Health Hazards of Chemical Compounds in the Work Area of ​​the German Research Foundation (DFG) should be consulted. The MAK and BAT Value List distinguishes between the pregnancy risk groups AD. For substances in Group A a teratogenic effect has been demonstrated even when the MAK and BAT values ​​are observed. A teratogenic effect is Group B at exposure levels above the MAK and BAT values ​​cannot be ruled out. In contrast, a teratogenic effect in Group C If the MAK and BAT values ​​are observed, there is no need to fear any adverse effects. Group D However, there is no or insufficient data available for classification into the aforementioned groups. The basic principle is that an unreasonable risk must always be reliably excluded.