As of summer 2023, a new requirement for asbestos surveys before work on equipment

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If you own or rent facilities, structures, or equipment dating from before 1997 (when asbestos was banned in France), you are now required to carry out an asbestos survey before any work or intervention.

Please note: for equipment purchased and imported from a country where the asbestos ban was implemented later than in France, this pre-work survey must also be performed (the ban took effect in 1999 in the UK and 2002 in Spain; across the European Union, the ban dates back to 2005).

While the decree regarding asbestos surveys in such equipment is dated July 22, 2021, it came into effect on July 1^st , 2023.

Scope and purpose of asbestos surveys in equipment

This survey involves searching for, identifying, and locating materials and products containing asbestos within facilities, structures, or equipment used in the performance or implementation of an activity, prior to any operation that poses a risk of worker exposure to asbestos.

Examples of equipment that may contain asbestos include ovens, overhead cranes, tanks, or elevators (found in elastomer gaskets, brake linings, insulation foam, etc.).

If the presence of asbestos is confirmed in the facility, structure, or equipment, you must hire specialized companies for any work or operations, specifically:

• a "sub-section 3" company (for the removal or encapsulation of asbestos or materials containing asbestos);
• or a "sub-section 4" company (for interventions on materials likely to release asbestos fibers).

Reminder: the flowchart 2 from DGT note no. 15/79 dated March 4, 2015 provides guidance on determining whether operations involving asbestos exposure on equipment fall under subsection 3 or subsection 4.

Identification procedures

Mandatory NF X 46-100: July 2019 standard

The decree of July 22, 2021, mandates compliance with the NF X 46-100: July 2019 standard, "Identification of materials and products containing asbestos in installations, structures, or equipment contributing to the performance or implementation of an activity – Mission and methodology"; in particular:

• Annex A lists the materials and products that must be at a minimum checked for. The surveyor must also take into account the detailed list and the work schedule provided by the client;
• sections 4.3.1 and 4.3.2 set out requirements for the client to ensure the surveyor has the necessary resources to properly carry out the mission.

Note that surveys conducted before July 1^st 2023 in accordance with this standard serve as valid surveys under these new regulations. For surveys conducted before July 1^st that do not comply with this standard, any new planned work must be preceded by an assessment and, if necessary, additional investigations following the technical procedures specified by the standard.

Technical procedures to be followed

Depending on the purpose of the operation, particularly in the case of dismantling or renovation, the client must take the necessary steps to ensure the survey is carried out after:

• removal or relocation of items that could (i) hinder access to all components covered by the survey mission and (ii) be contaminated by asbestos fibers;

Note: If it is impossible to access certain parts of the installation/structure/equipment (e.g., due to the absence of a person with specific authorization), the surveyor must inform the client in writing and request that they take the necessary measures to resolve the situation. If the situation persists, the surveyor shall issue a preliminary report specifying the unvisited areas, the reason, and the remaining investigations to be performed.

• evacuation of personnel from the installation/structure/equipment (except for inspections that do not generate fiber emissions).

Please note: the surveyor's judgment can never be the sole criterion for concluding whether asbestos is present or absent in a material or product that may contain it. Therefore, if the surveyor has no information regarding the materials or products in question, or if there is any doubt about the quality of the information available, they must take one or more samples for analysis to determine the presence or absence of asbestos in the materials or products that may contain it.

Surveyor qualifications

Surveyors must be able to provide proof of asbestos detection skills acquired through a training organization: Annex I of the decree sets out the minimum requirements for training organizations, and Annex II sets out the minimum requirements for surveyors.

Regulations do not prohibit an employee of the commissioning company from acting as a surveyor; however, in such cases, they require the implementation of an organizational structure that ensures the surveyor's independence and impartiality in carrying out this task.

Documents resulting from the survey

The surveyor must produce a report for each installation, structure, or piece of equipment, to which their insurance certificate must be attached. This report (as well as the pre-report in the event of persistent inaccessibility as specified above) must comply with Annex D of the NF X 46-100 standard: July 2019.

The commissioning party must keep the report detailing the conditions and conclusions of the asbestos survey and update the traceability file or database with the data from the survey mission. The report must be made available upon request by the authorities (labor inspectorate, CARSAT).

If the commissioning party is not the owner of the installation, structure, or equipment, they are required to forward the documents to the owner.