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In our first article, we decoded the regulations in France and Europe in general, explaining the meaning of terms like "order," "decree," and "code," and how the regulatory framework functions at both the French and European levels. In this second part, we will illustrate these points with examples of how regulations function regarding workplace safety. To do this, we have selected examples of a transposed European directive, a European regulation, and a French regulation. These examples apply to the vast majority of businesses and are highly representative, which is why we chose them.
How regulations function
Example 1: Transposition of a directive – Single risk assessment document
Identifying and assessing risks is a fundamental safety regulatory requirement that applies to all businesses, regardless of their size or industry.
As a reminder, employers must conduct an assessment of risks to the health and safety of their workers. The results of this assessment are recorded in the single risk assessment document. It must be updated at least annually or whenever a significant change is made to the workplace. The single document must be made available to employees, members of the Social and Economic Committee (CSE), labor inspectors, occupational physicians, and other occupational health professionals.
At the European level, Directive 89/391/EEC of June 12, 1989, establishes the principle of the employer's obligation to assess risks in Article 6. This obligation was transposed into French law by Law No. 91-1414 of December 31, 1991, which codified it in the legislative section of the Labor Code under Article L. 230-2.
Decree No. 2001-1016 of November 5, 2001, subsequently mandated the formalization of this risk assessment in the single document, incorporating it into the regulatory section of the Labor Code under Article R. 230-1.
A circular dated April 18, 2002, explains the procedures for creating the single document.
Note: During the recodification of the Labor Code in 2007, Article L. 230-2 was renumbered to L. 4121-3, and Article R. 230-1 became Articles R. 4121-1 through R. 4121-2.
Example 2: European Regulation – Labeling of hazardous substances
Many companies use hazardous chemical products and are therefore subject to the regulations governing these products, including the CLP Regulation.
As a reminder, hazardous chemical products must be labeled according to a single global classification system: the Globally Harmonized System of Classification and Labeling of Chemicals (GHS). The label must include product identification, a hazard pictogram, a signal word, hazard statements, precautionary statements, and supplier identification (name, phone number, and address).
Regulation (EC) No 1272/2008 of 16 December 2008, known as the CLP Regulation, sets out these labeling requirements. Unlike a directive, a regulation is directly applicable in European Union countries and does not need to be transposed into national law. These labeling requirements apply directly to European—and therefore French—companies.
Example 3: French regulations - Prevention plan
Having a third-party company perform work on-site (such as electrical or maintenance work) is common practice, but it can involve certain risks. Regulations govern these types of interventions.
Some requirements do not stem from European law, but from national law. This is the case for the prevention plan, which is a specific obligation in France.
As a reminder, before an outside company begins work, if there are risks related to the interaction between activities, facilities, or equipment, the host company and the outside company must establish a prevention plan defining the measures each company will take to prevent these risks.
Decree No. 92-158 of 20 February 1992 incorporated the obligation to draw up a prevention plan when an outside company intervenes into the Labor Code, under articles R. 237-1 to R. 237-11. A circular dated 18 March 1993 subsequently clarified 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 included on the list of hazardous tasks. This list of hazardous tasks is set by the order of 19 March 1993 and, for agricultural establishments, by the order of 10 May 1994.
Note: During the recodification of the Labor Code in 2007, articles R. 237-1 to R. 237-11 were renumbered to R. 4512-1 to R. 4512-16.
To conclude, you now know everything about how regulations work. In our next article, we will present theorganization of these regulations through examples related to the environment.