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The year 2020 (as of the end of November) has been full of significant regulatory changes : the Lubrizol action plan, updates to SDSs, inspection of thermodynamic systems, boiler inspections, energy consumption reduction requirements, and more.
As you know, every year we provide an overview of the topics that defined the past year. We sincerely hope this high-level perspective at this pivotal moment in your fiscal year will be useful to you. Let us know in the comments ;)
Regulation of chemical substances and mixtures: amendments to the REACH regulation
Adaptation of Safety Data Sheet content
Regulation (EU) 2020/878 of June 18, 2020, amends and replaces Annex II of the REACH regulation regarding the requirements for establishing a Safety Data Sheet (SDS). In particular, the SDS must now state in each relevant section whether it concerns nanoforms and, if so, specify which ones.
Safety Data Sheets that do not comply with this new format may continue to be provided until December 31, 2022.
Restriction on the use of diisocyanates
These substances are primarily used in the production of foams (polyurethane, etc.) and sealants. They are found in certain glues or paints. They have been identified as category 1 respiratory sensitizers and category 1 skin sensitizers (consequence: occupational asthma).
Training will be mandatory to use diisocyanates as such, as a constituent of other substances, or in mixtures for industrial and professional use, in concentrations, individually or in combination, greater than 0.1% by weight. This training must be completed by August 24, 2023, and renewed every 5 years.
New Occupational Exposure Limits (OELs)
Nine binding OELs will come into effect 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 binding OEL is a standard that must be complied with.
New carcinogenic work processes
Work involving exposure to respirable crystalline silica dust from work processes has been added to the list of carcinogenic substances, mixtures, and processes.
Consequently, affected employers must implement provisions applicable to CMR chemical agents : annual OELV checks, enhanced individual health monitoring for employees, specialized employee training, etc.
Tertiary Decree: regulations are being progressively updated
What is the Tertiary Decree?
What you need to know about the Tertiary Decree is that it specifies the requirements for reducing final energy consumption in certain tertiary-sector buildings. These obligations are spread across deadlines set for 2030, 2040, and 2050.
In addition, an energy consumption declaration must be submitted annually. The first data submission was due by September 30, 2021.
In this context, an initial order was issued in 2020, with an amendment published in January 2021, notably to adjust certain Tertiary Decree deadlines to account for the COVID-19 pandemic.
What does this order contain?
It defines the calculation and adjustment method for final energy consumption (Crelat) and sets the final energy consumption levels in absolute values (Cabs) for specific sectors.
Furthermore, it specifies the conditions for modulating final energy reduction targets based on technical reasons, activity volume, or disproportionate costs. It establishes the requirements for the technical dossier needed when requesting a modulation of reduction targets.
It also details the operation of the OPERAT digital platform. This platform is used to collect annual energy consumption declarations.
Significant regulatory changes: the case of energy equipment
Decree No. 2020-912 of July 28, 2020, transposed the articles regarding the inspection of heating and air conditioning systems, derived from Directive 2010/31/EU on the energy performance of buildings, as amended in 2018.
Regarding boilers:
The decree notably modified the minimum efficiency values and the maintenance requirements for boilers with a rated output between 4 and 400 kW.
Regarding thermodynamic systems:
Following this decree, two orders dated July 24, 2020, modified the procedures for the inspection and maintenance of 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 to regulations for classified installations: the aftermath of Lubrizol
Last February, following the 2019 fire at the Lubrizol sites, the Government presented its Lubrizol action plan, impacting the prevention and management of industrial risks. Let’s look back at some key regulatory changes resulting from this Lubrizol action plan, which modified the provisions relating to Seveso establishments as well as installations subject to authorization or registration under heading 1510 (covered warehouses).
Following Decree No. 2020-1168 and the orders of September 24, 2020:
- operators of installations subject to authorization must now maintain an up-to-date inventory of stored materials;
- this inventory must be highly detailed for certain installations, including SEVESO sites and installations subject to authorization or registration under heading 1510 (covered warehouses);
- for warehouses classified under 1510, storage conditions have been modified (layout, arrangement, distance, etc.) and obligations regarding fire defense plans have been strengthened;
- requirements for the storage of flammable and combustible liquids in mobile containers have been tightened, both outdoors and in covered storage areas, and are now subject to a specific order;
- the order of October 3, 2010, is now dedicated solely to storage in fixed above-ground tanks.
Radiation protection: Zone delineation & inspections
The decree of January 28, 2020, updated the provisions regarding the delineation and signage of supervised and controlled areas. Consequently, the names of certain zones have been modified, and the criteria for their delineation have evolved.
The decree of October 23, 2020, known as the "inspections" decree, governs measurements taken as part of risk assessments. It also specifies the employer's obligations regarding inspections for the protection of workers against ionizing radiation. Internal and external technical controls are replaced by:
- initial inspections, and their renewals, carried out by accredited bodies;
- and periodic inspections by or under the supervision of the radiation protection advisor.
Blind spot signage for vehicles over 3.5 tonnes
Blind spot signage becomes mandatory as of January 1, 2021, for all vehicles with a gross vehicle weight rating (GVWR) exceeding 3.5 tonnes. Failure to comply will result in a 4th-class fine (€135).
An exemption is provided if an equivalent device compliant with the regulations of another European Union country is present.
Furthermore, vehicles will benefit from a one-year transition period if they are equipped on the sides and rear, before March 31, 2021, with another type of blind spot warning device.
What major regulatory changes are on the horizon?
The regulatory landscape for the end of 2020 and 2021 is expected to be quite busy. Among the anticipated topics, we can highlight several.
Regarding the environment, the following are expected:
The texts finalizing recent changes in waste management should be published soon. They will notably mandate the digital dematerialization of waste tracking slips (BSD) via Trackdéchets.
Section 2910 (combustion installations) will be modified once again. This change will significantly impact how a site is classified under this section. It will align the definition of this section with the technical combustion data sheets.
In the field of safety, we expect:
Orders governing asbestos surveys prior to work on properties such as land, civil engineering structures, transport infrastructure, and facilities, structures, or equipment used in the performance or implementation of an activity.
News OELs (occupational exposure limits) will need to be transposed by France.
In radiation protection, the list of nuclear activities subject to ASN registration is pending. This list will also define the activities subject to ASN authorization.
Energy regulations are also expected to expand with:
The final texts completing the "tertiary decree" regulations are expected, supplementing the order issued in 2020.
Requirements for buildings regarding energy consumption and carbon footprint will be tightened. A new regulation, the RE2020 environmental regulation, will replace the RT2012.
Conclusion
HSE regulations are constantly becoming more complex. In 2020, whether in environment, energy, or safety, there were many significant regulatory developments. It is a safe bet that this will also be the case in 2021.
Companies must therefore be particularly vigilant in identifying developments that affect them through their monitoring processes to ensure they can meet their regulatory obligations.