June 2024 HSE and Energy Regulatory Watch

June 2024: new ETS rules, radon risk prevention, framework for work near electrical installations, and asbestos detection before civil engineering operations.

Léa Soler
Consultante HSE
Publication : 
22.07.2024
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 excerpt from publications in French and European official journals concerning environment, energy, and occupational health and safety for June 2024.

Environnement

ENVIRONMENT

Transposition of revisions to the Emissions Trading System (ETS) adopted in May 2023 by the European Union

Environmental Code Articles R. 229-5 to D. 229-38-10: Greenhouse gas emission allowances AMENDED BY Decree No. 2024-546 of June 14, 2024, concerning the European Union Emissions Trading System and its corrigendum [Official Journal of June 16, 2024]

Decree No. 2024-546 concerns the transposition of the ETS revisions adopted in May 2023 by the European Union.

Firstly, modifications are made to the scope of the text, particularly to the list of activities subject to the ETS. For example, the modifications affect oil refining activities, cast iron production activities, alumina production activities, and carbon black production activities.

The decree then provides details on the conditionality of free allocation of allowances to:

  • the implementation of recommendations from energy audits and Energy Management Systems (EnMS);
  • Climate Neutrality Plans (CNP).

Finally, in addition to other various modifications, the allowance allocation schedule is revised, and a deadline is specified for submitting corrections for non-compliance issues.

Sécurité

SAFETY

Radon risk prevention approach

Order of May 15, 2024, concerning the radon risk prevention approach and the establishment of a radon zone and associated checks within the reinforced framework for worker protection [Official Journal of June 6, 2024]

This order sets out the procedures and conditions for implementing the "radon zone" specific to radon originating from the ground*, as well as the technical conditions for making this zone intermittent.

It also specifies certain provisions for the risk prevention and reduction approach, as well as the implementation of the reinforced framework for radon risk prevention.

It concerns workplaces or premises located inside a building, but also specific workplaces defined by order.

*Radon originating from the soil is defined as radon generated directly by soil rocks or secondarily by water circulating in these rocks or materials extracted from these rocks.

Prevention of electrical risk related to non-electrical work carried out in the vicinity of overhead or underground electrical installations

Labor Code Articles R. 4544-12 to R. 4544-33: Non-electrical work in the vicinity of overhead or underground electrical structures or installations CREATED BY Decree No. 2024-552 of June 17, 2024, concerning the prevention of electrical risk related to non-electrical work carried out in the vicinity of overhead or underground electrical structures or installations [JORF of June 19, 2024]

This text defines the specific requirements for non-electrical work carried out in the vicinity of overhead or underground electrical structures or installations that an employer, project owner, or project manager must implement to ensure the safety of workers performing such tasks against electrical hazards.

The following are excluded from the scope of this text:

  • construction, operation, and maintenance work on electricity distribution networks and their associated facilities;
  • work carried out in the vicinity of rail or guided transport systems and rack railways;
  • work carried out in the vicinity of electrical installations.

Conditions, procedures, formalization, and traceability of asbestos surveys before certain civil engineering operations, transport infrastructures, or various networks

Order of June 4, 2024, concerning asbestos surveys before certain operations carried out on non-building structures such as civil engineering works, transport infrastructures, or various networks [JORF of June 30, 2024]

This order defines the conditions under which asbestos surveys are conducted before certain operations carried out on non-building structures such as civil engineering works, transport infrastructures, or various networks.

It provides details regarding:

  • the identification of work and products containing asbestos;
  • the asbestos survey operator;
  • the survey report;
  • personal and collective protective equipment.