HSE and Energy Regulatory Watch for June 2023

French and European texts concerning environment, energy, and occupational health and safety for June 2023.

Marie Faucon
Consultante HSE
Publication : 
31.07.2023
Table of Contents
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

The list below is an extract of publications in French and European official journals concerning environment, energy, and occupational health and safety for June 2023.

Environnement

ENVIRONMENT

Implementation procedures for a PFAS research and analysis campaign in aqueous discharges from several industrial sectors

Decree of June 20, 2023, relating to the analysis of per- and polyfluoroalkyl substances in aqueous discharges from installations classified for environmental protection subject to authorization [JORF of June 27, 2023]

The per- or polyfluoroalkyl substances (PFAS) are forever chemicals.

Operators of ICPEs subject to authorization (falling under one of the listed categories, or an ICPE establishment subject to authorization using, producing, treating, or discharging PFAS) must:

  • Within 3 months, identify and inventory PFAS substances used, produced, treated, or discharged by their facilities, as well as PFAS substances produced by degradation;
  • Estimate the total quantity of PFAS substances present, in fluoride equivalent, using the defined method;
  • Have a PFAS identification and analysis campaign carried out monthly for 3 months at each of their aqueous discharge points, in accordance with the defined regulatory schedule;
  • Electronically transmit the results of the analysis campaigns to the classified facilities inspection no later than the last day of the month following each campaign (via the GIDAF tool if correctly configured).

Restriction measures on water withdrawals and consumption for ICPEs subject to authorization or registration withdrawing more than 10,000 m3 of water per year

Order of June 30, 2023, concerning restriction measures during drought periods, regarding water abstraction and consumption by classified facilities for environmental protection [JORF of July 5, 2023]

As an authorized/registered ICPE abstracting more than 10,000 m3per year and during drought periods (except for exemptions): Actions must be implemented according to the severity level (vigilance, alert, heightened alert, crisis), in order to achieve the required water abstraction reductions, no later than 3 days following the activation of the severity level.

A number of data points must then be submitted at regular intervals via this site

Energie

ENERGY

Thermal insulation of heating and cooling distribution networks in commercial and multi-occupancy residential buildings

Energy Code, Articles R. 241-6: Provisions concerning the thermal insulation of heating and cooling distribution networks ESTABLISHED BY Decree No. 2023-444 of June 7, 2023 [JORF of June 8, 2023]

Order of June 8, 2023, concerning temperature regulation systems for heating and cooling systems and the thermal insulation of heating and cooling distribution networks [JORF of June 15, 2023]

In line with energy sobriety principles, this article mandates, effective January 1, 2027, the thermal insulation of hot and cold distribution networks present in multi-occupancy residential buildings (or parts of buildings) and in buildings (or parts of buildings) where tertiary activities are carried out, whether for new or existing buildings.

The required characteristics for this insulation are defined by order.

Sécurité

SAFETY

Machinery Regulation

Regulation (EU) 2023/1230 of 14 June 2023 on machinery [OJEU of 29 June 2023]

This text harmonises the essential health and safety requirements applicable to machinery in the EU to ensure the placing of safe machinery on the market (EU declaration of conformity and 'CE' marking, specific measures for potentially dangerous machinery, conformity assessment, etc.).

Manufacturers of machinery or related products, or persons substantially modifying machinery or related products, must ensure compliance with the essential health and safety requirements relating to the design and construction of machinery or related products.

This regulation will replace the Machinery Directive from January 2027.

Strengthening of provisions for the protection of workers against risks from ionising radiation

Labour Code Articles R. 4451-1 to R. 4451-137: Prevention of risks from exposure to ionising radiation AMENDED BY Decree No. 2023-489 of 21 June 2023 on the protection of workers against risks from ionising radiation [JORF of 22 June 2023]

This decree implements the changes introduced by Law No. 2021-1018 of 2 August 2021 to strengthen occupational health prevention (Occupational Health Law) and thus amends the provisions for the protection of workers exposed to ionising radiation.

Firstly, it adds definitions (operational dosimeter, industrial radiography equipment), specifies the procedures for delimiting zones and managing dose constraints, and addresses the certification of companies operating in yellow, orange, and red controlled zones.

Furthermore, it mandates specific training for doctors and healthcare professionals providing enhanced individual monitoring for workers exposed to ionising radiation.

Obligation to report a fatal work accident to the labour inspectorate

Labour Code Articles R. 4121-1 to R. 4121-5 Employer Obligations AMENDED BY Decree No. 2023-452 of 9 June 2023 on obligations incumbent on companies regarding work accidents and site signage [JORF of 11 June 2023]

When a worker is the victim of a fatal work accident, the employer must inform the labour inspectorate competent for the place where the accident occurred immediately and no later than 12 hours after the worker's death. If the employer can demonstrate that they were not aware of the death within 12 hours, this period then runs from the moment they become aware of the worker's death.