Publication of the decree on asbestos detection

The decree of June 4, 2024 provides a framework for asbestos detection prior to work on civil engineering structures, transport infrastructures and other networks, applicable from July 2026.

Léa Soler
EHS Consultant
Update : 
12.09.2025
Publication: 
21.10.2024
Contents
Example H2
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Publication of the decree on asbestos spotting for certain operations carried out in buildings other than buildings, such as civil engineering structures, transport infrastructures or miscellaneous networks.

Brief background

Following the gradual publication of decrees concerning asbestos detection and its implementation in specific sectors, a final decree was awaited.

The decree of June 4, 2024 (JORF of June 30, 2024) now governs asbestos detection prior to certain operations carried out in buildings other than buildings, such as civil engineering structures, transport infrastructures or miscellaneous networks.

As a result, spotting work is now regulated for the following sectors:

  • Buildings ;
  • Other real estate such as land, civil engineering structures and transport infrastructure ;
  • Railway rolling stock and other transport rolling stock ;
  • Ships, boats, floating machines and other floating structures
  • Aircraft ;
  • Facilities, structures or equipment used to carry out or implement an activity.

This latest order is due to come into force on July1, 2026. Only appendices I and II concerning the training of detection operators have been applicable since June 30, 2024.

As a reminder, materials or products likely to contain asbestos are those :

  • Whose composition may have included asbestos during certain periods of their manufacture and for which the presence or absence of asbestos has not been demonstrated;
  • Containing aggregates likely to contain environmental asbestos.

Objective and scope

First of all, it is stipulated that the client, project owner or owner of an undeveloped building must research, identify and locate asbestos-containing materials and products likely to be affected by the work and interventions:

  1. Removal or encapsulation of asbestos and asbestos-containing materials, equipment, materials or articles, including in cases of demolition;
  2. On materials, equipment, materials or articles likely to emit asbestos fibers.

And before any operation involving the risk of worker exposure to asbestos.

These may include wastewater or rainwater drainage networks, electrical networks, gas networks, pipes, manholes, etc., as well as pedestrian, bicycle, road, rail, port and airport structures, with the exception of private roads serving built-up areas (the latter being covered by standard NF X 46-020 concerning built-up areas, made applicable by the decree of July 16, 2019).

It should be noted that asbestos research is not necessary when the information recorded in the traceability documents or database provides sufficiently precise information as to the presence or absence of asbestos in the materials and products likely to be affected by the planned work.

Tracking players

Article 2 specifies a number of definitions, including the following:

  • The client is the natural or legal person who defines and orders the work to be carried out on a civil engineering structure, transport infrastructure or other network;
  • The asbestos surveyor , defined as the individual who carries out an asbestos survey for a client.

In the case of operations involving several sub-areas (civil engineering works and/or transport infrastructure and/or miscellaneous networks), if the client commissions several asbestos surveyors, he may designate one of them to act as first-level coordinator. The first-level coordinator ensures that the conclusions drawn from the various asbestos surveys commissioned by the client are consistent, and that they are in line with the asbestos survey program set out in the work schedule.

When the client's project involves several fields of activity (among those listed in the box above), he can appoint a second-level coordinator from among the surveyors chosen for each of the fields concerned.

The skills required of the spotting operator are specified in the appendix to the order.

The latter must comply with the requirements of standard NF-X 46-102: November 2020 to carry out its mission.

Note :

Surveys carried out prior to the date of entry into force of this order, in compliance with the survey methodology of standard NF X 46-102: November 2020, are valid.

On the other hand, surveys carried out prior to the date of entry into force of this order, which do not comply with the methodology set out in standard NF X 46-102: November 2020, must, in the event of new work being planned which falls wholly or partly within their scope of investigation, give rise to an assessment by a survey operator and, where appropriate, to further investigations by such an operator. by such an operator.

The mission

The client must provide the surveyor with the resources needed to carry out his work. He must draw up a detailed list and schedule of the work to be carried out. He must also provide the surveyor with the plans and bibliographical data in his possession.

The survey operator must then analyze the data transmitted and establish the scope and program of work. He then takes all necessary steps to ensure that the survey is carried out, in particular by establishing his sampling and analysis order strategy in complete independence and impartiality.

When, during the course of the survey, it is necessary to take one or more samples for analysis in order to reach a conclusion on the presence or absence of asbestos, the appropriate accredited laboratory is called in.

The surveyor may begin his work after having carried out :

  • Removal or relocation of goods in the parts of the civil engineering structure, transport infrastructure or miscellaneous network concerned by the planned operation, so that all components covered by the survey program and present within the scope of said survey can be made accessible and to prevent pollution of these furnishings by asbestos fibers;
  • Evacuation of personnel from civil engineering structures, transport infrastructure or other networks. However, research that does not generate fiber emissions can be undertaken prior to evacuation.

Once the survey has been completed, a report is drawn up for each structure. This is given to the client, who must then update the traceability file for the unbuilt building.

Note :

When certain parts of the structure, infrastructure or network likely to be affected by the planned operation are not technically accessible, the operator must explain in his report the reasons why he was unable to search for asbestos on these parts of the structure in question, and give details of the additional investigations still to be carried out between the various stages of the planned operation.

Work can then start only on the parts that have been investigated. As work progresses, additional investigations will need to be carried out on materials and products likely to contain asbestos within the perimeter of the work still to be carried out.

When it has not been possible to carry out the detection work for one of the reasons listed in the French Labor Code*, or because it is technically impossible to carry out the investigations, workers must be protected collectively and individually as if the presence of asbestos had been confirmed.

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* These cases are set out in article R. 4412-97-3 of the French Labor Code:

  • Emergency linked to a disaster presenting a serious risk to public health and safety, environmental protection or to people and property;
  • When the surveyor considers that the technical conditions or circumstances in which the survey is to be carried out are such as to expose him to an excessive risk to his health or safety;
  • When the operation is aimed at repair or corrective maintenance and involves work on materials, equipment, materials or articles likely to give rise to the emission of asbestos fibers, and when the dust level is of the first level, i.e. less than 100 fibers per liter.

Photo credit: 487330217 @Francesco Scatena