EHS 2023 regulations and future developments

The year 2023 has been rich in significant regulatory developments!

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2023 environmental regulations‍

PEMD" diagnostics (Products, Equipment, Materials and Waste)

The owner of a project involving the demolition of a major part of a building's structure, or the significant renovation of certain buildings, must carry out a diagnosis of the waste resulting from the work.

This includes demolition and renovation work on the following buildings:

those with a combined floor area of over 1,000 m ²;
where agricultural, industrial or commercial activity has taken place and one or more substances classified as hazardous have been used, stored, manufactured or distributed.

Fire prevention for surface treatment

Fire risk regulations have been tightened for surface treatment facilities.

This applies to facilities classified under the registration regime under headings n° 2564 or n° 2565, or under the authorization regime under heading n° 3260.

For more information: https: //hse-reglementaire.com/traitement-de-surface-renforcement-des-prescriptions-relatives-au-risque-dincendie-pour-les-installations-classees/

PFAS substances: inventory and analysis obligations for substances present in ICPEs subject to authorization

Per- or polyfluoroalkylated substances (PFAS) are eternal pollutants.

Operators of ICPEs subject to authorization (falling under certain headings or using, producing, treating or discharging PFAS) are required to carry out an inventory of PFAS substances, as well as analytical campaigns in their aqueous discharges.

For more information: https: //hse-reglementaire.com/traitement-de-surface-renforcement-des-prescriptions-relatives-au-risque-dincendie-pour-les-installations-classees/

ICPE restrictions during drought periods

In a context where drought episodes are intensifying and extending beyond the summer periods, a decree has established a national framework for imposing restrictions on certain ICPEs subject to authorization and registration.

To find out more: Water restrictions for ICPEs during the drought - https://hse-reglementaire.com/

Obligations Légales de Débroussaillement des SEVESO

Legal brush-clearing obligations now apply, in the zones concerned by these obligations, in the vicinity of Seveso ICPEs, to a depth of 100 m from the property limits of the establishment (which can be extended to 200 m by decision of the prefect).

Green Industry Act

The aim of this law is to accelerate the ecological transition and the decarbonization of industry.

For more information: https: //hse-reglementaire.com/loi-industrie-verte/

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2023 safety regulations‍

Raising awareness of cardiac arrest and lifesaving techniques

Under French regulations, must be made aware of the need to fight cardiac arrest and learn lifesaving techniques in a number of cases, particularly for certain employees.

To find out more: Awareness of life-saving techniques in the workplace - https://hse-reglementaire.com/

Pain factors :

The thresholds for night work and alternating shifts have been lowered as of September 1, 2024.

To find out more: What are the latest developments in work-related stress? - https://hse-reglementaire.com/

Reporting fatal accidents to the Labour Inspectorate

When a worker is the victim of a fatal accident at work, the employer must inform the Labour Inspectorate competent for the place where the accident occurred immediately, and at the latest within 12 hours of the worker's death. If the employer can demonstrate that he was not aware of the death within 12 hours, this period runs from the moment he learns of the worker's death.

Machine regulations

The Machinery Regulation will replace the current 2006 Machinery Directive as of January 20, 2027. It takes account of new technologies and provides a framework for substantial modifications.

To find out more: New Machinery Regulations: the main new features (hse-reglementaire.com)

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2023 energy regulations‍

Existing parking lots : Umbrellas

Existing parking lots over 1,500 m² must be equipped with shading systems incorporating renewable energy production processes (e.g. solar power).

Find out more: Renewable energies law: what impact on companies? (hse-reglementaire.com)

Existing buildings: panels or green roofing

Existing buildings over 500 m² in size and used for certain purposes (industrial, offices, etc.) must incorporate renewable energy production processes or green roof systems by 2028.

Find out more: Renewable energies law: what impact on companies? (hse-reglementaire.com)

Energy Directive

This directive stipulates that companies with high energy consumption must implement an energy management system (e.g. ISO 50 001 certification). It also modifies the criteria for energy audits. It must be transposed by France before October 2025.

BACS decree

Some buildings will have to install automation and control systems (BACS) by 2025 or 2027.

This applies to buildings used for tertiary activities, equipped with heating or air-conditioning systems, whether or not combined with a ventilation system, with a rated output of over 70 kW.

Find out more: BACS decree: regulatory update (hse-reglementaire.com)

Insulation and temperature control

Temperature control and insulation requirements for heating and cooling distribution networks have been tightened for certain categories of building.

Find out more: New insulation requirements for heating networks - https://hse-reglementaire.com/

What are the key regulatory developments to come?

The regulatory news for 2024 should be quite rich. Among the topics expected, we can mention several.

Reinforcement of refrigerant regulations

The aim of the draft regulation is to replace Regulation No. 517/2014 of April 16, 2014, known as the "F-Gas Regulation". Among other things, this draft plans to further regulate the use of HFOs and accelerate the reduction of HFC consumption.

Dematerialization of DASRI on Trackdéchets

Waste from healthcare activities and infectious and similar risks (DASRI) slips will have to be dematerialized on the Trackdéchets platform.

Note: it is already possible to voluntarily dematerialize DASRI slips with Trackdéchets.

CLP revision

The revision of the CLP regulation aims to make labels clearer and easier to understand (including digital labelling).

Note: the revision of the REACH regulation has been postponed, and is unlikely to see the light of day in 2024.

Obligation to use renewable energy processes for existing buildings and parking lots

As a reminder, the French Renewable Energies Act (ENR) introduced the obligation :

existing buildings over 500 m² to install rooftop renewable energy processes by 2028
for existing parking lots of at least 1500m², to install shading systems using renewable energy processes by 2026 or 2028, depending on the size of the parking lot.

We are awaiting the implementing regulations to find out the details of these obligations.

Eco Energie Tertiaire scheme (Tertiary Sector Decree): one (or two) additional decrees

As a reminder, in order to meet targets for reducing energy consumption in commercial buildings, owners (or lessees) may decide to achieve a level of final energy consumption set either in absolute terms (Cabs) according to the category of activity carried out in the building or part of the building, or in relative terms (Crelat).

Absolute final energy consumption levels for the 2030 timeframe are set by decree for each category.

A 4th decree (known as absolute values IV) will cover the following categories: industrial laundries, hospitals, prisons, medico-social establishments, judicial youth protection, private healthcare, sports, parking and courts.

An absolute values decree V should provide a framework for culture and the media in particular.

The values for French Guiana, Guadeloupe, Martinique, Mayotte and Reunion Island are also still to be defined by decree.

Conclusion

HSEE regulations are constantly being tightened. In 2023, whether in the environmental, energy or safety fields, the news was full of significant regulatory developments. These developments have been detailed by our consultants in dedicated webinars:

It's a safe bet that this will also be the case in 2024.

Companies therefore need to be particularly vigilant in identifying developments that concern them, so that they can meet their obligations.