Regulatory Overview: Key HSE Topics

This text summarizes the major regulatory developments of 2019: asbestos detection before work, new OELs, the tertiary sector decree for energy, and the creation of ICPE section 1978.

Marie Faucon
Consultante HSE
Publication : 
06.03.2020
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

2019 was a year rich in HSE regulations! What were the essential HSE topics? For new developments and changes, take 5 minutes to read this summary of the essential topics from 2019 that will continue to be discussed in 2020: pre-work asbestos surveys, Occupational Exposure Limits (OELs), energy renovation of tertiary buildings, and the creation of a new ICPE section.

Summary: Framework for pre-work asbestos surveys (RAT) in buildings

The decree of July 16, 2019, concerning asbestos detection specifies the conditions under which pre-work asbestos surveys (RAT) must be conducted in built properties.

This RAT is mandatory for elements or buildings constructed before July 1, 1997.

Other implementing decrees will be published for different sectors. The decree for structures or equipment is expected by July 1, 2020.

Chemical risks: monitoring of indicative Occupational Exposure Limits (OELs)

Two European directives have added occupational exposure limits for certain substances:

On June 5, 2019, Directive No. 2004/37/EC of April 29, 2004, on the protection of workers from risks related to exposure to carcinogens or mutagens, was amended to add 5 new OELs (notably for cadmium and its inorganic compounds).

On October 24, the new Directive (EU) No. 2019/1831 established a fifth list of occupational exposure limits (OELs). As a reminder, these values are indicative, and it is up to the Member States to refer to them to define their own national OELs.

Looking ahead, here's what the European Commission envisions:

  • include hazardous medicinal products in the list of substances subject to OELs by June 30, 2020
  • introduce a combination of airborne and biological OELs for cadmium by July 11, 2022

Overview of energy renovation for commercial buildings

Decree No. 2019-771, which sets energy consumption reduction obligations for commercial buildings, known as the "tertiary decree," was published on July 25, 2019, and came into force on October 1 of the same year.

Affected buildings include: parts of buildings or building complexes with a tertiary activity (commercial or non-commercial) existing as of November 24, 2018, and having a total or cumulative floor area equal to or greater than 1000 m².

To achieve these objectives, you have several options: carrying out renovation work, installing high-performance equipment as well as control and active management systems, modifying equipment operating procedures, or even changing the behavior of building occupants.

The draft order concerning energy consumption reduction obligations for tertiary buildings is open for public consultation until January 25, 2020. This order specifies the implementation methodology for the provisions outlined in the Tertiary Decree. Publication is expected during 2020.

The creation of heading 1978 for Installations Classified for Environmental Protection (ICPE)

Decree No. 2019-1096 of October 28, 2019, amending the nomenclature of installations classified for environmental protection, created heading 1978: IED installations and activities using organic solvents.

This heading specifically applies to installations and activities listed in Annex VII of Directive No. 2010/75 of 24/11/10 on industrial emissions (known as the IED Directive), which use organic solvents. 20 activities are concerned, and all are subject to the same declaration regime (for example: heatset web offset printing, surface cleaning using volatile organic compounds (…), dry cleaning, adhesive coating, …).

Furthermore, the order of December 13, 2019, concerning general requirements applicable to installations subject to the declaration regime under heading No. 1978, was published in the Official Journal on January 17, 2020. It defines all provisions applicable to ICPEs subject to this new heading.

Given the varied and extensive regulatory news, to keep you informed of your rights and obligations, you can now receive your monthly summary feed.

Continue reading for the annual review of HSE topics for late 2020 and early 2021.