Asbestos before work: Identification

The implementation of expected regulations regarding asbestos identification prior to construction work has been postponed. However, such assessments remain mandatory under the Labor Code before any work is performed on buildings.

Marie Faucon
Consultante HSE
Publication : 
10.05.2019
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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The asbestos identification prior to construction work … A vast regulatory topic that has been covered before … And yet, we are still waiting for the official regulatory texts on this subject! And the deadline has just been pushed back.

As a reminder, asbestos is a natural fiber that was widely used in construction materials and products such as suspended ceilings, thermal insulation, spray-applied fireproofing, and floor tiles. Exposure to asbestos can lead to respiratory diseases (pleural plaques, lung and pleural cancers, fibrosis, etc.).

The use of asbestos has been banned in France since January 1, 1997, but many buildings and equipment constructed before that date still contain it.

The Labor Code stipulates that the contracting authority, project owner, or owner of buildings, equipment, machinery, or items must have the presence of asbestos checked prior to any operation that carries a risk of worker exposure to asbestos.

Asbestos identification must be carried out through anasbestos identification prior to construction work, the conditions of which—specifically the search procedures and material analysis methods—are set by ministerial orders.

Note 1: This particularly concerns operations involving buildings, equipment, machinery, or items constructed or manufactured before the asbestos ban in France in 1997.

Note 2: This article does not aim to summarize all regulations applicable to asbestos; it focuses on the "new" requirement for asbestos identification prior to construction work.

Asbestos identification prior to construction work: procedural conditions

The inspector must possess the qualifications and resources defined by ministerial orders (forthcoming) and must have no conflict of interest with any other party involved in the same project.

The project owner, contracting authority, or property owner must provide all relevant information to the inspector and respect their impartiality, even when dealing with their own employees.

In certain strictly defined situations (emergencies related to a disaster presenting serious risks, exposure of the inspector to excessive safety risks, or corrective maintenance or repair work with an estimated dust level of less than 100 fibers per liter as part of the risk assessment), the inspector may determine that the assessment cannot be carried out. In such cases, collective and individual worker protection must be ensured according to measures set out in the ministerial orders, as if the presence of asbestos were confirmed, and defined by the company based on the risk assessment and the level of urgency.

When the inspection is inseparable from the operation itself for technical reasons communicated by the operator to the project owner, commissioning party, or property owner, the operator must carry out the inspection progressively as the operation proceeds, in accordance with the procedures specified by the decrees.

Note: Once an inspection has been carried out in a specific area, subsequent operations in the same area will not require a new inspection, unless new information makes one necessary.

Asbestos inspection report before work

The search for asbestos results in an inspection report. This report must conclude whether asbestos is absent or present. If asbestos is present, it must specify the nature, location, and estimated quantity of the asbestos-containing materials.

This report must be made available to any new commissioning party or project owner for subsequent operations within the same area.

For buildings, the following must be appended to the inspection report where applicable:

  • the asbestos technical file (DTA);
  • the inspection report for materials and products on list C prior to demolition;
  • the waste diagnostic report for demolition work, which must be prepared for buildings with a gross floor area (SHOB) exceeding 1,000 m² and/or those that have hosted agricultural, industrial, or commercial activities involving the use, storage, manufacture, or distribution of one or more hazardous substances.

The inspection report must:

  • be included in the demolition, removal, or encapsulation plan;
  • be submitted to the labor inspector and the CARSAT when the foreseeable duration of an intervention likely to cause the emission of asbestos fibers exceeds 5 days;
  • be attached to the tender documents provided to bidding companies or sent to companies considering carrying out the operation;
  • be communicated by the head of the user company to the head of the external company working on their premises;
  • be attached to the prevention plan;
  • be communicated, where applicable, to the project manager and the health and safety coordinator (SPS). This report must then be attached to the subsequent intervention file for the structure (DIUO) prepared by the SPS coordinator.

Effective dates

This requirement for asbestos inspection before work was initially scheduled to come into effect on 1st October 2018. However, as the implementing orders had not been published, Decree No. 2019-251 of March 27, 2019, pushed back this deadline. The new schedule is as follows:

  • built properties: March 1, 2019;
  • other properties such as land, civil engineering works, and transport infrastructure: October 1, 2020;
  • railway rolling stock and other transport rolling stock: January 1, 2020;
  • ships, boats, floating craft, and other floating structures: January 1, 2020;
  • aircraft: July 1, 2020;
  • installations, structures, or equipment contributing to the realization or implementation of an activity: July 1, 2020.

Note: despite this postponement, the order concerning built properties has not yet been published, even though the date has already passed! It seems there is a debate over whether to make the NF X 46-020 standard, "Identification of materials and products containing asbestos in built properties ," mandatory.

In conclusion, while awaiting the publication of the orders, the DGT (General Directorate for Labour) indicates that asbestos identification before work remains required based on the risk assessment provided for by Article R. 4412-97 in its version resulting from the decree of May 4, 2012, and general prevention principles.

For operations involving buildings constructed before 1997, you can notably rely on the information contained in your DTA (Asbestos Technical File). We will keep you informed in a future article about the publication of the orders and their content.

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