.svg)
We take a look at the mainEHS andenergy-related measures that came into force on January 1 of this year: the new criteria for arduous working conditions agreements, the monetization of C2P training points, the list of activities subject to ASN declaration, ADR 2019, ...
EHS and Energy: what's new
New criteria for agreements to prevent arduous work (French Labor Code Articles D. 4162-1 to R.4162-8)
The criteria for compliance with the obligation to draw up a collective agreement or, failing that, an action plan to prevent the effects of exposure to the occupational risk factors considered to be penurious have changed.
Companies and public establishments employing at least 50 employees (or belonging to a group employing at least 50 employees) and meeting one or other of the following conditions are now required to draw up an agreement or action plan:
- at least 25% of employees exposed to at least one of the 6 occupational risk factors eligible for the professional prevention account: activities in hyperbaric environments, extreme temperatures, noise, night work, alternating shifts, repetitive work, etc.
- or loss ratio greater than 0.25.
We invite you to read our article on the subject to determine whether you are subject to the obligation to draw up an agreement.
Monetization of training points acquired under the professional prevention account (C2P) (French Labor Code Articles R. 4163-11 to D. 4163-30)
Until now, each point registered on the C2P gave entitlement to 25 hours' reimbursement of all or part of the cost of a continuing vocational training course aimed at accessing a non-exposed or less-exposed job. A monetary value is now given to each point.
In this way, each point entitles the holder to 375 euros to finance training under the Personal Training Account (CPF).
Experimenting with the performance of apprentices' VIP by a town doctor (Decree no. 2018-1340 of December 28, 2018)
In the event of unavailability of occupational health service doctors, the apprentice's information and prevention visit (VIP) can be carried out, under certain conditions, by a town doctor.
This experiment begins on January 1, 2019 and ends on December 31, 2021. It concerns all apprentices, with the exception of those in agricultural education, whose contracts are signed between April 30, 2019 and October 31, 2021.
Activities subject to ASN declaration (Order of November 21, 2018)
The order of November 21, 2018 sets out the list of nuclear activities subject to ASN (nuclear safety authority) declaration under the public health code as of January1, 2019: certain electrical devices emitting ionizing radiation, certain radioactive sources and devices containing radioactive sources, ... It also specifies the information that must be included in the declaration.
Authorizations issued up to December 31, 2018 are valid in lieu of declarations until their expiry date, provided there is no change in the authorized nuclear activity.
Adaptation of the TDG decree to new international agreements (Decree of May 29, 2009)
The TDG decree groups together the rules applicable to the transport of hazardous goods on national territory for the 3 land modes: Road, Rail, Inland waterway. It has been adapted to take account of changes in international regulations on the transport of dangerous goods by land (ADR 2019, RID 2019 and ADN 2019).
The main changes concern the following points: appointment of a safety advisor for consignors, parking of marked vehicles, content of the safety advisor's annual report, transport of waste from roadworks or demolition or rehabilitation sites contaminated by unbound asbestos of UN 2212 or 2590, radioactive waste, etc.
Employers may continue to apply the old provisions of the TDG Order until June 30, 2019. The new CSTMD reporting model will be applicable in 2020 for the 2019 report.
ICPE classification for hydrogen filling stations (Nomenclature ICPE, Arrêté du 22 octobre 2018)
A heading was created in the ICPE nomenclature by decree no. 2018-900 of October 22, 2018 to regulate hydrogen filling stations open or not open to the public.
Since January 1, 2019, these facilities have been classified for declaration under periodic inspection under heading 1416 if the quantity of hydrogen dispensed is greater than or equal to 2 kg per day. An order dated October 22, 2018 sets out the general requirements applicable to these facilities.
Existing facilities have until January1, 2020 to register with the prefect in order to benefit from grandfathering rights.
Model of the 5-stream waste recovery certificate (Order of July 18, 2018)
As a reminder, companies producing or holding waste must be able to prove that the waste has been recovered. To do this, they must obtain proof of the waste they have sold from the operators of recovery facilities or intermediaries.
Accordingly, operators of recovery facilities and intermediaries carrying out waste collection, transport, trading or brokerage activities with a view to recovery issue a certificate each year, before March 31, to producers or holders of paper, metal, plastic, glass and wood waste who have transferred waste to them in the previous year, stating the quantities expressed in tons, the nature of the waste entrusted to them in the previous year with a view to recovery and its final recovery destination. The Order of July 18, 2018 sets out the model that must now be used for this attestation.
Model of the attestation de prise en compte des mesures de gestion de la pollution (Order of December 19, 2018)
As a reminder, applications for building or development permits for construction or subdivision projects in soil information areas and on land that has been the site of a regularly rehabilitated facility classified for environmental protection purposes must include a certificate issued by an engineering firm certified in the field of polluted sites and soils or equivalent. This certificate guarantees that pollution management measures have been taken into account in the design of the construction or development project.
The order of December 19, 2018 sets out the model that must now be used by design offices to issue the certificate.
Reduced rate for TGAP on non-hazardous waste incineration (Customs Code Articles 266 sexies to 266 quindecies)
From now on, only ISO 50001 certification (and no longer ISO 14001 or ISO 50001 certification) will give entitlement to a reduced rate of TGAP on the incineration of non-hazardous waste.
As a reminder, the TGAP on non-hazardous waste incineration concerns facilities subject to authorization under heading 2771 (non-hazardous waste thermal treatment facility).
Certificates, diplomas and professional qualifications enabling issuance of the AIPR (Orders of October 29, 2018 and December 18, 2018)
As a reminder, since January 1, 2018, people working under the direction of a works project manager (project owner) or a company carrying out work near overhead, buried or underwater networks of all categories must hold an authorization to work near networks (AIPR) issued by their employer.
The issuance of the AIPR by the employer is conditional, on the one hand, on the employer's assessment of the competence of the person concerned, and on the other hand, on the availability for this person of at least one of the following supporting documents:
- Level I to V certificate, diploma or professional qualification, less than 5 years old, corresponding to the type of activities performed and registered in the national register of professional certifications,
- Valid CACES certificate (Certificat d'aptitude à la conduite en sécurité), the scope of which includes work near networks,
- Valid certificate of competence issued by a recognized examination center on the basis of a multiple-choice test,
- Equivalent certificate, title or attestation issued in another member state of the European Union.
Two decrees set out the list of certificates, diplomas and professional qualifications issued by the Ministry of Agriculture and Food and the Ministry of Labor respectively.
Periodic inspection points for installations subject to declaration under a heading 1414, 2230, 2240, 2275, 2350, 2430, 2440 or 2546 (Decree of December 5, 2016)
As a reminder, certain installations subject to ICPE declaration are subject to inspection by an approved body every 5 years or, in the case of ISO 14001 certification, every 10 years.
This applies in particular to facilities falling under one of the following declaration headings: 1414 (filling or distribution of liquefied flammable gases), 2230 (treatment and processing of milk or milk-derived products), 2240 (extraction or processing of oils and fats of animal or vegetable origin), 2275 (manufacture of yeast and other fungal products for food use), 2350 (tanneries, tanning plants, etc.), 2430 (preparation of paper pulp), 2440 (manufacture of paperboard) or 2546 (industrial processing of non-ferrous ores, manufacture of non-ferrous metals and alloys)....), 2430 (preparation of paper pulp), 2440 (manufacture of paperboard) or 2546 (industrial processing of non-ferrous ores, manufacture of non-ferrous metals and alloys).
For these headings, the points subject to control and, among these control points, those for which non-compliance constitutes a major non-conformity came into force on January1.
Conclusion
In a context of intense EHS and Energy news, we invite you to check whether any of these measures apply to you, and if so, to study them in detail and implement them if you haven't already done so.