HSE and Energy Regulatory Watch for April 2023

French and European texts concerning environment, energy, and occupational health and safety from April 2023.

Marie Faucon
Consultante HSE
Publication : 
24.05.2023
Table of Contents
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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 list below is an extract of publications in French and European official journals concerning environment, energy, and occupational health and safety from April 2023.

Environnement

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ENVIRONMENT

Management of waste from building demolition or renovation: PEMD (Products-Equipment-Materials-Waste) diagnosis and collection form

Order of March 26, 2023, relating to the diagnosis concerning the management of products, equipment, materials, and waste from the demolition or significant renovation of building categories [JORF of April 29, 2023]

As a reminder, the project owner of a demolition operation involving a major part of a building's structure or a significant renovation of certain buildings must carry out a diagnosis concerning the waste generated by these works.

What's new:

  • declaration to CSTB and no longer to Ademe;
  • creation of the Cerfa form for the PEMD diagnosis;
  • the Cerfa collection form for PEMD has a new presentation.

Energie

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ENERGY‍

Building automation and control systems (BACS) in buildings used for tertiary activities

Construction and Housing Code Articles R. 175-1 to R. 175-9: Control of building technical systems, amended by Decree No. 2023-259 of April 7, 2023, concerning building automation and control systems in tertiary buildings [Official Journal of April 8, 2023]

This amendment allows for:

  • expanding the scope of the obligation to install a building automation and control system in tertiary buildings;
  • introducing a periodic inspection requirement for these systems;
  • removing the maintenance exemption for technical systems connected to the building automation and control system.

For more information on this topic: BACS Decree: regulatory update - https://hse-reglementaire.com/

Order of April 7, 2023, concerning building automation and control systems in tertiary buildings [Official Journal of April 8, 2023]

This order specifies the inspection procedures for building automation and control systems.

Sécurité

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SECURITY‍

Temporary exemption from the obligation to provide workers with hot running water

Decree No. 2023-310 of April 24, 2023, regarding the option to derogate until June 30, 2024, from the obligation to provide workers with temperature-controlled water in the workplace [JORF du 27 avril 2023]

This provision is part of the energy sobriety objective. The exemption is applicable under certain conditions.

Occupational Arduousness: Changes related to the Professional Prevention Account

Labor Code Articles L. 4161-1 to L. 4163-22: Provisions concerning the prevention of the effects of exposure to certain occupational risk factors and the professional prevention account, amended by LAW No. 2023-270 of April 14, 2023, on the amending social security financing law for 2023 [JORF du 15 avril 2023]

This law now stipulates that, under agreements, professional branches can establish lists of professions or activities particularly exposed to occupational risk factors related to significant physical constraints.

It adds a new use for points recorded in the Professional Prevention Account (C2P).