Key Benefits:
The public concerned: workers and employers in the prevention and care sectors.
Subject: Prevention of biological risks in places and establishments where workers are likely to be in contact with perforating objects.
Entry into force: the text comes into force on the day after its publication.
Notice: The purpose of the decree is to provide for specific measures of protection to biological hazards related to perforating objects by transposition of Directive 2010/32/EU implementing the framework agreement on the prevention of sharp objects injuries in the hospital and health sector concluded by HOSPEEM (European Association of Hospital Employers) and FSESP (European Union Federation of Public Services). It also corrects errors in the codification of provisions of Labour code electrical and hyperbaric risks.
References: the provisions of Labour code Amended by this decree may be consulted, in their writing resulting from this amendment, on the website Légifrance (http://www.legifrance.gouv.fr).
The Prime Minister,
On the report of the Minister of Social Affairs and Health and the Minister of Labour, Employment, Vocational Training and Social Dialogue,
Having regard to Directive 2000/54/EC of the Parliament and Council of 18 September 2000 on the protection of workers against exposure to biological agents at work;
Having regard to Council Directive 2010/32/EU of 10 May 2010 implementing the Framework Agreement on the Prevention of Severe Object Injury in the Hospital and Health Sector concluded by the European Association of Hospital Employers and the European Union Federation of Public Services;
Vu le Labour codeincluding articles L. 4111-6 and L. 4421-1;
Vu le general code of territorial authoritiesincluding article L. 2223-19;
Vu le Decree No. 2011-45 of 11 January 2011 concerning the protection of workers involved in the hyperbaric environment;
Having regard to the opinion of the Council on working conditions of 20 February 2013;
Considering the advice of the Local Finance Committee (the Standards Assessment Advisory Board) dated 4 April 2013;
The State Council (Social Section) heard,
Decrete:
After article R. 4424-10 of the Labour Code, an article R. 4424-11 is added as follows:
"Art. R. 4424-11. -In institutions and services involved in prevention and care and in conservation care institutions, measures for the prevention of injuries and the risk of contamination by pathogenic biological agents are determined by a joint decree of ministers in charge of work and health to adapt the protection of workers who may be in contact with perforating objects to the specificities of the activities carried out as well as to the modalities for the use of perforating objects.
"This order specifies the categories of establishments and services involved. For these categories of establishments and services, it also specifies the applicable rules, under Chapter V of this title, for the information and training of workers and for the risks associated with the use of perforating objects, as well as the provisions of Chapter VI of this title applicable to the care of the injured worker in the event of a work accident involving a perforating object and the procedures for the monitoring of such accidents.
"A perforating object means any object or instrument for medical use or necessary for the practice of conservation care, which may cut, perforate, sting, wound and may transmit an infectious agent when stained by blood or any other biological product. It constitutes work equipment within the meaning of Article L. 4311-2. »
I.-To the I of Article R. 4461-19 of the Labour Code, the word "relative." is replaced by the word: "absolute. »
II.-Section 4 of Chapter V of Title III of Book V of Part IV of the Labour Code is replaced by the following:
“Section 4
“Electrical risks
"Subsection 1
"Use of electrical installations
"Art. R. 4535-11.- Independent workers and employers who directly operate on a building and civil engineering site are subject to the provisions of sections R. 4226-1 to R. 4226-21.
"Subsection 2
"Operations on or near electrical installations
"Art. R. 4535-12.-Independent workers or employers who directly operate on a building and civil engineering site, when operating on electrical installations or in their vicinity, have a level of knowledge of the risks associated with electricity and of the measures to be taken to intervene in safety equivalent to that of the workers entrusted to these operations.
“Section 5
« Hyperbaric risk
"Art. R. 4535-13.-The self-employed persons and employers who directly operate on a building and civil engineering site are subject to the provisions of Title VI of Book IV of the Labour Code. »
III. ― The above decree of January 11, 2011 is amended:
1° In the first paragraph of Article 6, the reference: "L. 1424-4" is replaced by the reference: "L. 1424-2";
2° In the first paragraph of Article 7, the words: "R. 4461-8, R. 4461-10 and R. 4461-51 of this Order" are replaced by the words: "R. 4461-9 and R. 4461-49 of this Order." Labour code "
The Minister of Social Affairs and Health and the Minister of Labour, Employment, Vocational Training and Social Dialogue are responsible for the execution of this decree, which will be published in the Official Journal of the French Republic.
Done on 9 July 2013.
Jean-Marc Ayrault
By the Prime Minister:
The Minister of Labour, Employment,
vocational training
and Social Dialogue,
Michel Sapin
Minister of Social Affairs
and Health,
Marisol Touraine
