Key Benefits:
The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity and the Minister of Agriculture, Food, Fisheries and Rural Affairs,
Having regard to Council Directive 98/24/EC of 7 April 1998 on the protection of workers' health and safety from the risks associated with chemical agents in the workplace (fourteenth special directive within the meaning of Article 16, paragraph 1, of Directive 89/391/EEC);
In light of Council Directive 1999/38/EC of 29 April 1999, amending Directive 90/394/EEC on the protection of workers against exposure to carcinogenic agents at work, extending it to mutagenic agents;
Considering the Labour Code, including articles L. 231-2 and L. 231-7;
Having regard to amended Decree No. 82-397 of 11 May 1982 concerning the organization and operation of medical services in agriculture;
Considering the opinion of the National Commission for Hygiene and Safety of Work in Agriculture of 30 October 2001;
Considering the opinion of the Higher Council for the Prevention of Occupational Risk of 5 December 2001;
After consultation with professional organizations of employers and interested workers;
The State Council (Social Section) heard,
Decrete:
The provisions of articles R. 231-54 to R. 231-54-9 of the Labour Code are replaced by the following provisions:
"Art. R. 231-54. - The provisions of this subsection are not applicable to activities in which workers are exposed or likely to be exposed during their work to hazardous carcinogenic, mutagenic or toxic chemical agents for reproduction defined in R. 231-56, with the exception of the provisions set out in R. 231-54-1, R. 231-54-7, R. 231-54-17, R. 231-54-14, R.
"Art. R. 231-54-1. - For the purposes of this section, are considered to be:
« 1° Activity involving chemical agents: any work in which chemical agents are used or intended to be used in any process, including production, handling, storage, transport, disposal and processing, or in which such agents are produced;
« 2° Chemical agent: any chemical component or compound, either in the state or in the form of a preparation, such as it is in the natural state or as it is produced, used or released, in particular in the form of waste, as a result of a professional activity, whether intentionally produced or not and whether or not it is placed on the market;
« 3° Hazardous chemical agent:
“(a) Any chemical that meets the classification criteria for hazardous substances or preparations as defined in R. 231-51;
“(b) Any chemical agent who, although not meeting the classification criteria, in the state or within a preparation, may present a risk to the safety and health of workers due to its physico-chemical, chemical or toxicological properties and the terms of its presence in the place of work or its use, including any chemical agent for which provisions made under 2° of Article L. 231-2 and Limit 23
« 4° Danger: intrinsic property of a chemical agent likely to have a harmful effect;
« 5° Risk: probability that the potential of nuisance is achieved under the conditions of use and/or exposure;
« 6° Health Surveillance: Assessing the health status of a worker based on exposure to specific chemical agents in the workplace;
« 7° Biological limit value: concentration limit in the appropriate biological environment of the agent concerned, its metabolites or an effect indicator;
« 8° Limit value of occupational exposure: unless otherwise specified, the limit of the weighted average according to the time of concentration of a hazardous chemical in the air of a worker's breathing area during a specified reference period.
"Art. R. 231-54-2. - For any activity likely to pose a risk of exposure to hazardous chemical agents within the meaning of section R. 231-54-1, the employer shall, in accordance with the provisions of section L. 230-2, carry out an assessment of the risks to the health and safety of workers. This assessment is periodically renewed, particularly in the context of any significant changes in the conditions that may affect the health or safety of these.
"I. - To ensure this assessment, the employer takes into account, inter alia:
« 1° The hazardous properties of chemical agents present at the workplace;
« 2° Health and safety information provided by the chemical supplier pursuant to articles R. 231-51, R. 231-53 and R. 231-53-1;
« 3° Additional information required from the supplier or other readily accessible sources;
« 4° Nature, degree and duration of exposure;
« 5° The conditions under which activities involving chemical agents take place, including the number and volume of each of them;
« 6° Limit values of occupational exposure and biological limit values established under articles L. 231-2 and L. 231-7;
« 7° The effect of prevention measures taken or to be taken on chemical risk;
« 8° The conclusions provided by the occupational health and safety supervisor;
« 9° Work conducted and proposed by occupational risk prevention stakeholders referred to in R. 241-1-1.
“II. - Risk assessment includes all activities within the company or facility, including maintenance and maintenance. In the case of activities involving exposure to several hazardous chemical agents, the evaluation takes into account the combined risks of all these agents.
"A new activity involving hazardous chemical agents can only be undertaken after the assessment of risks and the implementation of appropriate preventive measures.
"The results of the risk assessment are documented in the single document provided for in section R. 230-1.
"Art. R. 231-54-3. - The employer defines and applies preventive measures to remove or minimize the risk of exposure to hazardous chemical agents:
« 1° By designing and organizing appropriate working methods;
« 2° By providing adequate equipment for operations involving hazardous chemical agents and regular maintenance procedures that protect the health and safety of workers;
« 3° By minimizing the number of workers exposed or likely to be exposed, taking into account the risks incurred by an isolated worker;
« 4° Minimizing the duration and intensity of exposure;
« 5° By imposing appropriate hygiene measures;
« 6° By minimizing the amount of chemical agents present in the workplace for the type of work involved;
« 7° By designing adequate work procedures, including safety provisions for the handling, storage and transport of hazardous chemicals and wastes containing such agents at the workplace.
"Art. R. 231-54-4. - I. - The employer shall ensure that workers as well as the hygiene, safety and working conditions committee or, if not, staff delegates:
« 1° Receive information in appropriate and regularly updated forms on hazardous chemical agents in the workplace, such as their names, risks to safety and health, and, where appropriate, the limit values of occupational exposure and the biological limit values applicable to them;
« 2° Access to the safety data sheets provided by the chemical agent supplier;
« 3° Training and information on the precautions to be taken to ensure their protection and that of other workers present in the workplace. In particular, they need to be notified of the hygiene measures to be followed and the use of personal protective equipment.
“II. - The results of the chemical risk assessment referred to in R. 231-54-2 are communicated, in an appropriate form, to the hygiene, safety and working conditions committee or, if not, to staff delegates and, in the absence of staff representation, to any worker involved in the company and to the occupational doctor. This communication intervenes, in particular, following the update of the results of the evaluation or any significant changes in the methods and working conditions that may affect the health and safety of workers.
"Art. R. 231-54-5. - If the results of the assessment under section R. 231-54-2 reveal a health and safety risk to workers, the employer shall implement the provisions set out in sections R. 231-54-6 to R. 231-54-16.
"However, these provisions are not applicable when these results show that the quantities in which a hazardous chemical is present in the workplace are at a low risk to the health and safety of workers and that prevention measures taken in accordance with the provisions of articles L. 230-2 and R. 231-54-3 are sufficient to reduce this risk.
"The provisions set out in sections R. 231-54-6 to R. 231-54-16 shall apply in all cases to the production, manufacture or use at work of hazardous chemical agents subject to a prohibition measure under section L. 231-7.
"Art. R. 231-54-6. - The risk of a hazardous chemical to the health and safety of workers must be removed.
"In case of impossibility, the risk is reduced to a minimum by:
« 1° The substitution of a hazardous chemical by another chemical agent or by a non-hazardous or less dangerous process;
« 2° Where substitution is not possible with respect to the nature of the activity and the risk assessment, the following measures are implemented by order of priority:
“(a) Design of appropriate work processes and technical controls and the use of adequate equipment and equipment to avoid, or minimize the release of hazardous chemical agents that may pose risks to the health and safety of workers in the workplace.
“(b) Application, at the source of risk, effective measures of collective protection, such as good ventilation, and appropriate measures of organization of work.
"(c) Implement, if the exposure cannot be reduced by other means, individual protection measures, including those relating to the use of personal protective equipment.
"Art. R. 231-54-7. - The employer takes technical measures and defines appropriate work organisation measures to ensure the protection of workers against the dangers arising from chemical and physico-chemical properties of chemical agents. These measures include the storage, handling and isolation of incompatible chemical agents. To this end, it shall take measures to prevent the presence in the workplace of hazardous concentrations of flammable substances or dangerous quantities of unstable chemical substances.
"When the measures set out in the preceding paragraph are not feasible with respect to the nature of the activity, the employer shall, in order of priority, take the necessary steps to:
« 1° Avoid the presence in the workplace of sources of ignition that may cause fires or explosions, or the existence of unfavourable conditions that may render substances or mixtures of unstable chemicals that may have dangerous physical effects;
« 2° To mitigate the harmful effects on the health and safety of workers in the event of fire or explosion resulting from ignition of flammable substances, or hazardous effects due to substances or mixtures of unstable chemical substances.
"Art. R. 231-54-8. - Collective protection facilities and appliances must be regularly checked and maintained in perfect working condition. The results of the audits are recorded under the conditions set out in section L. 620-6.
"In addition, a notice, prepared by the employer, after the advice of the hygiene, safety and working conditions committee or, if not, staff delegates, sets out the conditions for the maintenance of facilities and equipment for collective protection and the procedures to be implemented to ensure their monitoring, including for detecting possible failures and eliminating them.
"Art. R. 231-54-9. - The employer is required to maintain personal protective equipment and working clothing.
"When the maintenance is carried out outside the facility, the head of the transport and maintenance company is informed of the possibility and nature of the contamination and its hazards in accordance with the provisions of section R. 237-2.
"The transport of contaminated clothing is carried out in safe and identifiable containers.
"Art. R. 231-54-10. - The employer is required, for all activities with a risk of exposure to hazardous chemical agents, to provide appropriate hygiene measures so that workers do not eat, drink and smoke in the work areas concerned.
"Art. R. 231-54-11. - The employer proceeds on a regular basis, and in any change in conditions that may affect the exposure of workers to chemical agents, to the concentration measures of chemical agents that may pose a risk to the health and safety of workers.
"When the limit values of occupational exposure have been established for a hazardous chemical under sections L. 231-2 and L. 231-7, the employer conducts regular controls, especially in any change that may have a negative impact on the exposure of workers.
"Any exceedance of the limits of occupational exposure set out in I or II of Article R. 232-5-5 shall without delay result in a new control; if the overtaking is confirmed, preventive and protective measures to remedy the situation are implemented.
"The exceedance of the indicative occupational exposure limit values set out in Article III R. 232-5-5 is taken into account to assess the need for a new exposure risk assessment.
"An order of Ministers responsible for labour and agriculture specifies the methods of sampling, methods and means to be implemented in order to assess exposure by inhalation to hazardous chemical agents present in the air of the workplace.
"Art. R. 231-54-12. - Access to workplaces where hazardous chemical agents are used must be limited to persons whose mission requires it.
"These premises are subject to appropriate signalling, inter alia, recalling the prohibition to enter the premises without cause of service and the existence of a risk of dangerous emissions to health, including accidental.
"Art. R. 231-54-13. - I. - Alarm systems and other communication systems must be installed to allow, in the event of an accident, incident or emergency due to the presence of hazardous chemical agents in the workplace, an appropriate response, immediate implementation, as appropriate, of the necessary measures and the initiation of relief, evacuation and rescue operations.
"The measures to be implemented in one of the cases referred to in the previous paragraph and, in particular, the rules for the evacuation of staff are defined in writing.
"Appropriate first-aid facilities must be made available.
"Relevant security exercises are organized at regular intervals.
“II. - When one of the situations set out in I of this section occurs, the employer shall immediately take steps to mitigate its effects and inform workers.
"To remedy this situation as quickly as possible and to restore a normal situation, the employer is implementing the appropriate measures.
"Only workers required to perform repairs or other necessary work are allowed to work in the affected area. They must have appropriate personal protective equipment that they are required to use during the duration of their intervention. In any case, the exposure of workers cannot be permanent and must be limited to the strict necessary.
"Unprotected persons are not allowed to stay in the affected area.
"III. - The employer ensures that information relating to emergency measures related to hazardous chemical agents is available, including for internal or external response services, which are competent in the event of an accident or incident.
"This information must include:
« 1° Prior mention of the hazards of activity, hazard identification measures, precautions and relevant procedures so that emergency services can prepare their own procedures and precautionary measures;
« 2° Any information available on hazards that may arise in an accident or emergency;
« 3° The measures defined pursuant to I of this article.
"Art. R. 231-54-14. - The employer shall prepare a notice for each workstation or work situation that exposes workers to hazardous chemical agents; This notice, updated as necessary, is intended to inform workers of the risks to which their work can expose them and the measures taken to avoid them. It recalls the applicable hygiene rules and, where applicable, instructions on the use of collective or individual protective equipment.
"Art. R. 231-54-15. - The employer maintains an updated list of workers exposed to highly toxic, toxic, harmful, corrosive, irritating, sensitivizing, and to carcinogenic, mutagenic and toxic agents for reproduction for which the provisions of subsection 6 of this section are not applicable. The nature of the exposure, its duration, and its degree, as known by the results of the controls performed, are specified on this list. »
"It establishes for each of these workers an exhibition sheet including the following information:
“(a) The nature of the work performed, the characteristics of the products, the periods of exposure and other risks or nuisances of chemical, physical or biological origin of the workstation;
“(b) The dates and results of exposure controls at the workstation as well as the duration and importance of accidental exposures.
"Each worker concerned is informed of the existence of the exhibit sheet and has access to the information about it.
"Double of this sheet is transmitted to the work doctor.
"Without prejudice to the provisions of Article L. 236-3, the information referred to above shall be identified by working station and shall be made available to members of the hygiene, security and working conditions committee or, if not, staff delegates.
"Art. R. 231-54-16. - I. - (a) A worker may not be assigned, by the employer, to work exposing him to hazardous chemical agents, referred to in the first paragraph of section R. 231-54-15, unless he has been subjected to a preliminary examination by the occupational physician and if the fitness sheet, established pursuant to section R. 241-57 or the employee of section 40 of Decree No. 82-397 of 11 May 1982
"This sheet shows the date of the study of the workstation and the date of the last update of the business card.
"The medical examination conducted, as provided in the first paragraph above, includes a general clinical examination and, depending on the nature of the exposure, one or more additional specialized examinations to which the occupational physician conducts or conducts. These reviews are the responsibility of the employer.
"This fitness sheet is renewed at least once a year, after examination by the occupational doctor.
"Each worker is informed by the doctor of the results and interpretation of the general and complementary medical examinations he has received.
"The worker or the employer may challenge any mentions made on the suit sheet, within fifteen days of its issuance, to the Labour Inspector. The latter shall rule after the advice of the Regional Inspector of Labour and Labour, who may make additional examinations at the employer's expense by the specialists of his choice.
"If, in view of the medical examinations that have been performed, the occupational physician considers that a biological limit value established under sections L. 231-2 and L. 231-7 is likely to be exceeded, given the nature of the work entrusted to a worker, he shall inform the worker.
"In the event of an overtaking, the occupational physician, if he considers that this overtaking is the result of the occupational exposure, informs the employer in a non-nominative form, in order to enforce the provisions set out in sections R. 231-54-2, R. 231-54-3 and R. 231-54-6.
“(b) Apart from periodic visits, the employer is required to have the occupational doctor examine any worker who claims to be inconvenienced by work that he performs. This examination may be performed at the worker's request.
"(c) The technical instructions, specifying the terms and conditions of the examinations referred to in the third paragraph of I above, to be followed by the medical supervision of workers exposed to hazardous chemical agents, are defined, as appropriate, by decree of ministers responsible for labour and agriculture.
"(d) The occupational physician is informed by the employer of the absence of workers exposed to chemical agents referred to in the first paragraph of section R. 231-54-15 for a period of more than 10 days.
“II. - If a worker is affected by occupational disease, illness or an abnormality that may result from exposure to hazardous chemical agents, the occupational doctor determines the relevance and nature of the examinations that may be required for other exposed personnel.
"In these cases, in accordance with the provisions of Articles R. 231-54-2, R. 231-54-3 and R. 231-54-6, with a view to ensuring better protection of workers' health and safety, a new risk assessment shall be carried out.
"III. - The occupational doctor shall, for each worker exposed to hazardous chemical agents defined in I (a) of this article, constitute and maintain an individual record containing:
« 1° A copy of the exhibit sheet provided for in R. 231-54-15;
« 2° The dates and results of additional medical examinations conducted under the third paragraph of I and the first paragraph of II of this article.
"IV. - The medical record must be kept for at least fifty years after the end of the exposure period under the conditions provided for in article R. 241-56 or article 39 of Decree No. 82-397 of 11 May 1982 concerning the organization and operation of the medical services of work in agriculture.
"This file is communicated, upon request, to the Regional Inspector of Labour and Labour and may be sent, with the consent of the worker, to a doctor of his choice.
"If the establishment has disappeared or if the worker changes the establishment, the entire case is transmitted to the Regional Inspector of Labour and Labour, who is responsible for the worker to address it, at the worker's request, to the now competent working physician.
"V. - A certificate of exposure to hazardous chemical agents as defined in I (a) of this section, completed by the employer and the occupational physician, is given to the worker at his departure from the facility, regardless of the reason.
"Art. R. 231-54-17. - Specific requirements under Article L. 231-2 and Article L. 231-7 determine, where applicable, the biological limit values not to exceed for certain chemical agents.
"Joint orders from the Minister for Labour and the Minister for Agriculture set out methods for measuring compliance with biological limits. »
Sub-section 6 of chapter I, section V, title III, of Book II is amended as follows:
I. - Article R. 231-56-1 is amended as follows:
1° In the first paragraph of article I, the words "Without prejudice to the provisions of articles R. 231-54 and R. 231-54-1" are deleted.
2° After the second paragraph of I, it is added a subparagraph as follows:
"A new activity involving carcinogenic, mutagenic or toxic agents for reproduction can only be undertaken after carrying out the risk assessment and implementation of appropriate preventive measures. »
3° The last paragraph of I is supplemented by the following:
"The results of the risk assessment are documented in the single document provided for in section R. 230-1. »
II. - Article II R. 231-56-2 reads as follows:
“II. - The employer shall record the outcome of its investigations in the single document provided for in section R. 230-1."
III. - In article R. 231-56-3, is inserted after the III one IV as follows:
"IV. - Where a carcinogenic, mutagenic or toxic agent for reproduction presents other hazards, the employer shall also implement appropriate measures to remove or reduce other risks resulting from the use of this product. »
IV. - Section R. 231-56-4-1 is amended as follows:
1° It is inserted in the first paragraph of this article:
"The employer regularly conducts the concentration measures of carcinogenic, mutagenic or toxic agents for reproduction. »
2° III and IV of this article, respectively, become IV and V.
3° It is inserted after the II of this article a III as follows:
"III. - The exceedance of the indicative occupational exposure limit values referred to in Article III R. 232-5-5 is taken into account to assess the need for a new exposure risk assessment. »
V. - In the fourth paragraph of Article R. 231-56-5, the word "work" is replaced by the word "maintain".
VI. - It shall be inserted before the last paragraph of Article R. 231-56-11, two paragraphs as follows:
"If, in view of the medical examinations that have been performed, the occupational physician considers that a biological limit value established under sections L. 231-2 and L. 231-7 is likely to be exceeded, given the nature of the work entrusted to a worker, he shall inform the worker.
"In the event of an overtaking, the occupational physician, if he considers that this overtaking is the result of the occupational exposure, shall inform the employer in a non-nominative form, in order that the employer apply the provisions set out in sections R. 231-56-1, R. 231-56-3, R. 231-56-4-1 and R. 231-56-8. »
Sub-section 8 of chapter I, section V, title III, of Book II is amended to read:
I. - The provisions of section R. 231-58 are replaced by the following provisions:
"Art. R. 231-58. - Concentrations in benzene, wood dust, vinyl chloride and metal lead and its compounds present in the atmosphere of the workplace shall not exceed the limits of professional exposure defined below:
You can see the table in the OJ
n° 300 of 28/12/2003 page 22329 to 22334
II. - Three articles were added R. 231-58-4, R. 231-58-5 and R. 231-58-6 as follows:
"Art. R. 231-58-4. - The use of lead hydrocarbonate, lead sulfate and any preparation containing one of these substances is prohibited in all paint work.
"Art. R. 231-58-5. - The workers exposed to lead or its compounds must have two communal dressing rooms located near the exit of the establishment, the first being exclusively reserved for the storage of city clothes and the second to the storage of working clothes, as well as showers ensuring communication between the two lockers.
"The employer ensures that exposed workers only access the second dressing room after they have placed their city clothes in the first dressing room and enter the latter, after any intervention the lead exhibitors and their compounds, only after their passage into the shower facilities.
"The employer ensures that workers do not eat and smoke in workwear. Workers must eat in city clothing or wear a disposable combination provided by the employer.
"When the washing of working clothes is carried out by an outside company, these clothes are carried in closed containers, with a clearly legible display indicating the presence of lead, without prejudice to the provisions set out in R. 231-56-8.
"Art. R. 231-58-6. - I. - Special medical supervision of workers is ensured if exposure to lead concentration in air is greater than 0.05 mg/m3, calculated as a time-weighted average on an eight-hour basis, or if a leademia greater than 200 μg/l of blood for men or 100 μg/l of blood for women is measured in a worker.
“II. - The biological limit value not to exceed is 400 micrograms of lead per litre of blood for men and 300 micrograms of lead per litre of blood for women. »
The following articles of the Labour Code are amended:
I. - Article R. 232-5-5 of the Labour Code is amended as follows:
(a) At the top of the first paragraph is added a "I. -".
(b) It is added a "II. -" at the top of the second paragraph.
(c) At 1° and 2°, after the word "limits", the words "not to exceed".
(d) It is added a last paragraph as follows:
"III. - Limit values of indicative occupational exposure, constituting prevention objectives, can be set by decree of ministers responsible for labour and agriculture. »
II. - Section R. 232-5-7 of the Labour Code is amended as follows:
(a) In the first paragraph, before the words: "when production techniques permit", the words are added: ", including, by the implementation of humidification processes in the event of a risk of particle suspension."
(b) In the fourth paragraph, the words "in R. 232-5" are replaced by the words "in I and II of R. 232-5-5".
III. - In the last paragraph of Article R. 232-5-8 of the Labour Code, the words "in Article R. 232-5-5" are replaced by the words "in I and II of Article R. 232-5-5".
I. - Amended Decree No. 88-120 of 1 February 1988 on the protection of workers exposed to metal lead and its compounds is repealed from the date of entry into force of this Decree.
II. - The provisions of article R. 231-58-5 of the Labour Code shall enter into force on the first day of the seventh month following the publication of this decree in the Official Journal of the French Republic.
III. - The biological limit value referred to in Article R. 231-58-6 of the same code is fixed:
- until 31 December 2003, at 700 micrograms of lead per litre of blood taken;
- from 1 January 2004 to 31 December 2005, to 500 micrograms of lead per litre of blood collected.
IV. - Provisions, including transitional measures, relating to the limit value of occupational exposure to wood dust set out in article R. 231-58 of the same code shall enter into force on the first day of the seventh month following the publication of this decree in the Official Journal of the French Republic.
The Minister of Social Affairs, Labour and Solidarity and the Minister of Agriculture, Food, Fisheries and Rural Affairs are responsible, each with respect to it, for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done in Paris, December 23, 2003.
Jean-Pierre Raffarin
By the Prime Minister:
Minister of Social Affairs,
and solidarity,
François Fillon
Minister of Agriculture, Food,
and Rural Affairs,
Hervé Gaymard
