Chromium-6 Legislation in the Netherlands: What Must an Employer Organize? #

Chromium-6 (Cr(VI)) is classified in the EU as a carcinogen (CMR category 1A) and a mutagen. This means employers in the Netherlands must follow an additional regime on top of the general duty of care. Which regime exactly depends on the situation: deliberately added Cr(VI) in old paint layers requires a different approach than process-generated Cr(VI) in installations operating at high temperature. This page summarizes the applicable frameworks (the Working Conditions Act, the Working Conditions Decree, REACH, and the Dutch occupational exposure limits) and closes with a practical checklist.

Why Cr(VI) Is Separately Regulated by Law #

Cr(VI) compounds can enter the body through inhalation, skin contact, and ingestion. With prolonged exposure, they are linked to lung cancer, nasal cancer, and conditions affecting the respiratory tract, skin, and kidneys. Legislators therefore treat Cr(VI) as one of the substances for which exposure must be reduced to the lowest level reasonably achievable. Staying under the exposure limit is, by itself, not sufficient.

Cr(VI) occurs in a workplace setting in two ways. In old protective paint layers, Cr(VI) was deliberately added as a rust-inhibiting pigment (lead, zinc, or strontium chromate). In high-temperature environments, it can form as a process by-product, when chromium from stainless steel or steel reacts with sodium- or calcium-containing insulation, road salt, fly ash, or fuel residue, among various other sources. For planned maintenance of old paint systems, a sector framework exists in the Netherlands (Beheersregime 2.0, “Management Regime 2.0”). For process-generated Cr(VI), no comparable protocol exists; the duty of care under occupational health and safety regulation applies in full.

The Working Conditions Act and the General Duty of Care #

The Working Conditions Act (Arbeidsomstandighedenwet, “Arbowet”) obliges employers to pursue a policy aimed at the best possible working conditions. The core requirement is set out in Article 3 of the Arbowet: hazards and risks to safety and health must, as far as possible, be prevented or limited at the source. If that is not possible, effective measures must be taken to control exposure regardless.

When a CMR substance such as Cr(VI) is present or can be generated, specific obligations follow: carrying out a risk assessment (RI&E, Risico-Inventarisatie en -Evaluatie) with an in-depth inventory for hazardous substances, drawing up an action plan, and providing information and instruction to everyone who could be exposed to the substance.

Working Conditions Decree, Chapter 4: Carcinogenic Substances #

The Working Conditions Decree (Arbeidsomstandighedenbesluit, “Arbobesluit”) elaborates on the Arbowet. Chapter 4 governs working with hazardous substances, with additional requirements for carcinogenic, mutagenic, and reprotoxic substances (CMR). Cr(VI) falls under this category. The employer must follow these steps, in this order:

1. Assess: Risk Assessment and Exposure Evaluation #

For every workplace where Cr(VI) is present or could be generated, the employer assesses the nature, degree, and duration of exposure. For paint remediation work, this means a preliminary investigation using representative dry-paint samples. For process-generated Cr(VI) (such as during dismantling of high-temperature insulation or refitting of ship engines), a planned preliminary investigation alone is not sufficient; measurements taken during the work, or wipe samples for dust, are necessary.

In practice, NEN-EN 689 is followed for assessing inhalation exposure. This standard requires multiple measurements per exposure group (in principle at least three) for a formal assessment against the exposure limit. A single measurement during a specific task can be indicative but does not deliver a judgment that complies with NEN-EN 689.

2. Substitute: The Substitution Obligation #

A statutory substitution obligation applies to CMR substances. The employer must investigate whether the substance or process can be replaced with a less hazardous alternative, insofar as this is technically feasible. Only when substitution is not reasonably possible may the employer rely on control measures alone.

3. Control: The STOP Strategy #

Control measures are weighed in a fixed hierarchy. First Substitution, then Technical measures (extraction at the source, separation of people from the source), followed by Organizational measures (work procedures, access restrictions, limiting exposure duration), and only as a last resort, Personal protective equipment (PPE). The use of PPE may not be deducted from the calculated exposure level. This is a persistent misunderstanding: PPE is an additional layer of protection, not a reduction of the source-level concentration.

4. Record: 40-Year Registration Obligation #

The employer keeps a record of employees who have been exposed to a carcinogenic substance, including the nature, degree, and duration of exposure. This data must be retained for 40 years, counted from the end of the individual employee’s exposure. This is a long retention period with administrative consequences: even after an employee leaves the company, the employer (or its legal successor) must keep the data available.

5. Monitor: Health Surveillance and Periodic Medical Examination #

Employees who may be exposed to Cr(VI) must be given the opportunity to undergo a periodic medical examination (PMO, Periodiek Medisch Onderzoek) tailored to the specific risks. This applies before work begins, periodically during exposure, and upon termination of exposure.

6. Inform: Instruction and Information #

Everyone who could come into contact with Cr(VI) must receive information about the risks, the control measures taken, the correct use of PPE, and hygiene facilities. For rotating crews or subcontractors, this means repeated and demonstrable instruction.

Specific article numbers and wording change periodically. For the current text, wetten.overheid.nl is the authoritative source.

Statutory Exposure Limits in the Netherlands #

In the Netherlands, a public occupational exposure limit applies to Cr(VI) air concentration in the workplace. For lead, the exposure limit was substantially lowered as of 9 April 2026. Both substances occur in the same old paint systems, and intersect during demolition, sanding, and burning work:

The Cr(VI) exposure limit of 1 µg/m³ (time-weighted average over 8 hours) has applied since 2017 and is comparable to the limits in Germany and France. For lead, the previous exposure limit of 0.15 mg/m³ was reduced by a factor of 5 to 0.03 mg/m³ as of 9 April 2026. This is the Dutch implementation of Directive (EU) 2024/869, which amends Directive 2004/37/EC (the Carcinogens, Mutagens and Reprotoxic substances Directive, CMRD) and Directive 98/24/EC regarding the exposure limits for lead and diisocyanates. The threshold for lead in a coating above which additional control measures apply has accordingly been lowered from 3.75% to 0.75%.

For other metals (aluminum, zinc, nickel, cadmium, cobalt, titanium), separate exposure limits apply. Some of these are set out in the Working Conditions Decree as public exposure limits, some as private limits (to be set by the employer), and some as REACH DNELs (Derived No-Effect Levels) from the substance’s registration dossier. For the current list of public exposure limits, employers should consult the SZW list (the Dutch Ministry of Social Affairs and Employment’s list of occupational exposure limits).

REACH: The European Framework for Cr(VI) #

In addition to national occupational health and safety regulation, Cr(VI) falls under the European REACH Regulation (EC) 1907/2006. REACH applies two instruments that are relevant for Cr(VI):

Authorisation (REACH Annex XIV) #

A number of Cr(VI) substances, including chromium trioxide (CrO₃), sodium chromate (Na₂CrO₄), potassium dichromate (K₂Cr₂O₇), strontium chromate (SrCrO₄), and lead chromates, are listed on the Authorisation List (Annex XIV). Placing these substances on the market or using them is permitted only under an authorisation granted by the European Commission, for specifically defined applications. Companies processing these substances must check whether they fall under their supplier’s authorisation or whether they need to submit their own application.

Proposed Group Restriction 2025 (REACH Annex XVII) #

In 2025, the European Chemicals Agency (ECHA) proposed a group restriction for six Cr(VI) compounds under Annex XVII. The proposal aims to further restrict the placing on the market and use of these substances, with exemptions for a number of industrial applications for which no alternative is available. The proposal is currently going through the procedure at the RAC and SEAC committees; the final decision rests with the European Commission. Until that decision is made, existing regulation remains fully in force.

For Dutch employers, this has two implications. Existing authorisations remain valid as long as the Commission has not adopted a new decision. At the same time, it is worthwhile to start mapping where Cr(VI) occurs in one’s own processes or products, and which alternatives are available, so that a future restriction does not bring operations to a halt.

For process-generated Cr(VI) (where the substance is not purchased as a raw material), the applicability of REACH is less direct, since REACH primarily addresses placing on the market and use. In those situations, the occupational health and safety duty of care is the primary framework. For details on the 2025 proposal, see the separate page “REACH Restriction Cr(VI) 2025.”

Beheersregime 2.0: Sector Framework for Planned Paint Work #

For planned maintenance of old steel protective coatings in Dutch infrastructure, Rijkswaterstaat (the Dutch national water and infrastructure authority), ProRail, and the Central Government Real Estate Agency (Rijksvastgoedbedrijf) have applied the Chromium-6 Management Regime since April 2022. This framework replaces the earlier risk-class 1/2/3 approach, which in practice led to disproportionate, asbestos-remediation-like conditions for relatively low Cr(VI) concentrations. Beheersregime 2.0 links the management regime to the measured Cr(VI) concentration in the dry paint:

Beheersregime 2.0 was developed for planned maintenance of old paint systems in Dutch infrastructure. It was not written for process-generated Cr(VI) in high-temperature insulation, ship engine rooms, gas turbines, or stainless-steel installations. No comparable sector framework exists for those situations. The occupational health and safety duty of care and the requirements under Chapter 4 of the Working Conditions Decree apply in full there, and the investigation strategy differs substantially (see the page “Process-Generated Cr(VI) in High-Temperature Environments”).

What Must an Employer Concretely Organize? A Checklist #

The following steps together form the minimum implementation of the occupational health and safety obligations regarding Cr(VI). The order follows the logic of Chapter 4 of the Working Conditions Decree:

1. Risk assessment (RI&E) with explicit inventory of Cr(VI) sources (deliberately added in paint, or potentially process-generated).
2. Preliminary investigation (for paint work) or risk analysis (for process-generated Cr(VI)) by a laboratory capable of selectively quantifying Cr(VI).
3. Exposure assessment in accordance with NEN-EN 689 for recurring work, or indicative measurements for incidental situations.
4. STOP control measures: substitution where possible, otherwise technical source measures, organizational restrictions, and as a last resort, PPE.
5. PPE selection with justification of protection factor (APF), filter type, and protective clothing (type 5/6 for dusty work).
6. Decontamination and hygiene: clean and dirty zones, washing facilities, and a ban on eating, drinking, and smoking in the work zone.
7. Periodic Medical Examination (PMO) tailored to Cr(VI) exposure; before commencement, periodically during, and upon termination of exposure.
8. Registration of exposed employees, type and duration of exposure; retention period of 40 years after the end of exposure per employee.
9. Information and instruction to own personnel and subcontractors, repeated and demonstrable.
10. Periodic evaluation of the measures taken, with adjustment when work methods, materials, or exposure limits change.

The Difference Between Paint and Process-Generated Cr(VI) #

The legal basis is the same for both situations (the Working Conditions Act, Chapter 4 of the Working Conditions Decree, REACH). The practical implementation differs fundamentally:

How SEEF Supports Employers #

SEEF carries out the entire process: on-site sampling, laboratory analysis using a patented method (WO2023219493), interpretation, and advice. The method is resistant to the known interferences (zinc, iron, copper, aluminum) that lead to underestimation with standard methods. SEEF operates under ISO/IEC 17025 and is deployable internationally, including in offshore and ATEX zones.

For specific situations such as a refit with unexpected high-temperature insulation, a renovation involving old paint systems, or a fleet-wide risk inventory, we help design the investigation plan. Contact us via info@seefbv.com or +31 (0)85 047 05 74.

Sources and Legal References #

• Working Conditions Act (Arbeidsomstandighedenwet), in particular Article 3 (duty of care). Current text: wetten.overheid.nl.
• Working Conditions Decree (Arbeidsomstandighedenbesluit), Chapter 4 (hazardous substances), with additional obligations for CMR substances. Current text: wetten.overheid.nl.
• REACH Regulation (EC) 1907/2006, Annex XIV (authorisation) and Annex XVII (restriction). Current lists: echa.europa.eu.
• ECHA proposal for group restriction on Cr(VI), 2025. Status and documents: echa.europa.eu/registry-of-restriction-intentions.
• Chromium-6 Management Regime, version 2.0, Rijkswaterstaat / ProRail / Rijksvastgoedbedrijf, April 2022.
• Directive (EU) 2024/869, published 19 March 2024 in OJ EU L 2024/869. Amendment of Directive 2004/37/EC (CMRD) and Directive 98/24/EC regarding the exposure limits for lead and diisocyanates.
• Lead exposure limit 0.03 mg/m³ TWA-8h, effective 9 April 2026. Source: SZW list of public exposure limits, Arboportaal, and SER.
• NEN-EN 689:2018+C1:2019: Assessment of exposure by inhalation to chemical agents.

Legislation changes. For formal application, always verify the current text with the source authorities (wetten.overheid.nl, echa.europa.eu, arboportaal.nl).