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We invite you to review the main HSE andEnergymeasures, effective January 1st of this new year: the new criteria for arduousness agreements, the monetization of C2P training points, the list of activities subject to ASN declaration, ADR 2019, ...
HSE and Energy: What's New
New criteria for agreements on the prevention of arduousness (Labor Code Articles D. 4162-1 to R.4162-8)
The criteria for being subject to the obligation to establish a collective agreement or, failing that, an action plan to prevent the effects of exposure to occupational risk factors considered arduous have evolved.
Companies and public establishments employing at least 50 employees (or belonging to a group employing at least 50 employees) and meeting one of the following conditions are now required to establish an agreement or an action plan:
- at least 25% of employees exposed to at least one of the 6 occupational risk factors eligible under the professional prevention account: Hyperbaric activities, Extreme temperatures, Noise, Night work, Alternating shift work, Repetitive work
- or an accident rate greater than 0.25.
We invite you to read our article on the subject to determine if you are subject to the obligation to draw up an agreement.
Monetization of training points acquired under the professional prevention account (C2P) (Labor Code Articles R. 4163-11 to D. 4163-30)
Previously, each point registered on the C2P entitled the holder to 25 hours of coverage for all or part of the costs of a continuous professional training action aimed at accessing a non-exposed or less exposed job. A monetary value is now assigned to each point.
Thus, each point entitles the holder to an amount of 375 euros to finance training within the framework of the personal training account (CPF).
Experimentation with apprentices' VIP being carried out by a general practitioner (Decree No. 2018-1340 of December 28, 2018)
If occupational health service doctors are unavailable, the information and prevention visit (VIP) for apprentices can be carried out, under certain conditions, by a general practitioner.
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 concluded between April 30, 2019 and October 31, 2021.
Activities subject to ASN declaration (Order of November 21, 2018)
The Order of November 21, 2018 establishes the list of nuclear activities subject to declaration to the ASN (Nuclear Safety Authority) under the Public Health Code as of January 1st 2019: certain electrical devices emitting ionizing radiation, certain radioactive sources and devices containing radioactive sources, etc. It also specifies the information that must be included in the declaration.
Authorizations issued until December 31, 2018 serve as declarations until their expiry date, provided there is no modification to the authorized nuclear activity.
Adaptation of the TMD Order to new international agreements (Order of May 29, 2009)
The TMD Order consolidates the rules applicable to the transport of dangerous goods within national territory for the 3 land modes: Road, Rail, Inland Waterway. It has been adapted to incorporate changes in international regulations concerning the transport of dangerous goods by land (ADR 2019, RID 2019, and ADN 2019).
The main modifications concern the following points: appointment of a safety advisor for shippers, parking of marked vehicles, content of the safety advisor's annual report, transport of waste from roadworks or demolition or rehabilitation sites for damaged buildings contaminated with unbound asbestos of UN Nos. 2212 or 2590, radioactive waste, etc.
Employers may continue to apply the old provisions of the TMD Order until June 30, 2019. Regarding the new CSTMD report template, it will be applicable in 2020 for the 2019 report.
ICPE heading for hydrogen service stations (ICPE Nomenclature, Order of October 22, 2018)
A new heading has been created in the ICPE nomenclature by Decree No. 2018-900 of October 22, 2018 to regulate hydrogen service stations, whether open to the public or not.
As of January 1, 2019, these installations are classified under heading 1416 as requiring declaration with periodic control if the quantity of hydrogen distributed is greater than or equal to 2 kg per day. An Order of October 22, 2018 sets out the general requirements applicable to these installations.
Existing installations have until 11st January 2020 to register with the prefect in order to benefit from prior rights.
Template for the 5-stream waste recovery certificate (Order of July 18, 2018)
As a reminder, waste-producing or waste-holding companies must be able to demonstrate that the waste streams have been recovered. To do this, they must obtain documentation for the transferred waste from waste recovery facility operators or intermediaries.
Therefore, waste recovery facility operators and intermediaries engaged in collecting, transporting, trading, or brokering waste for recovery purposes must issue annually, before March 31, to producers or holders of paper, metal, plastic, glass, and wood waste who have transferred waste the previous year, a certificate stating the quantities in tonnes, the nature of the waste entrusted to them the previous year for recovery, and its final recovery destination. The Order of July 18, 2018, sets the template that must now be used for this certificate.
Template for the certificate confirming the integration of pollution management measures (Order of December 19, 2018)
As a reminder, applications for building or development permits for construction or subdivision projects in areas with soil information and on sites that previously housed a classified environmental protection facility that has been properly remediated must include a certificate issued by a consulting firm certified in the field of polluted sites and soils or equivalent. This certificate ensures that pollution management measures are incorporated into the design of the construction or development project.
The Order of December 19, 2018, sets the template that must now be used by consulting firms to issue the certificate.
Reduced rate for the TGAP on the incineration of non-hazardous waste (Customs Code Articles 266 sexies to 266 quindecies)
Now, only an ISO 50001 certification (and no longer an ISO 14001 certification or an ISO 50001 certification) grants the right to a reduced TGAP rate for the incineration of non-hazardous waste.
As a reminder, the TGAP on the incineration of non-hazardous waste applies to facilities subject to authorization under heading 2771 (thermal treatment facility for non-hazardous waste).
Certificates, diplomas, and professional qualifications allowing the issuance of the AIPR (Orders of October 29, 2018, and December 18, 2018)
As a reminder, individuals working under the supervision of a project manager (contracting authority) or a company performing work near overhead, underground, or underwater utility networks of all types must, since January 1, 2018, hold a permit for intervention near networks (AIPR) issued by their employer.
The issuance of the AIPR by the employer is conditional, firstly, on the employer's assessment of the individual's competence, and secondly, on the individual possessing at least one of the following supporting documents:
- Certificate, diploma, or professional qualification of level I to V, less than 5 years old, corresponding to the types of activities performed and registered in the national directory of professional certifications,
- Valid Certificate of Aptitude for Safe Operation (CACES), whose scope includes working near networks,
- Valid certificate of competence issued by a recognized examination center based on a multiple-choice questionnaire (MCQ) exam,
- Equivalent certificate, qualification, or attestation issued in another European Union Member State.
Two decrees establish the list of certificates, diplomas, and professional qualifications issued respectively by the Ministry of Agriculture and Food and by the Ministry of Labor.
Periodic inspection points for installations subject to declaration under headings 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.
These include installations falling under one of the following headings for the declaration regime: 1414 (filling or distribution of liquefied flammable gases), 2230 (processing and transformation of milk or milk products), 2240 (extraction or processing of animal or vegetable oils and fats), 2275 (manufacture of yeast and other food-grade fungal products), 2350 (tanneries, leather dressing facilities...), 2430 (Pulp preparation), 2440 (manufacture of paperboard) or 2546 (industrial processing of non-ferrous ores, production of non-ferrous metals and alloys).
For these headings, the points subject to inspection, as well as, among these inspection points, those for which non-compliance constitutes a major non-conformity, came into effect on 1st January.
Conclusion
In a context of significant HSE and Energy, we invite you to carefully check if any of these measures apply to you and, if so and if not already done, to review them thoroughly and implement them.