Key Benefits:
Publics concerned: the employer, in any capacity, with a source of ionizing radiation, whose employees intervene in a basic nuclear facility mentioned at theArticle L. 593-2 of the Environmental Code or an individual facility included either within the perimeter of the site on which the basic nuclear facility is located, or in that of a secret base nuclear facility mentioned at theArticle R.* 1333-40 of the Defence Code
Purpose: propose an alternative to the organization of work as defined in Article 23 of the 15 May 2006 decision on the conditions for the 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, safety and maintenance imposed on them
Entry into force: the text comes into force on the day after its publication.
References: this order is taken in application of theArticle R. 4451-27 of the Labour Code. It is available on the website Légifrance (http://www.legifrance.gouv.fr).
The Minister of Labour, Employment and Social Dialogue and the Minister of Agriculture, Agri-Food and Forestry, spokesperson for the Government,
Vu le Labour codeincluding its article R. 4451-27;
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 and the rules of hygiene, security and maintenance imposed on them;
Having regard to the opinion of the Council on working conditions of 18 December 2013;
Considering the opinion of the Nuclear Safety Authority of 9 January 2014;
Based on the opinion of the Institute of Radiation Protection and Nuclear Safety of 17 January 2014,
Stop:
After the III of Article 23 of the above-mentioned Decree of 15 May 2006, it is inserted an IV as follows:
"IV.-The employer, in any capacity, with a source of ionizing radiation, whose employees intervene in a basic nuclear facility mentioned at theArticle L. 593-2 of the Environmental Code or an individual facility included either within the perimeter of the site on which the basic nuclear facility is located, or in that of a secret base nuclear facility mentioned at theArticle R. * 1333-40 of the Defence Codemay derogate from the measures provided for in article II, provided that an organization is established:
-to reduce the risk of worker contamination, including by improving the radiological cleanliness of the facility;
-limiting the physical or physiological constraints that may result from the wearing of personal protective equipment, so that they themselves may not cause additional risks to the health of workers, in accordance with Article R. 4323-91;
-the movement of workers and the flow of equipment, working clothing and equipment to prevent the release of radioactive contamination in accordance with the principles of radiation protection as defined in theArticle L. 1333-1 of the Public Health Code.
The employer:
- ensure that this particular organization is controlled and applied by external companies in accordance with Article R. 4451-8;
- assesses the effectiveness of the provisions put in place to improve the radiological cleanliness of premises and their benefit to the health and safety of workers. It regularly renews this evaluation and ensures the traceability of this approach;
-inform of the use of the provisions of this paragraph of the Labour Inspector and, as the case may be, the Nuclear Safety Authority or the Nuclear Safety and Radiation Protection Officer for activities and facilities of interest to the defence referred to in theArticle R. * 1411-7 of the Defence Code. »
In the above-mentioned decision of May 15, 2006, the term "principal" is replaced by the term "employee".
The above-mentioned decision of May 15, 2006 is as follows:
The reference: "to the II of section R. 231-74" is replaced by the reference: "to section R. 4451-8".
The reference: "to section R. 231-76" is replaced by the reference: "to articles R. 4451-12 and R. 4451-13".
The reference: "in accordance with Article R. 231-80 I" is replaced by the reference: "in accordance with the provisions of Article R. 4451-16".
The reference: "to the I of section R. 231-81" is replaced by the reference: "to section R. 4451-18".
The reference: "R. 231-81 to R. 231-83" is replaced by the reference: "R. 4451-18 to R. 4451-28".
The reference: "to section R. 231-81" is replaced by the reference: "to sections R. 4451-18 to R. 4451-22".
The reference: "to the II of section R. 231-85" is replaced by the reference: "to section R. 4451-31".
The reference: "to the I of section R. 231-86" is replaced by the reference: "to section R. 4451-34".
The reference: "of section R. 231-86" is replaced by the reference: "of section R. 4451-34".
In the I of Article 2 of the 15 May 2006 Order referred to the expression: "shall be deleted respectively in Articles R. 231-84 and R. 231-86 of the same Code."
In article 24 of the 15 May 2006 order referred to the expression: "in application of the articles R. 231-84 and R. 231-86 Work code » is deleted.
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.
Done on May 15, 2014.
Minister of Labour, Employment and Social Dialogue,
For the Minister and by delegation:
The Director General of Labour,
Y. Struillou
Minister of Agriculture, Agri-Food and Forestry, Government Spokesperson,
For the Minister and by delegation:
The Director of Financial, Social and Logistics Affairs,
C. Ligeard
