Summary this Decree which was adopted in application of art. L. 235-19 of the above-mentioned code is intended to transpose directive 1999/92 of the European Parliament and of the Council of 16-12-1999 concerning minimum requirements for improving the safety and health protection of workers likely to be exposed to the risk of explosive atmospheres in new construction or new developments. The provisions of the directive itself are integrated on the one hand:-chapter II: development of the places of work (fire prevention); on the other hand:-in chapter V: provisions applicable to the construction operations in the interest of hygiene and safety of work. Therefore, the transposition of the directive itself contains two decrees, the first applicable to employers subject to art. L. 231-1 of the labour code, the second purpose of this report, owners subject to art. L.235 - 19, this last decree requiring the countersignature of the Minister in charge of the construction. The 76-1106 Act of 06 - 12-1976, amended by Act 93-1418 of 31-12-1993, on the development of the accident prevention work introduced in the labour code art. L. 235-19, which States: "owners undertaking the construction of or conversion of buildings to the exercise"of the activities mentioned in art. "L. 231-1" are required d to comply with rules enacted to comply with legislative and regulatory provisions laid down in the interests of hygiene and safety of work ". The new provisions to be introduced into the labour code, will be General in scope. That is why their content remains as close as possible to the requirements of the directive. This order is intended to compel owners respect the requirements for the prevention of explosions, as provided for by the draft decree applicable to employers and as they relate to the design, construction or planning of workplaces. These new provisions are included in section IV of chapter V of title III of book II of the labour code, to which a new sub-section - "prevention of explosions" is added. Effective date: 01-07-2003.
Keywords Social Affairs, work, workplace, CONSTRUCTION, contracting authority, the labour CODE, EXPLOSION, PREVENTION, fire, health, safety, PROTECTION of worker, EXPLOSIVE ATMOSPHERE, EVACUATION, regulations, PRESCRIPTION technology, harmonization European JORF n ° 303 of December 29, 2002 page 21940 text no. 9 Decree No. 2002-1554 of 24 December 2002 on provisions concerning the prevention of explosions that must observe the contractors during the construction of workplaces and amending chapter V of title III of book Part II of the second labour code: decrees in Council of State) NOR: SOCT0211902D ELI: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/SOCT0211902D/jo/texte Alias: https://www.legifrance.gouv.fr/eli/decret/2002/12/24/2002-1554/jo/texte Prime Minister, on the report of the Minister of Social Affairs, labour and solidarity, the Minister of equipment, transportation, housing, tourism and the sea, and the Minister of agriculture food, fisheries and Rural Affairs, having regard to directive 1999/92/EC of the European Parliament and of the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers likely to be exposed to the risk of explosive atmospheres;
Having regard to the code of labour, including article l 235 - 19;
Having regard to the opinion of the National Commission for occupational health and safety in agriculture dated 3 July and October 30, 2001;
Having regard to the opinion of the High Council for the prevention of occupational risks dated December 19, 2001;
Having regard to the opinion published in the Official Journal of the French Republic of 21 November 2001 for consultation with the professional organizations concerned;
The Council of State (social section) heard, enacts as follows: Article 1 more on this article...
Section IV of chapter V of title III of book II of the second labour code part: decrees in Council of State) is amended as follows: 1 ° the title reads as follows: "Section IV Prevention of fires and explosions - Evacuation".
2 ° article r. 235-4-17 becomes article r. 235-4-18;
3 ° the 8 subsection titled "Implementing measures" becomes the sub-section 9 and includes article r. 235-4-18.
Article 2 more on this article...
Is inserted in section IV of chapter V of title III of book II of the labour code, after subsection 7, a 8 sub-section as follows: "subsection 8 ' Prevention of explosions «Art»» R. 235-4-17. -The institutions must be designed and manufactured so as to comply with the provisions of articles r. 232-12-23 to r. 232-12-29. ' Article 3 more on this article...
The provisions of this Decree will come into force July 1, 2003.
However, the provisions of this Decree shall not apply: 1 ° to construction or building operations for which the request of building permits is prior to July 1, 2003;
2 ° to operations not requiring a building permit, when prior to that date the beginning of the work.
Article 4 more on this article...
The Minister of Social Affairs, labour and solidarity, the Minister of equipment, transportation, housing, tourism and the sea, and the Minister of agriculture, food, fisheries and Rural Affairs are responsible, each in relation to the implementation of this Decree, which shall be published in the Official Journal of the French Republic.
Done at Paris, on December 24, 2002.
Jean-Pierre Raffarin by the Prime Minister: Minister of Social Affairs, labour and solidarity François Fillon Minister of equipment, transportation, housing, tourism and the sea, Gilles de Robien the Minister of agriculture, food, from fishing and Rural Affairs Hervé Gaymard