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Summary

This decree which is taken 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 on the minimum requirements for improving the safety and health protection of workers who may be exposed to the risk of explosive atmospheres in new constructions or developments. The provisions of the Directive itself are incorporated on the one hand: - in Chapter II: Workplace Planning (Fire Prevention); on the other hand: - in Chapter V: Provisions applicable to construction operations in the interest of occupational health and safety. As a result, the transfer of the directive itself consists of two decrees, the first applicable to employers subject to art. L. 231-1 of the Labour Code, the second, the subject of this report, to the owners subject to art. L.235-19, the latter decree requiring the counterseing of the Minister responsible for construction. Act 76-1106 of 06-12-1976, as amended by Act 93-1418 of 31-12-1993, on the development of occupational accident prevention, introduced an article in the Labour Code. L. 235-19, which states: "The masters of work undertaking the construction or development of buildings intended for the exercise of activities referred to in art. L. 231-1" is required to comply with rules enacted to comply with the statutory and regulatory provisions in the interest of occupational health and safety." New provisions to be introduced into the Labour Code will have a general scope. This is why their content remains as close as possible to the requirements of the directive. The purpose of this decree is to impose on the contractors compliance with the requirements relating to the prevention of explosions, as provided for in the draft decree applicable to employers and as long as they relate to the design, construction or development of workplaces. These new provisions are included in chapter V, section IV, title III, of Book II, of the Labour Code, to which a new sub-section - "detonation prevention" is added. Entry into force: 01-07-2003.

Keywords

SOCIAL BUSINESS , WORKING , WORKING , CONSTRUCTION , OVERVIEW , CODE OF THE WORK , EXPLOSION , PREVENTION , INCENDED , HYGIENE , SECURITY , WORKING PROTECTION , EXPLOSIVE , EVATED , REGULATION ,

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JORF n°303 of 29 December 2002 page 21940
text No. 9



Decree No. 2002-1554 of 24 December 2002 on provisions concerning the prevention of explosions to be observed by the contractors during the construction of the workplace and amending chapter V of title III of Book II of the Labour Code (Part Two: Decrees in the 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

The Prime Minister,
On the report of the Minister of Social Affairs, Labour and Solidarity, the Minister of Equipment, Transport, Housing, Tourism and the Sea and the Minister of Agriculture, Food, Fisheries and Rural Affairs,
Considering Directive 1999/92/EC of the European Parliament and the Council of 16 December 1999 on minimum requirements for improving the safety and health protection of workers at risk of explosive atmospheres;
Considering the Labour Code, including Article L. 235-19;
Considering the opinion of the National Commission for Hygiene and Safety of Work in Agriculture of 3 July and 30 October 2001;
Having regard to the advice of the Higher Council for Occupational Risk Prevention of 19 December 2001;
Considering the opinion published in the Official Journal of the French Republic of 21 November 2001 for consultation with interested professional organizations;
The State Council (Social Section) heard,
Decrete:

Article 1 Learn more about this article...

Section IV of Chapter V of Title III of Book II of the Labour Code (Part Two: Decrees in the Council of State) is amended as follows:
1° The title is thus written: "Section IV Fire and explosion prevention - Evacuation".
2° Article R. 235-4-17 becomes Article R. 235-4-18;
3° Sub-section 8, "Implementation Measures" becomes subsection 9 and includes section R. 235-4-18.

Article 2 Learn more about this article...

Section IV of chapter V of title III of Book II of the Labour Code reads as follows:

"Subsection 8

“Prevention of explosions

"Art. R. 235-4-17. - Establishments shall be designed and carried out so that they can comply with the provisions of articles R. 232-12-23 to R. 232-12-29. »

Article 3 Learn more about this article...

The provisions of this Decree shall enter into force on 1 July 2003.
However, the provisions of this Decree shall not apply:
1° Construction or construction operations for which the building permit application is prior to July 1, 2003;
2° Operations that do not require a building permit, where the start of the work is prior to the same date.

Article 4 Learn more about this article...

The Minister of Social Affairs, Labour and Solidarity, the Minister of Equipment, Transport, Housing, Tourism and the Sea, and the Minister of Agriculture, Food, Fisheries and Rural Affairs are responsible, each with respect to it, for the execution of this Order, which will be published in the Official Journal of the French Republic.

Done in Paris, December 24, 2002.

Jean-Pierre Raffarin

By the Prime Minister:

Minister of Social Affairs,

and solidarity,

François Fillon

Minister of Equipment, Transportation,

housing, tourism and the sea,

Gilles de Robien

Minister of Agriculture, Food,

and Rural Affairs,

Hervé Gaymard

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