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In our first article, we gave you a general overview of French and European regulations, explaining what is meant by the terms "arrêté", "décret" and "code", and how regulations work in France and at European level. In this second part, we propose to illustrate what we've said with examples of how workplace safety regulations work. To do this, we have taken examples of the transposition of European directives, European regulations and one example of French regulations. These examples concern the vast majority of companies and are the most representative, which is why we have chosen them.
How regulations work
Example 1: Transposition of a directive - Single document
Identifying and assessing risks is a fundamental requirement of safety regulations, and concerns all companies, whatever their size or activity.
As a reminder, employers are required to carry out an assessment of risks to worker health and safety. The results of this assessment are recorded in a single document. The document must be updated at least once a year, or whenever a decision is taken to carry out major modifications. The single document must be made available to employees, members of the staff delegation to the social and economic committee, the labor inspector, the occupational physician and other health professionals from the occupational health department.
At European level, Article 6 of Directive 89/391 of June 12, 1989 lays down the principle of mandatory risk assessment by the employer. This obligation was transposed by France by Law no. 91-1414 of December 31, 1991. This law codified it in article L. 230-2 of the French Labor Code.
Decree no. 2001-1016 of November 5, 2001 then made it compulsory to formalize this risk assessment in a single document, by including it in article R. 230-1 of Part 4 of the French Labor Code.
A circular dated April 18, 2002 explains how to produce a single document.
Note: when the Labor Code was recodified in 2007, article L. 230-2 was renumbered L. 4121-3 and article R. 230-1 became articles R. 4121-1 to R. 4121-2.
Example 2: European regulation - Labeling of hazardous substances
Many companies use hazardous chemicals. They are therefore subject to the regulations applicable to these products, including the CLP regulation.
As a reminder, hazardous chemicals must be labeled according to a single worldwide classification system, the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). Labeling must include product identification, a hazard pictogram, a signal word, hazard statements, precautionary statements and supplier identification (name, telephone number, address).
Regulation no. 1272/2008 of December 16, 2008, known as the CLP Regulation, sets out these labeling requirements. A regulation is directly applicable in the countries of the European Union, and does not need to be transposed into national law like a directive. These labeling requirements are directly applicable to European, and therefore French, companies.
Example 3: French regulations - Prevention plan
It is common practice for a third party to carry out work on a company's premises (electrical work, maintenance, etc.), but this can present certain risks. Regulations govern such work.
Some requirements do not derive from European law, but from national law. This is the case of the prevention plan, which is an obligation specific to France.
As a reminder, before an external company intervenes to carry out work, if risks linked to interference between activities, installations and equipment exist, the user and external companies must draw up a prevention plan defining the measures taken by each company to prevent these risks.
Articles R. 237-1 to R. 237-11 of Decree no. 92-158 of February 20, 1992 introduced the obligation to draw up a prevention plan when an outside company is involved. A circular dated March 18, 1993 subsequently explained these regulatory provisions.
The prevention plan must be drawn up in writing if the work lasts at least 400 hours over 12 months, or if the work is on the list of hazardous jobs. This list of dangerous jobs is set out in the decree of March 19, 1993 and, for agricultural establishments, in the decree of May 10, 1994.
Note: when the Labor Code was recodified in 2007, articles R. 237-1 to R. 237-11 were renumbered R. 4512-1 to R. 4512-16.
In conclusion, you now know everything there is to know about how regulations work. In our next article, we'll take a look at howthese regulations are organized, using environmental examples.