Decree no. 2016-1074 of August 3, 2016 on the protection of workers against risks due to electromagnetic fields sets out the main obligations of employers in terms of preventing the risks of exposure to electromagnetic fields. It thus transposes Directive 2013/35/EU of July 26, 2013 on the minimum health and safety requirements regarding the exposure of workers to the risks arising from electromagnetic fields into Articles R. 4453-1 to R. 4453-34 of the French Labor Code. We offer you an update on this subject.
Electromagnetic fieldsare produced, for example, by electrolysis, ultrasonic and induction welding, induction surface treatment or microwaves.
Risk assessment of workers' exposure to electromagnetic fields
Employers must assess the risks resulting from workers' exposure to electromagnetic fields. This assessment must enable the employer to position himself in relation to :
- values triggering preventive action (VA),
- and exposure limit values (ELVs) which must not be exceeded except in special circumstances subject to strict supervision.
The assessment of risks related to electromagnetic fields can be carried out on the basis of documentary data. When these data do not allow the conclusion to be drawn that there is no risk of exceeding VAs or STELs, the employer must measure, calculate or numerically simulate electromagnetic field levels.
In particular, employers can refer to the non-binding Guide to Good Practice for the implementation of Directive 2013/35/EU "Electromagnetic Fields". The first volume gives advice on carrying out a risk assessment, while the second volume presents 12 case studies (mechanical engineering workshop, welding, metallurgy, etc.) to help employers tackle this assessment. A version of this guide is available specifically for SMEs.
INRS offers online tools to help companies carry out risk assessments. The Oseray software package (Outil simplifié d'évaluation des rayonnements électromagnétiques) enables companies to estimate exposure to electromagnetic fields.
The results of the risk assessment must be recorded in the single document. They must be communicated to the occupational physician and to the health, safety and working conditions committee (CSE).
The employer must ensure that any worker likely to be exposed to a risk related to electromagnetic fields receives all the necessary information. They must also be able to receive training in line with the results of the risk assessment.
Exceeding values triggering preventive action (cf. article R. 4453-4 of the French Labor Code)
When the risk assessment concludes that the VAs have been exceeded, the employer must determine and implement preventive measures and means such as :
- reduce exposure risks. This involves adopting new processes or equipment, modifying workspaces or work organization, or providing PPE;
- identify, unless exempted, places where workers are likely to be exposed beyond the VA, and restrict access to them if necessary;
- work with the occupational physician to adapt these measures for workers at particular risk (e.g. pregnant women and workers with medical devices)
- draw up a job description.
These measures are not necessary when all the following conditions are met:
- Action values relate only to direct biophysical effects (heating of tissues, stimulation of muscles, nerves or sensory organs, etc.);
- The employer has demonstrated that the exposure limit values are not exceeded;
- Safety risks can be eliminated.
Exceeding exposure limit values (cf. article R. 4453-3 of the French Labor Code)
When preventive measures do not prevent ELVs from being exceeded, the employer must:
- take immediate action to reduce exposure to a level below the TLVs;
- Determine the causes of exceeding ELVs;
- inform the CSE and the labor inspector of the presumed causes of the excess and of the measures planned to prevent a recurrence;
- restrict access to the workplaces concerned;
- give the employees concerned the benefit of a medical check-up.
Special case of exceeding exposure limit values for sensory effects (dizziness, nausea, etc.)
When the employer has no possible alternative to exceeding the ELVs for sensory effects, in addition to the above provisions, he must in particular:
- inform the occupational physician and the Works Council;
- appoint a person to act as an advisor on the prevention of risks associated with electromagnetic fields;
- organize enhanced training for each worker concerned;
- set up a system enabling workers to report the appearance of any sensory effects;
- provide the occupational physician with information on the nature of the work, the characteristics of electromagnetic fields, and the levels and frequency of exposure.
Exposure of young workers and pregnant women to electromagnetic fields
It is forbidden to assign young workers under the age of 18 to work exposing them to electromagnetic fields, i.e. work for which the results of the risk assessment highlight the possibility of exceeding ELVs.
In addition, pregnant women's exposure to electromagnetic fields must be maintained:
- as low as reasonably achievable, taking into account existing best practice recommendations;
- and, in all cases, at a level below the limit values for public exposure to electromagnetic fields defined by Decree no. 2002-775 of May 3, 2002.
Conclusion
As you can see, a wide range of actions need to be taken depending on the outcome of the electromagnetic field risk assessment. So it's important to adopt a methodical, pragmatic approach in order to take appropriate action.