Question 24798 — dangerous products

Summary

Ms. Laurianne Rossi draws the attention of the Minister to the Minister of Territorial Cohesion and Relations with Local Authorities, responsible for cities and housing, to the application of obligations relating to the detection of asbestos before certain operations carried out in built buildings. Article L. 4412-2 of the Labor Code in its version resulting from Law No. 2016-1088 provides for the obligation to carry out a identification of asbestos before any operation involving risks of exposure of workers to asbestos for the client, the project owner or the owner of buildings by nature or destination, equipment, materials or articles. Decree No. 2019-251 of March 27, 2019, creating article R. 4412-97 of the Labor Code, provides that the obligation to identify asbestos before certain operations is effective as of March 1, 2019 for built buildings and as of October 1, 2020 for other buildings such as land, civil engineering works and transport infrastructure. The decree of July 16, 2019 specifies the content of the identification which must be carried out before work carried out on built buildings which may expose workers to the risk of inhaling asbestos dust. This decree states that for the realization of the asbestos identification mission, the identification operator must have the certification with mention provided for in article 2 of the decree of July 25, 2016. It is also specified that the operator is trained in prevention against the risks of exposure to asbestos, in his capacity as a worker. The effective entry into force of the identification before works, as defined by the aforementioned decree, seems compromised by the decision of the Council of State of July 24, 2019 having canceled the aforementioned decree of July 25, 2016 and to which the decree of July 16, 2019 refers to designate the operators capable of carrying out the identification before work. These provisions are essential as they help prevent health risks to which workers may be exposed. However, alerted by professionals in the sector, it seems that these provisions are poorly understood by certain people. principals, project owners or owners. It would also appear that the professionals concerned lack preparation to fulfill these normative obligations. Consequently, she asks him what measure does he plan to take in order to improve the knowledge and application of these provisions, in particular by building professionals, in the context of the annulment of the decree of July 25, 2016 by the Council of state.

Machine translation from French. The official text remains authoritative.

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• Laurianne Rossi · auteur

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