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Order Of November 27, 2013 On Enterprises Involved In Establishments Carrying On Nuclear Activities And Temporary Employment Undertakings Concerned By These Activities

Original Language Title: Arrêté du 27 novembre 2013 relatif aux entreprises intervenant au sein d'établissements exerçant des activités nucléaires et des entreprises de travail temporaire concernées par ces activités

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JORF n°0288 of 12 December 2013 page 20233
text No. 20



Judgment of 27 November 2013 on companies involved in nuclear and temporary work establishments affected by these activities

NOR: ETST1328293A ELI: https://www.legifrance.gouv.fr/eli/arrete/2013/11/27/ETST1328293A/jo/texte


Publics concerned: external or building companies and public works involved in basic nuclear facilities or an individual facility within the scope of a secret base nuclear facility to carry out certain work and temporary work enterprises providing workers with the opportunity to carry out such work, certifying bodies and the French Accreditation Committee.
Purpose: In co-activity situations, in order to ensure the effective protection of workers against radiation risks, this Order sets out the specific requirements for the organization of work and the radiation protection of workers. This decree defines the certification procedure required for the companies concerned.
Entry into force: the order will come into force on July 1, 2015.
References: this order is taken in application of thearticle R. 4451-124 of the Labour Code. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Minister of Labour, Employment, Vocational Training and Social Dialogue and the Minister of Agriculture, Agri-Food and Forestry,
Vu le Labour codeincluding articles R. 4451-8 to R. 4451-11, R. 4451-32, R. 4451-122 to R. 4451-124 and R. 4511-1 to R. 4513-13;
Vu le Public Health Codeincluding article L. 1333-1;
Vu le Defence codeincluding his article R.* 1333-40;
Vu le Decree No. 2008-1401 of 19 December 2008 on Accreditation and Compliance Assessment under theArticle 137 of Act No. 2008-776 of 4 August 2008 modernization of the economy;
Having regard to the 15 May 2006 decision on the conditions for delimitation and signalling of controlled and controlled areas and specially regulated or prohibited areas, taking into account exposure to ionizing radiation, as well as the rules of hygiene, security and maintenance imposed on them, including its Article 13;
Having regard to the advice of the Council on working conditions dated 16 January 2013;
Considering the opinion of the Nuclear Safety Authority of 6 June 2013;
Considering the opinion of the Institute of Radiation Protection and Nuclear Safety of 27 July 2012,
Stop:

Article 1 Learn more about this article...


External companies in the sense ofArticle R. 4511-1 of the Labour Code and the undertakings performing the work referred to in Article R. 4534-1 of the same code must have obtained the certificate provided for in Article R. 4451-122 to carry out the activities defined in Article 2, where they are carried out within the scope of a basic nuclear facility referred to in theArticle L. 593-2 of the Environmental Code or an individual facility within the scope of a secret basic nuclear facility mentioned at theArticle R.* 1333-40 of the Defence Code. These companies are targeted regardless of their rank in the subcontracting chain.
Are also subject to the certification requirement temporary work undertakings as defined in thearticle R. 4451-123 of the Labour Code making available to workers for the implementation of these activities.
For the purpose of this Order, the following means:
― "reception business" the user company targeted to theArticle R. 4511-1 of the Labour Code or the owner as defined in section R. 4532-4 of the same code or the principal contractor in the event of subcontracting;
"the company subject to the certification obligation" the companies referred to in the first and second paragraphs.

Article 2 Learn more about this article...


The activities or categories of activities provided for in the 3rd of Article R. 4451-124 are defined as such: any conduct of maintenance or intervention work or implementing devices emitting ionizing radiation in specially regulated or prohibited areas defined at theArticle R. 4451-20 of the Labour Code and in the areas of operation defined in Article 13 of the above-mentioned Order of 15 May 2006.
Certification is exempted from undertakings engaged in intellectual services of expertise, audit, inspection, communication or training and the organizations referred to in section R. 4451-32 responsible for conducting technical inspections, provided that their activity does not alter the conditions of exposure.
For the purpose of this Order, "operation" means the realization of one or more of the activities referred to in the first paragraph.

Article 3 Learn more about this article...


The purpose of the certificate referred to in Article 1 is to attest to the ability of the company concerned to implement and maintain a management system that guarantees the protection of workers when performing ionizing radiation operations. This certificate aims, in the field of radiation protection, to ensure the company's ability to develop and implement risk assessment approaches, to deploy the necessary skills in operations to ensure the health protection and safety of workers, to organize operations, to optimize exposures in accordance with the safety and security of workersArticle R. 1333-59 of the Public Health Code and to analyze and take into account feedback.
For this purpose, the head of the company subject to the certification obligation demonstrates its ability to implement, in the light of the nature and importance of risk, the measures provided for in the prevention plan referred to in section R. 4512-8 and, as the case may be, those provided for in the particular safety and health protection plan referred to in section R. 4532-64.
Specific requirements for external companies or temporary work enterprises are specified in annexes 1 and 2.

Article 4 Learn more about this article...


The certificate shall be issued in accordance with the French-language certification framework established by a certifying body accredited in accordance with the terms and conditions set out in Article 5.
Appendix 3 defines the company's certification procedure, including the number, duration and periodicity of certification audits.
In this context, with the exception of temporary work undertakings, are subject to a supplementary transaction audit:
- companies in which the annual collective dose related to the activities covered by this Order is greater than 250 men.millisieverts over the last twelve months or of which at least ten workers have received an individual effective dose over the last twelve months greater than ten millisieverts (10 mSv);
as well as companies carrying out the following activities:
- decontamination and operations related to the packaging and disposal of radioactive waste and effluent produced;
- industrial radiology;
– manipulation of high activity sealed sources within the meaning ofArticle R. 1333-33 of the Public Health Code.

Article 5 Learn more about this article...


The certifying bodies are accredited in accordance with the terms and conditions set out in theArticle R. 4724-1 of the Labour Code. They are deemed to comply with the requirements of this Order if they are accredited in accordance with the NF EN ISO/CEI 17 021. – Assessment of compliance. ― Requirements for organizations conducting the audit and certification of management systems, subject to the completion of the requirements set out in this Order.
As soon as they receive a positive decision on operational admissibility by the French Accreditation Committee, the certifying bodies begin their business certification activity.
Accreditation must be obtained within a maximum of one year from the notification of positive operational admissibility.
In the event of a suspension of accreditation, the certifying body is no longer authorized to issue certificates until the suspension of accreditation is lifted by COFRAC.
In the event of withdrawal of accreditation, the certifying body is no longer authorized to issue certificates. The companies concerned are directed to another certifying body to transfer their certificates, if any.
In the event of termination of activity of the certifying body, the companies concerned are directed to another certifying body in order to transfer, where appropriate, their certificate.

Article 6 Learn more about this article...


The certifying body shall make available to the public the directory of companies that it has certified under this Order, at least through a website. This directory shows the list of companies whose certification is suspended.
On the basis of the information provided by the companies concerned, the certifying body shall, on an annual basis, address to the Ministry of Labour and, as the case may be, to the Nuclear Safety Authority or the delegate to nuclear safety and radiation protection for activities and facilities relevant to the defence referred to in theArticle R.* 1412-1 et seq. of the Defence Code an activity report including information on the typology of certified companies:
- the number of companies certified by type of activity and by type of certification (submitted or not to the requirement for an audit of operation);
– the total number of workers and the number of workers classified as A or B, divided according to their category;
― the statistical synthesis of the deviations observed by the certifying body;
– the number of certified companies that have been suspended or withdrawn from the certification and the motivations.
The model of this report, which includes, inter alia, a synthesis of developments over the past five years, is set out in annex 4.

Article 7 Learn more about this article...


No later than 1 July 2015, the activities referred to in Article 2 may be carried out only by a company with the certificate provided for in Article 1.
Companies employing workers classified as A or B, certified by the French Business Certification Committee for the training and follow-up of personnel working under ionizing radiation (CEFRI) according to the references "E" and "I" and whose activity corresponds to one of those referred to in section 2, are deemed to meet the certification obligation defined by this Order until the expiry date of the CRIEF certificate by January or later.

Article 8 Learn more about this article...


The Director General of Labour and the Director of Financial, Social and Logistics Affairs are responsible, each with regard to the execution of this Order, which will be published in the Official Journal of the French Republic.

  • Annex



    A N N E X E S
    A N N E X E 1


    SPECIAL EXIGENCES APPLICABLE TO EXTERNAL ENTREPRESENTATIVES, TEMPORARY WORKING HORSES
    The head of the company subject to the certification obligation that makes the application for certification addresses the information required for the instruction of the file to the certifying body.
    It updates them as necessary and transmits them to the certifying body as part of the monitoring or renewal audits.


    1. Organization requirements
    and risk prevention


    As far as possible, in order to meet these requirements, the company subject to the certification requirement favours an organizational approach that is coordinated with the key stakeholders involved and strives to limit the additional documentary obligations.


    1.1. Definition of a prevention policy
    risk of ionizing radiation


    The head of the company subject to the certification requirement, in accordance with its general policy on occupational risk prevention, defines a policy for the prevention of exposure to ionizing radiation appropriate to the nature and extent of the risks associated with its activities. This policy, resulting in preventive measures, is documented, implemented, maintained and communicated to all staff involved.
    In accordance with this policy, it defines the procedures for the implementation of preventive measures that it has established in relation to its activities. These procedures include:
    – the organization of preventive measures during operations, including information to be transmitted to workers, the terms of access to the place of operation, the terms and conditions for the provision and maintenance of personal protective equipment...;
    - the organization of the operation (such as the development of work procedures, the schedule of tasks or the means available by the host company), including the provisions allowing the communication and appropriation by employees of the elements necessary for the safety of the operation;
    - the organization of radiation protection to maintain the exposure of workers to ionizing radiation at the lowest level that is reasonably possible to achieve, including by guaranteeing radiological cleanliness of the sites of operation;
    - the definition of radiation protection skills required for the management of operations;
    - in the case of specific situations, specific radiation protection measures to be implemented;
    – the organization to take into account, for the purpose of continuous improvement, the return of experience including that of its subcontractors and the results of the internal audits and management reviews carried out;
    ― the means in place to ensure the regulatory eve;
    the means in place to ensure the traceability of the measures implemented under this policy;
    - the conditions for the outsourcing of the person's function of radiation protection.
    The head of the company subject to the certification obligation also defines annual programs and objectives related to radiation protection (dose, contamination...). These objectives are set and reviewed according to the activity.


    1.2. Risk assessment for the operation


    The head of the undertaking subject to the certification requirement shall ensure, on the occasion of the joint screening, or upstream of the inspection when the situation requires, and on the occasion of the establishment of the prevention plan or of the particular health safety and protection plan, the consideration of the risks associated with its activity, as well as the overall risk of interference related to co-activity.
    To this end, it:
    ― collects the expectations of the head of the host company, particularly in terms of programming of defined operations;
    ― collects from the head of the host company the information necessary to implement its professional risk prevention policy;
    ― identifies, for operations within its jurisdiction, any recourse necessary for subcontracting and informs the head of the host enterprise;
    - organizes the participation of the competent person in radiation protection that he has designated in the joint screening. When the person cannot participate in the inspection in exceptional circumstances, a technically competent person under his or her authority may replace it and accompany the legal representative of the undertaking to that inspection;
    ― defines the procedures for the person responsible for radiation protection that he or she has designated to be informed of the specific provisions of the radiation protection undertaking;
    ― performs the analysis of the workstations referred to in R. 4451-11, taking into account the work situations considered;
    ― update the exhibit sheet referred to in R. 4451-57 in accordance with the work situations considered;
    - defines means of collective protection and personal protection equipment;
    ― ensures compatibility of individual and collective predictive dosimetry with dose levels already received by workers over the past 12 months;
    - takes into account the risks of contamination and dispersion.


    1.3. Implementation of risk prevention measures


    For a company that has never exercised or has not exercised, over the past 12 months, any activity within the scope of the certification provided for in this Order, the head of the company subject to the certification obligation demonstrates its ability to implement the following provisions, including by applying those possible to a limited number of workers.


    1.3.1. Implementation of the risk prevention policy


    On the basis of the risk assessment, the head of the company subject to the certification requirement ensures that the prevention measures defined in its policy are properly implemented and that:
    – the planning of operations, their nature, the staffing and material elements were communicated to the person in charge of the management of operations at the place of operation and to the head of the host enterprise;
    - the elements mentioned in the prevention plan or in the specific health safety and protection plan are consistent with those existing at the site's opening and during the construction site;
    ― the work equipment, the means of collective protection, the personal protective equipment and the means of measuring the individual exposure are adapted to the particular circumstances of the operation, maintained, made available to the workers involved and that the workers have benefited from training in the use of these equipment.


    1.3.2. Communication to employees


    It ensures that employees are transmitted, understood and respected:
    ― the maximum duration of wearing personal protective equipment;
    – the display procedures for occupational safety;
    - procedures for the management of contaminated materials;
    - the rules for the implementation of dosimetry, external or internal, as well as those for the communication of dosimetric results;
    ― the conditions and modalities for making available ionizing sources of radiation.


    1.3.3. Competences and means of persons
    implementation of risk prevention


    The head of the company subject to the certification requirement also ensures that:
    - the person in charge of the operations management at the site of the operation shall:
    - the authority necessary to take into account the specific situations that may be mentioned to it by the head of the host company and to correct the differences between the contractually defined requirements and the existing situation. For deviations concerning the radiation protection of workers, he takes the opinion of the person competent to protect his company;
    - the authority necessary to take into account, if any, the observations that the head of the host company would make in accordance with theArticle L. 4522-1 of the Labour Code ;
    – the time required to participate in periodic inspections and meetings organized by the host company and the authority sufficient to solicit such meetings for the purpose of coordinating preventive measures;
    - the support of the competent person in the field of radiation protection or, where the person is unable to make an exceptional visit, of a technically competent person, placed under the authority of the person, to organize the prevention of risks or to treat the discrepancies observed between the forecast and the observed;
    - the skills necessary to adapt, if necessary, to the specific risks of the operation, the procedures previously defined, especially with regard to radiation protection;
    - the means necessary for, in the event of a discrepancy, including significant events within the meaning of articles R. 4451-99 and following, to restore security conditions;
    the person competent for radiation protection shall:
    a certificate adapted to the sector of activity and the nature of the risk involved;
    - sufficient time and means to carry out its tasks, including organizing training on the radiation protection of workers, the dosimetry of workers, in particular with regard to the availability of reference dosimeters and operational dosimeters and the transmission of results to the actors concerned;
    access to the information system for the monitoring of exposure to ionizing radiation;
    a knowledge of the nuclear facility in which it intervenes;
    ― the work doctor has access to the information system for monitoring exposure to ionizing radiation.
    The head of the company subject to the certification obligation puts in place an organization that ensures the confidentiality of the dosimetric data transmitted in consultation with the head of the host company.


    1.3.4. Knowledge and skills of workers


    The head of the company subject to the certification obligation organizes, for each operation, the division of tasks between the various stakeholders, defines their obligations and ensures that they have been informed.
    It ensures, on the basis of the outcome of the risk assessment and taking into account the preventive measures implemented:
    - the adequacy of the skills of the workers with the missions entrusted to them, particularly with regard to radiation protection;
    - of their knowledge of the nature of professional risks due to nature and place of operation;
    - the validity of the medical fitness of workers in the situations considered;
    - the adequacy of classification A or B and the training in the radiation protection of workers in accordance with 1.3.5;
    – respect for limit values of exposure, regardless of the risks to workers;
    - the terms and conditions for the management of the pro rata temporis of workers under fixed-term or temporary employment contracts;
    - the establishment of a situation management procedure:
    - abnormal work as defined by Labour code ;
    - in case of exceedance of limit values;
    ― the establishment of exhibition certificates when the company's employees leave.


    1.3.5. Training of workers


    The purpose of the training for workers exposed to the certified company is to enable them:
    1. To be within the French nuclear industry.
    2. To understand natural, artificial radioactivity and associated radiological risks.
    3. Identify key sources of conventional hazards.
    4. To protect themselves from occupational risks, including those related to exposure to ionizing radiation.
    5. To know the general prevention provisions, including access, work and exit procedures for regulated areas.
    6. To know the procedures specific to the company related to the conduct of operations on behalf of a host company.
    7. Use individual protective equipment, including putting and removing a combination, gloves, etc.
    8. To react in a degraded situation in accordance with the procedures established by the company.
    9. To know the procedures, specific to the company, for the identification and consideration of feedback.
    The head of the company subject to the certification obligation organizes this theoretical and practical training, lasting for the acquisition of these educational objectives, based on school yards and punctuated with an evaluation after which a certificate of success is issued. It may entrust this training to specialized agencies.


    1.4. Consultation of the Hygiene, Safety Committee
    and working conditions


    The head of the company subject to the certification requirement shall ensure the information of the hygiene, safety and working conditions committee.


    2. Subcontract requirements
    and general temporary assistance
    2.1. Special case of the use of subcontractors


    The head of the company subject to the certification requirement ensures that:
    - its subcontractors have the certification provided by this Order;
    ― its subcontractors have all the elements related to the operations to be carried out and the related risks.


    2.2. Special cases of temporary workers


    The head of the undertaking subject to the certification requirement shall ensure that:
    - the temporary work undertaking to which it uses the certification provided by this Order;
    ― the organization established allows the temporary worker to whom he or she uses all preventive measures in the same way as the employees of his or her company, being specified that the provisions relating to the reference dosimetry and the medical examination of employment provided for in article R. 4625-9 fall within the jurisdiction of the temporary work undertaking;
    ― the person responsible for radiation protection of the temporary work undertaking receives communication of the elements relating to the predictive dosimetry and the dose received.


    3. Requirements for Variance Management
    against procedures and corrective actions


    The head of the company subject to the certification requirement establishes procedures to:
    identify, record and process deviations from established procedures;
    • analyze the situation;
    - to carry out actions to mitigate all the consequences of these deviations, to trigger and apply healing and corrective actions;
    – verify the effectiveness of the healing and corrective actions.


    A N N E X E 2
    SPECIFIC IMPLEMENTATION
    TEMPORARY WORKING ENTREPRISES


    The head of the temporary work undertaking applying for certification shall address the information referred to in the following paragraphs to the certifying body.
    It updates them as necessary and transmits them to the certifying body as part of the monitoring or renewal audits.


    1. Organization requirements
    and the means of radiation protection
    1.1. Definition of a risk prevention policy


    The head of the temporary work enterprise, in line with its general occupational risk prevention policy, defines a policy for the prevention of exposure to ionizing radiation appropriate to the nature and extent of the risks associated with its activities. This policy is documented, implemented, maintained and communicated to all staff involved.
    In accordance with this policy, it defines the procedures for the implementation of the preventive measures that it has established in relation to the activities it conducts, particularly in the areas of training and dosimetric and medical monitoring.
    This policy is notably materialized by:
    – the collection of the requirements of the host company;
    the definition of radiation protection skills required for the conduct of operations;
    - the terms and conditions of communication of access restrictions to certain areas related to the status of the interim;
    ― the transmission of dosimetric results;
    ― the elements necessary for the information of the exhibition sheet.


    1.2. Implementation of risk prevention measures


    For a company that has never exercised or has not exercised, over the past 12 months, any activity within the scope of this certification, the head of the temporary work undertaking demonstrates its ability to implement these provisions, including by applying those possible to a limited number of workers.


    1.2.1. Communication to employees


    It ensures that employees are transmitted, understood and respected:
    ― the rules for the implementation of dosimetry, external or internal, as well as for the communication of dosimetric results;
    ― the procedures for exchange with the person responsible for radiation protection that he or she has designated and that of the host company.


    1.2.2. Competences and means of persons
    implementation of risk prevention


    The head of the temporary work company also ensures that:
    the person competent for radiation protection shall:
    a certificate adapted to the industry and the nature of the risk involved;
    - sufficient time and means to carry out its tasks, including organizing training on the radiation protection of workers, the dosimetry of workers, in particular with regard to the availability of reference dosimeters and operational dosimeters and the transmission of results to the actors concerned;
    access to the information system for the monitoring of exposure to ionizing radiation;
    a knowledge of the nuclear facility in which it intervenes;
    ― the work doctor has access to the information system for monitoring exposure to ionizing radiation and can access the place of operation.
    The head of the temporary work company, in consultation with the head of the host company, sets up an organization that ensures the confidentiality of the submitted dosimetric data.


    1.2.3. Knowledge and skills of workers


    The head of the temporary work undertaking shall ensure, on the basis of the outcome of the risk assessment and taking into account the means of prevention implemented:
    - the adequacy of the worker's skills with the missions entrusted to him, particularly with regard to radiation protection;
    - their knowledge of the nature of the professional risks due to the place of operation;
    - the validity of the medical fitness of workers in the situations considered;
    - the adequacy of classification A or B and the training in the radiation protection of workers in accordance with 2.3.5;
    – respect for limit values of exposure, regardless of the risks to workers;
    ― the modalities for the management of temporary workers’ pro rata temporis;
    - the establishment of a situation management procedure in the event of exceedance of limit values;
    ― the establishment of exhibition certificates when the company's employees leave.


    1.2.4. Training of workers


    The training for workers exposed to the certified temporary employment company is intended to enable them:
    1. To be within the French nuclear industry.
    2. To understand natural, artificial radioactivity and associated radiological risks.
    3. Identify key sources of conventional hazards.
    4. To protect themselves from occupational risks, including those related to exposure to ionizing radiation.
    5. To know the general prevention provisions, including access, work and exit procedures for regulated areas.
    6. To know the procedures specific to the company related to the conduct of operations on behalf of a host company.
    7. Use individual protective equipment, including putting and removing a combination, gloves, etc.
    8. To react in a degraded situation in accordance with the procedures established by the company.
    9. To know the procedures, specific to the temporary work company, for the identification and consideration of feedback.
    The head of the temporary work company organizes this theoretical and practical training, of a duration allowing the acquisition of these educational objectives, based on school yards and punctuated with an evaluation after which a certificate of success is issued. It may entrust this training to specialized agencies.


    2. Requirements for Variance Management
    and corrective actions


    The head of the temporary work undertaking establishes procedures for:
    identify, record and process deviations from the procedure established;
    • analyze the situation;
    - to carry out actions to mitigate all the consequences of these deviations, to trigger and apply healing and corrective actions;
    – verify the effectiveness of the healing and corrective actions.


    A N N E X E 3
    PROCEDURE AND MODALITIES
    DE CERTIFICATION DES ENTREPRISES
    Definition of certification steps


    The initial certification process includes the following steps in the chronological order defined below:


    STEP
    DESCRIPTION OF THE STEP
    DURING
    of validity

    Step 1

    Documentary audit that, if satisfactory, gives the opportunity to program the on-site audit of Stage 2.

    Three months.

    Step 2

    On-site audit.


    Certificate

    Document submitted by the certifying body in the event of success at step 2.

    Three years maximum with annual surveillance.

    Audit of operation

    For subject companies, an operating audit is conducted within 12 months of certification.


    Audits
    Monitoring

    The next two years, an on-site audit.



    The certification renewal process includes the following steps in the chronological order defined below:

    STEP
    DESCRIPTION OF THE STEP
    DURING
    of validity

    Step 3

    Renewal audit that includes an on-site audit.


    Certificate

    Document submitted by the certifying body in case of success at step 3.

    Three years maximum with annual surveillance.

    Audit of operation

    For subject companies, an operating audit is conducted within 12 months of the renewal of the certification.


    Audit
    Monitoring

    The next two years, an on-site audit.



    The certification renewal process is started at least two months before the certification expiry date.


    Content of certification audits


    The certifying body relies on IAF MD 4 to determine the different audit methods (interview on site, distance...) that it can use.
    Each audit provides an opportunity to verify the operational control of a proper application of the procedures and provisions set out in items 1, 2 and 3 of Schedule 1 and items 1 and 2 of Schedule 2.
    Where applicable, the certifying body takes into account in its audit process, in order to optimize the requirements imposed on the candidate company, the measures already implemented by the candidate company under other certifications.
    Audit on site:
    Audit conducted on the company's site where the organization referred to in this Order is carried, i.e., the main site of the company's activity or its head office.
    This audit is conducted with company staff involved in the management of occupational risk prevention, particularly those related to ionizing radiation. In particular, the objective of the analysis is to analyse the procedures developed, including the registration documents in which they are sent, and their relevance.
    In order to ensure the effectiveness of the organization, including the decline in procedures at the location of the operation, this audit is complemented by an exchange with workers in the company who may be exposed to ionizing radiation. The purpose of this exchange is to ensure that the personnel concerned are aware of these procedures, that they are able to implement them, including by providing feedback procedures.
    Based on the evidence gathered, the on-site audit assesses the company's ability to take into account its feedback and to adapt its procedures accordingly.
    Apart from a multi-site undertaking, the duration of the initial site audit and the renewal audit is one day. In addition to 50 exposed workers, the duration of this period is calculated based on the company's workforce exposed to ionizing radiation (an additional half-day per 150 workers) without the total duration of the audit exceeding three days.
    Cases of a multi-site company or a "group":
    In the case of a multi-site company or group, the certifying body determines the definitions to be taken into account, the conditions for the issuance of the certification, according to the organization, by establishment or for the whole company and the sampling rules to be applied, in accordance with IAF MD 1.
    The duration of the audits of this company is determined by the certifying body that takes into account the number and size of the sites.
    Audit of operation:
    In situ audit conducted during an operation carried out by the company on behalf of a host company.
    The technical audit of the operation is intended to assess in situ the adequacy of the procedures carried out by the company in relation to the magnitude and nature of the radiation risk, particularly with regard to individual protective equipment, specific radiation protection measures and the training of workers.
    The duration of an operation audit is one day. It is extended to two days when the company intervenes during the year on behalf of at least two user companies. In this case, audit days are performed at two different user companies.
    The certifying body determines the requirements to be verified in a regulated area in accordance with the principles of radiation protection, including the optimization of exposure.
    Monitoring audit:
    Under the terms set out in item 1 of this annex, the monitoring audit includes an on-site audit.
    Apart from a multi-site business, the duration of the monitoring audit is one day. In addition to 50 exposed workers, the duration of this period is calculated based on the company's workforce exposed to ionizing radiation (1/2 additional day per 150 workers) without the total duration of the audit exceeding two days.
    An operational audit may be added in the event of changes in the company's situation over previous years and meets the criteria set out in section 4 of this Order, making it eligible for this type of audit.
    As part of an initial certification, if the transaction audit could not take place due to the lack of an audit activity within three years of the issuance of the certificate, the company is subject to the initial certification procedure.


    Certification decision


    The certifying body is a certification committee to render an opinion on the decision to grant, refuse or suspend the certification.
    This committee is composed of people from:
    - the certifying body;
    - companies operating facilities referred to in Article 1;
    - external companies referred to in Article 1;
    – temporary work enterprises referred to in Article 1.
    This committee can rely on the expertise of experts, including nuclear-related experts or stakeholders.
    These experts and the representative of the certifying body do not take part in the vote.
    The rules of procedure, defined by the certifying body, set out the terms and conditions of operation of this committee, including the following:
    - the designation of members;
    - the rules of quorum;
    ― the terms and conditions for compensation for fees incurred by members to participate in committee meetings.


    Audit training requirements
    certifying bodies


    The qualification criteria for auditors of certifying bodies are as follows:
    ― training course and professional experience: level bac + 2 (or validation of the acquired experience) in the field of radiation protection or, if not, in another technical field completed by four weeks of training in this field;
    – at least two years of professional experience in the field of radiation protection over the past five years;
    – an experience of at least twenty days of audit activity over the last three years or a one-week training in the field of audits dating less than six months;
    - knowledge of the organizational specificities of the facilities referred to in Article 1;
    – a general knowledge of the business activities they will be able to audit.
    This jurisdiction may be divided between two distinct persons.


    A N N E X E 4
    REPORT OF PREVUAL ACTIVITY
    THE SECOND ALINEA OF ARTICLE 6


    Background information requested:
    - the number of companies certified by type of activity and by type of certification (submitted or not to the requirement for an audit of operation);
    – the total number of workers and the number of workers classified as A or B, divided according to their category;
    ― the statistical synthesis of the deviations observed by the certifying body;
    – the number of certified companies that have been suspended or withdrawn from the certification and the motivations.
    Global data:
    Number of certified companies (excluding temporary work enterprises)



    CERTIFICATION MODALITY

    PRINCIPAL ACTIVITY OF THE COMPANIES
    Audit submission
    Operation
    Not audited
    Operation
    TOTAL

    Handling high-activity sealed sources within the meaning ofArticle R. 1333-33 of the Public Health Code




    Implementation of ionizing radiation devices:




    - accelerators




    – mobile calibration devices containing at least one high-activity radioactive source




    – mobile industrial radiography devices




    ― X-ray electric generators




    Operation:




    technical assistance




    - calorie




    – boiling and piping




    - decontamination and operation related to the packaging and disposal of radioactive wastes and effluents




    – scaffolding




    ― electricity, wiring




    Maintenance




    logistics (maintenance, cleaning, easements)




    – masonry




    maintenance of means of protection and measurement




    – handling, crane, bridge




    Mechanical




    cleaning




    — painting




    - plumbing




    - welding




    Other




    Total





    The number of companies certified in the year xxxx was _____, a progression/decrease of _____% compared to last year. _____% of these were subject to an audit of operations.
    A total of ___ companies are certified.


    Number of temporary work enterprises certified in the year


    The number of temporary work enterprises certified during the year xxxx was _____, an increase/decrease of _____% compared to last year.
    In total, _____ companies are certified.
    This is an increase/decrease of _____% over the past five years.


    Staffing data



    TOTAL EFFECTIVE
    NOMBRE D'ENTREPRISES
    NOMBRE D'ENTREPRISES
    submitted to an operation audit
    TOTAL

    From 1 to 10 employees




    From 11 to 50 employees




    From 51 to 100 employees




    From 101 to 200 employees




    201 to 300 employees




    More than 300 employees




    Total





    In total, _____ workers are classified as A and _____ are classified B, i.e. a percentage respectful of _____ and _____% compared to the overall workforce of the company.
    This trend has been up-to-date for the past five years.


    Synthesis of deviations found by the certifying body


    During the year xxxx, _____ companies had their certification withdrawn, _____ had their certification suspended _____ received comments and _____ were subject to deviations during their audits. The discrepancies were:


    TYPOLOGY OF CONSTATED ECARTS
    NOMBRE
    of deviations

    1. Organizational requirements and means to prevent exposure to ionizing radiation


    – Definition of a risk prevention policy


    – risk assessment for intervention


    implementation of risk prevention measures


    - application of risk prevention policy


    • communication to employees


    ― skills and means of people involved in the implementation of risk prevention


    knowledge and skills of workers


    - training of workers


    2. Subcontracting and temporary work requirements


    - particular case of the use of subcontractors


    - special case of the use of temporary workers


    3. Management requirements for deviations from established procedures and corrective actions


    Total



    Number of certified companies that have been subject to suspension or withdrawal of certification and design.


Done on 27 November 2013.


The Minister of Labour, Employment,

vocational training

and Social Dialogue,

For the Minister and by delegation:

The Director General of Labour,

J.-D. Combrexelle

Minister of Agriculture,

agri-food and forest,

For the Minister and by delegation:

The Director of Financial Affairs,

and logistics,

C. Ligeard


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