Poland Gives the Mining Industry Three More Years to Meet the Nitrogen Oxide Exposure Limit
The Ministry of Family, Labour and Social Policy has prepared a draft regulation (dated 26 May 2026) that extends the transitional period for the occupational exposure limit (OEL) for nitrogen oxide in underground mining and tunnel construction in Poland. The new deadline for reaching the target concentration of 2.5 mg/m³ is set to move from 21 August 2026 to 21 August 2029. Although the amendment itself comes down to changing a single date, its practical significance for the mining and tunnel-construction sector is substantial.
Where do the current limits come from?
The origin of the current limits lies in EU law. The Regulation of the Minister of Family, Labour and Social Policy of 12 June 2018 on the maximum admissible concentrations and intensities of factors harmful to health in the working environment implemented Directive (EU) 2017/164 into Polish law, establishing the fourth list of indicative occupational exposure limit values. Under that directive, the OEL for nitrogen oxide was set at 2.5 mg/m³ (2 ppm). For the underground mining and tunnel-construction sector, however, a transitional period was provided — until 21 August 2026 — during which higher values apply: an NDS (maximum admissible concentration) of 3.5 mg/m³ and an NDSCh (maximum admissible momentary concentration) of 7 mg/m³.
What exactly is changing?
The essence of the proposed change is a modification of § 4 of the regulation. The amendment replaces the words “until 21 August 2026” with “until 21 August 2029.” As a result, the mining and tunnelling sector will get three additional years to adapt to the lower target concentration of nitrogen oxide. Until the extended period expires, these industries will continue to operate under the current, higher NDS and NDSCh values.
Why is the deadline being extended?
The extension is backed by the position of the Interministerial Commission. The ministry and the Interministerial Commission for Maximum Admissible Concentrations and Intensities of Factors Harmful to Health in the Working Environment had been receiving signals about the technical challenges involved in bringing underground mining and tunnel construction in Poland down to 2.5 mg/m³. The issue was reviewed at the Commission’s 113th session on 25 March 2026. The Commission concluded that the technical, technological and organisational measures already under way — implemented in line with best practice and the technologies available for limiting exposure to nitrogen oxide in mine workings and tunnel construction — would make it possible to reach the target value, provided the time allowed for it was extended. As a result, the Commission submitted motion no. 129 to the minister responsible for labour, proposing a three-year extension of the transitional period.
The legal basis for the extension
This flexibility rests on the nature of the indicative value itself. Under recital 7 of Directive (EU) 2017/164, the value set for nitrogen oxide is an indicative occupational exposure limit value (IOELV). This means that member states — taking the EU value into account — set their own national limit values and transitional periods, in line with their own legislation and established practice. That gives Poland the legal room to adjust both the OEL level and the timeline for its implementation. The drafters stress that the proposed change remains fully consistent with EU law.
Nitrogen oxide remains hazardous regardless
None of this changes the hazardous nature of the substance itself. Nitrogen oxide is a methaemoglobin- and nitrosylhaemoglobin-forming substance that harms the respiratory system. Extending the transitional period therefore does not mean giving up on protecting workers’ health — it simply postpones the point at which the sector reaches the stricter, target exposure level. Throughout the transitional period, employers remain obliged to keep within the applicable limit values and to take measures that reduce exposure.
Who does the change affect?
The change will affect a wide group of stakeholders. According to the 2025 Statistical Yearbook of Industry (GUS, Poland’s national statistics office), the regulation affects roughly 1,813 businesses and close to 21,400 workers in the mining and quarrying sector. For employers, this means an extra three years to adapt to the target nitrogen oxide concentration; for workers, it means an extended period under the current NDS and NDSCh values.
Financial and market impact
The financial and market impact of the draft is expected to be neutral. According to the regulatory impact assessment, the regulation’s entry into force will have no financial consequences for the public finance sector, including the state budget or local government budgets. The draft is also not expected to affect the labour market. It is assessed, however, as having a favourable effect on businesses that would otherwise have had to apply the lower value as early as 22 August 2026.
Public consultation
The draft will go through broad public consultation. It will be submitted for opinion to social partners — representative trade unions and employers’ organisations — the Social Dialogue Council, and bodies including the Chief Labour Inspector, the Chief Sanitary Inspector, and the Ombudsman for Small and Medium-Sized Enterprises. As part of the public consultation, expert institutions will also weigh in, including CIOP-PIB (the Central Institute for Labour Protection), the Nofer Institute of Occupational Medicine in Łódź, and industry organisations from the mining sector.
When will it take effect?
The regulation is set to enter into force on the day after its publication. Such a short vacatio legis is justified by how close the current transitional period is to expiring — the amended regulation needs to take effect before 21 August 2026.
What does this mean in practice for employers?
Until 21 August 2029, underground mining and tunnel construction in Poland will continue to operate under an NDS of 3.5 mg/m³ and an NDSCh of 7 mg/m³ for nitrogen oxide. That doesn’t remove the obligation to keep reducing exposure systematically — the extra time should be used to implement the technical and organisational solutions needed to reach the 2.5 mg/m³ target. It’s worth factoring the new timeline into your occupational risk assessment now, along with harmful-factor measurements and investment plans for ventilation and emission control.
A good starting point for checking whether your facility is ready for the target NDS values is an independent OSH audit — it lets you assess the current level of worker exposure and plan adjustments well ahead of the deadline.
