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The year 2020 (to the end of November) has been rich in significant regulatory developments: the Lubrizol action plan, changes to MSDSs, inspection of thermodynamic systems, inspection of boilers, obligations to reduce energy consumption, etc.
As you're getting to know us, every year we take a look back at the year's highlights! We sincerely hope you'll find this overview useful at this pivotal moment in your business year. Let us know in the comments ;)
Regulation of chemical substances and preparations: amendments to the REACH regulation
Adapting the content of safety data sheets
Regulation no. 2020/878 of June 18, 2020, amends and replaces Annex II of the REACH regulation on requirements for drawing up the safety data sheet (SDS). In particular, the SDS must now mention in each relevant section whether it concerns nanoforms and, if so, which ones.
Safety data sheets that do not comply with the new format may continue to be supplied until December 31, 2022.
Restrictions on the use of diisocyanates
These substances are mainly used in foam production processes (polyurethane, etc.) and sealants. They are also found in certain glues and paints. They have been identified as category 1 respiratory sensitizers and category 1 skin sensitizers (resulting in occupational asthma).
Training will be required before diisocyanates can be used on their own, as constituents of other substances or in mixtures for industrial and professional use, in concentrations, individually and in combination, greater than 0.1% by weight. This training must be completed by August 24, 2023, and renewed every 5 years thereafter.
New occupational exposure limit values (OELVs)
Nine binding ELVs will come into force on February 1, 2021. The substances concerned are acrylamide, bromoethylene, 1,3-butadiene, 1,2-epoxypropane (propylene oxide), formaldehyde, hydrazine, 2-nitropropane, ethylene oxide and o-toluidine.
As a reminder, a restrictive VLEP is a reference that must be respected.
New carcinogenic work
Work involving exposure to respirable crystalline silica dust from work processes is added to the list of carcinogenic substances, mixtures and processes.
Consequently, the employers concerned will have to implement the provisions applicable to CMR chemical agents: annual control of VLEP, reinforced individual monitoring of employees' state of health, reinforced employee training, etc.
Tertiary sector decree: regulations gradually being completed
What is the tertiary decree?
What you need to know about the tertiary sector decree is that it specifies obligations for actions to reduce end-use energy consumption in certain tertiary sector buildings. These obligations are broken down according to deadlines set at 2030, 2040 and 2050.
In addition, a declaration of energy consumption must be made every year. The first data transmission is due by September 30, 2021.
Within this framework, an initial decree was published in 2020, with an amending decree published in January 2021 to adapt certain deadlines in the tertiary decree to take account of the COVID-19 pandemic.
What does the decree contain?
It determines the method for calculating and adjusting Crelat final energy consumption, and sets absolute final energy consumption levels (Cabs) for certain sectors.
In addition, it specifies the conditions for adjusting final energy consumption reduction targets for technical reasons, depending on the volume of activity, or in the event of disproportionate costs. It also sets out the content of the technical file required to adjust reduction targets.
It also specifies the operation of the OPERAT digital platform. This platform will be used to collect annual energy consumption declarations.
Key regulatory developments: the case of energy equipment
Decree no. 2020-912 of July 28, 2020 transposed the articles on the inspection of heating and air-conditioning systems from Directive 2010/31/EU on the energy performance of buildings, amended in 2018.
For boilers :
In particular, the decree has modified the minimum efficiency values and maintenance requirements for boilers with a rated output of between 4 and 400 kW.
Thermodynamic systems:
Following this decree, two orders dated July 24, 2020 modified the inspection and maintenance procedures for air-conditioning systems and heat pumps. These systems are now grouped under the term " thermodynamic systems ". Provisions also apply to ventilation systems combined with joule-effect heating.
Changes in regulations applicable to classified facilities: the aftermath of Lubrizol
Last February, in the wake of the fire at Lubrizol sites in 2019, the French government presented its Lubrizol action plan for industrial risk prevention and management. Let's take a look back at some of the key regulatory changes resulting from this Lubrizol action plan, which has modified provisions relating to Seveso establishments as well as facilities subject to authorization or registration under heading 1510 (covered warehouses).
Following the decree n°2020-1168 and the orders of September 24, 2020 :
- Operators of facilities subject to authorization must now maintain an up-to-date inventory of stored materials;
- For certain facilities, such as SEVESO sites and facilities subject to authorization or registration under heading 1510 (covered warehouses), this statement must be very detailed,
- for warehouses classified as 1510, storage conditions have been modified (location, layout, distance, etc.) and fire protection requirements have been strengthened;
- requirements for the storage of flammable liquids and combustible liquids in mobile containers have been tightened, both outdoors and in covered storage facilities, and are covered by a specific order;
- the decree of October 3, 2010 is now dedicated solely to storage in fixed above-ground tanks.
Radiation protection: Zone demarcation & verification
The decree of January 28, 2020 has adapted the provisions relating to the delimitation and marking of supervised and controlled zones. The names of certain zones have been changed, and the criteria for their delimitation have been modified.
The decree of October 23, 2020, known as the "verifications" decree, provides a framework for measurements carried out as part of risk assessment. It also specifies the employer's obligations in terms of checks to protect workers against ionizing radiation. Internal and external technical inspections are replaced by :
- initial checks, and their renewals, carried out by accredited organizations;
- and periodic inspections by or under the supervision of the radiation protection advisor.
Blind spot warning on vehicles over 3.5 tonnes
Blind spot signage will become compulsory from January 1, 2021 on all vehicles with a gross vehicle weight (GVW) of over 3.5 tonnes. Failure to comply will result in a 4th class fine (€135).
An exemption is provided if an equivalent device complying with the regulations of another European Union country is present.
In addition, vehicles will benefit from a one-year transition period if they are fitted with another blind spot warning device on the sides and rear before March 31, 2021.
What are the key regulatory developments to come?
Regulatory news at the end of 2020 and into 2021 is likely to be quite rich. We can mention several of the expected topics.
With regard to the environment, the following are expected:
Texts finalizing recent developments in waste management should soon be published. In particular, they will require the digital dematerialization of BSD waste records via Trackdéchets.
The 2910 heading (combustion installations) will be modified once again. This change will have a major impact on the way in which sites are classified under this heading. It will bring the definition of this heading into line with the combustion data sheets.
In the area of safety, we expect :
The decrees governing asbestos detection prior to work on buildings such as land, civil engineering structures and transport infrastructures, and on installations, structures or equipment contributing to the performance or implementation of an activity.
New OELs (Occupational Exposure Limits) will have to be transposed by France.
In radiation protection, a list of nuclear activities subject to ASN registration is awaited. This list will also be used to define activities subject to ASN authorization.
Energy regulations are also set to expand with :
The final texts, finalizing the "tertiary decree" regulations, are awaited, in addition to the decree issued in 2020.
The requirements for buildings in terms of energy consumption and carbon footprint are set to increase. A new regulation, the RE2020 environmental regulation, will replace RT2012.
Conclusion
EHS regulations are constantly being tightened. In 2020, whether in the environmental, energy or safety fields, the news was full of significant regulatory developments. It's a safe bet that this will also be the case in 2021.
Companies therefore need to be particularly vigilant in identifying developments that concern them, so that they can meet their regulatory obligations.