Prevention of Risks Caused by Asbestos: Regulatory Reform and Perspectives

1. Prevention of risks caused by asbestosA summary of the regulatory reform and perspectives2009-2012-2020 10 October 2017 – Asbestos seminar – DGT Asbestos centre

2. The French Agency for Environmental and Occupational Health Safety’s (Afsset) scientific opinions (2009 and 2010) • - on the toxicity of short and thin asbestos fibres; • - on occupational exposure limit values (OELV); • - on natural outcrops of asbestos. • A national campaign for the measurement of asbestos dust in real worksite situations, organised and steered by the DGT - ATEM campaign (2009-2011); • Recommendations made by The French Institute for Research and Security (INRS) in its report dated September 2011 on the analysis and use of the results of the ATEM campaign. Regulations entirely rethought on scientific bases in 2012 2

3. Decree setting out training procedures for workers →23 February 2012 Decree on the conditions for measurement of dust levels, OELV monitoring by ATEM and accreditation of laboratories → 14August 2012 Decree setting out the conditions for the certification of companies →14 December 2012 Decree on the choice, the maintenance and the inspection of personal protective equipment →7 March 2013 Decree on technical rules, preventive measures and collective means of protection →8 April 2013 Decree no. 2012-639 of 4 May 2012 on the risks of exposure to asbestosand 5 implementing decrees

4. Scope and definitions

5. DECREE of 4 May 2012 - Common provisions Sub-sect 1. Scope and definitions Sub-sect 2. Common provisions (initial risk assessment, OELV, conditions for measuring dust levels and monitoring OELV, principles and methods of prevention, information and training of workers, work organisation, monitoring of exposure, waste processing, protection of the work area’s environment)  Sub-section 3: encapsulation and removal activities Scope, assessment of risks and dust measurement, certification of companies, demolition, removal or encapsulation plans, applicable provisions at the end of works, training Sub-Section 4: activities and operations regarding materials, physical equipment and items likely to cause the emission of AF Scope, definition of an operation mode. Structure of the decree dated 4 May 2012

6. Sub-Section 3: works for the removal or encapsulation of asbestos and materials, equipment and hardware or items containing asbestos, including in demolition cases (Article R. 4412-125); Sub-section 4: interventions regarding materials, equipment, hardware or items likely to cause the emission of asbestos fibres (Article R. 4412-144).  Sub-Section 1: Scope and definitions

7. Works falling under sub-section 3 are works that are likely to cause the emission of asbestos fibres and which subsequently allow for the treatment of asbestos or of the material containing asbestos (MCA), this means managing asbestos, within the meaning of the Public Health Code, whether this be by storing it in a suitable facility, by vitrification or by complete waterproof coverage. The notion of removal must therefore be interpreted, not in the physical or literal sense of the term, but in the legal sense of the action of treating the material, of managing it until completely eliminated. Sub-section 3 / Sub-section 4

8. Elimination of the duality of the friable/non-friable concept Introduction of the notion of process: techniques and operating procedures, taking into consideration the attributes of the materials in question and the collective means of protection implemented (Article R. 4412-96/9°) Structuring of obligations according to dust levels resulting from the implementation of a given process; Aims: legal security through the elimination of the friable/non-friable boundary; Graduation of obligations according to the risk levels measured during works and no longer based on the material’s initial condition.

9. Challenges related to the elimination of the duality of the friable/non-friable concept

10. Structuring and graduating of obligations according to 3 dust levels Stoppage of works < 25,000 f/l < 6,000 f/l LEVEL 1 LEVEL 2 LEVEL 3 < 100 f/l > 25,000 f/l

11. Lowering of the OELV in 2 stages Change of measurement technique: since 1st July 2012, the monitoring of exposure to asbestos in a professional environment is carried out by ATEM. In addition to OMS fibres, identification of the nature of fibres and taking into account of thin asbestos fibres (TAF) which lead to a reduction of the OELV to factor 2. The concentration of asbestos fibres is examined over 8 hours using a sampling strategy which is representative of exposure. On 1st July 2012:OELV of100 fibres per litre On 2 July 2015: OELV of 10 fibres per litre

12. 2012-2017 Summary

13. The building up of the scheme since 2012: a few numbers • On 1st September 2017: • -1,083 certified companies (compared with 350 before 2012) employing approximately 35,000 workers (2 million workers carrying out operations on asbestos-containing materials - SS4); • 30 certified prevention training organisations with 46 pedagogical platforms, 165 trainers trained by the INRS and the OPPBTP (French Professional Agency for Risk Prevention in Building and Civil Engineering); • 180 accredited organisations (AO) for dust-level control (including 162 AOs for strategy/sampling, 58 for analysis and 18 for Strategy/sampling and analysis) with approximately 250 ATEM microscopes (compared with 20 AOs in 2012 with approximately 30 ATEM microscopes); • 280 technical and quality managers trained by the INRS. • In 2015: • 25,000 asbestos removal or encapsulation operations (SS3) reported to the labour inspection services, of which 20% prior to demolition works; • Nearly 130,000 tons of asbestos-containing materials were removed; • 80% of reported worksites concerned buildings, 12% concerned industrial facilities, 5% concerned civil engineering pipeline works; • In particular, on worksites, 80% of works concerned asbestos cement materials, 23% concerned plasters, spraying and paint, 1% concerned road coatings.

14. An interministerial action plan for the unified application of regulations In late 2015, adoption of a common 2016-2018 action plan for the fields of work, health, environment and housing, according to 5 strategic priorities: 1- Enhance and adapt information Creation of an interministerial portal dedicated to asbestos - opened on 1st July 2017 on the Toutsurl’environnement.fr website. 2 - Improve professionalisation Adaptation of vocational training leading to qualifications in project management and engineering; Creation of 3 professional qualifications in the field of asbestos removal. 3 - Facilitate and accompany the implementation of regulations Carrying out of dust-level measurement campaigns to improve knowledge about exposure and risk assessment (CARTO, FEDENE). Widening of the mechanism of work stoppages used by the labour inspector (1st July 2016). Publication of regulation and flowchart interpretation notes by the DGT (notes dated 8 December 2016, 19 January, 24 August and 5 December 2017).

15. An interministerial action plan for the unified application of regulations 4 - Promote research and development approaches Launch of an asbestos research and development program (ARDP) in 2015, over 3 years, supplemented by 20 million euros, with 3 directions for improvement: - identification of asbestos in air and materials; - less emissive removal and intervention techniques; - waste management. Creation of the Commission for the assessment of technical innovation in the asbestos field (CATIAF): 2 public opinions on the commission’s website. Implementation of detections prior to asbestos works which are adapted to the operations carried out on buildings, on other immovables (road works, asbestos-containing lands), on railway transport materials, vessels, aircrafts and industrial facilities - decree no. 2017–899 of 9 may 2017. 5 - Acquire knowledge, monitoring and assessment tools Digitisation of demolition, removal and encapsulation plans and of operating procedures. Testing of the digitised platform in 2018 in one region (IDF) before rolling-out to the entire territory.

16. Improve the effectiveness of regulations through the efficiency of inspection actions • Reorganisation of the labour inspection system: creation of specialised regional networks for asbestos (SRNA); • Strengthening of the inspection system’s power of control (extension of the scope of work stoppages); • Training of inspecting officers through a network of regional trainers; • Supplying of personal protective equipment as part of a national agreement; • National legal, technical and methodological support of the inspection system: inspection guides, questions and answers, flowcharts, doctrine briefs. • Summary of national inspections: • From 1st January 2016 to 31 August 2017: approximately 12,500 labour inspection operations as part of the asbestos priority action, 1,000 of which concerned the inspection of non-certified prevention training organisations (SS4) by the 3 DIRECCTE centres, which has been ongoing since 2015. • From 1st July 2016 to 1st August 2017: 105 decisions to stop works made by the labour inspection with a view to removing employees from dangerous situations. • Monitoring of certification and accreditation mechanisms by the DGT - Reports received from the labour inspection services and forwarded to certifying bodies or to the COFRAC with a view to suspending or withdrawing certification. • 81 certified companies reported in 2015, and 75 on 1st September 2017; • 50 certified operators reported to the DHUP, DGS and COFRAC (2016), and 5 in 2017; • 14 AOs reported to the COFRAC.

17. The scientific and technical aspects: ongoing studies and legislative evolutions

18. Use of SCOLA and CARTO asbestos by the DGT: mapping of dust levels caused by activities • Scola - asbestos, developed and managed by the INRS at the request of the Ministry of Labour allows for: • the collection of regulatory asbestos fibre dust controls carried out by accredited organisations; • the carrying out of statistical evaluations to identify risk situations (material-technique couples) and to classify regulatory and preventive actions; • the employer to estimate a process’ dust level in order to determine and provision the appropriate CMP and PPE. • Use of data from 1st July 2012 - 31 December 2016 • Carto Asbestos, a building and public works initiative, makes it possible to characterise asbestos fibre dust levels for work processes which are most frequently used in the building and public works sector, for primarily short periods of time and falling under sub-section 4, for which the first results will be presented this afternoon.

19. Methods for calculating exposure to asbestos fibres E= Wwork x (Ldust level /APF PPE) C: of work phases : assigned protection factor of PPEs (d) : duration of work phases Ldust level APF The APF is an element in the calculation of the exposure of workers exposed to asbestos fibres E8h = [ d1 x (C1/APF1) + d2 x (C2/APF2) + ….. + dn x (Cn/APFn) ] / 8 The assigned protection factor (APF) corresponds to the expected level of protection in a work situation for 95% of operators trained in the wearing of respiratory PPEs and properly using, following inspection, a well maintained and well adjusted device. It is based on the fifth percentile of protection factor measurements (PF = externalC/internalC) carried out in work situations.

20. INRS STUDY: APF of RPA At the DGT’s request, the INRS carried out a study re-evaluating the APFs of RPAs by ATEM: - by assisted ventilation - AV (Promask by Scott and the PowerFlow by 3M) - by supplied air - SA (RAS Amiante Vision 3 by Scott and the MC91A by Honeywell). This study, carried out from 2012 to 2015, led the INRS to form a certain number of recommendations on the APFs of RPAs and on organisational and technical preventive measures. These recommendations were repeated in the DGT’s instruction dated 16 October 2015.

21. Results of the study for RPA by AV 3 AV worksites, 47 extC/intC couples (PF) on operators leading to, following a statistical analysis, a suggestion of an Assigned Protection Factor equal to 100 for assisted ventilation apparatus used on asbestos removal sites; For 83% of samples collected inside assisted ventilation respiratory masks, no fibres are found during the ATEM analysis 100% of concentrations measured inside the masks are under 10 f/L Compliance with OELV 10 f/L has always been guaranteed for external concentrations ranging from 2 to 8,106 f/L

22. 6 SA worksites, 132 extC/intC couples (PF) on operators leading to, following a statistical analysis, a suggestion of an Assigned Protection Factor equal to 250 for supplied-air apparatus used on asbestos removal sites; For 70% of samples collected inside supplied-air respiratory masks, no fibres are found during the ATEM analysis 93% of concentrations measured inside the masks are under 10 f/L; 7% of concentrations measured inside the masks are above 10 f/L corresponding to 9 results of which 7 have been included in the APF. Results of the study for RPA by SA

23. Use and follow-up by the DGT: Carrying out of 3 additional worksites with RPA by SA • 7 measures for which respiratory protection is insufficient and which specifically concern the removal of asbestos-containing plaster and in particular by chiselling. • Lines of explanation from the INRS and other non-verified hypotheses have led the DGT to continue this study by carrying out 3 additional worksites with RPA by SA with a view to identifying the reasons for asbestos fibres entering masks in these circumstances and to testing Honeywell’s supplied-air mask in a real environment. • This additional study is carried out with the INRS’ methodological support and in collaboration with manufacturers and companies who wish to pursue this investigation with a view to protecting workers and eradicating asbestos in accordance with the law. • The supervision of these worksites will be carried out by the DGT and the DIRECCTEs.

24. Meeting of 4 October 2017 IRSN STUDY: APF VENTILATED OUTFITS/HOODS • The DGT has entrusted the IRSN with the evaluation study of performance of airtight outfits with regards to asbestos fibres (reinforced MURUROA DFR and PK17 PMI/D) and ventilated hoods (MATIVENT and GRIDEL AP). • This study is carried out in cooperation with the manufacturers (Honeywell and Matisec) and users of these equipments (AREVA, SYRTA, SNED,...) and the AO ITGA for the control of interior and exterior asbestos-fibre dust levels. • Measures are taken from four asbestos-removal worksites (fixed installations and mobile worksites) under the supervision of the DGT and the DIRECCTEs. Sampling inside respiratory zone

25. The aims of the studies • These studies are a result of the ANSES’ (French Agency for Food, Environmental and Occupational Health and Safety) opinion dated 9 February 2009, which recommends that PPEs be evaluated in order to assess their effectiveness as regards asbestos fibres according to metrology by META. • Assess the actual performance of PPE by ATEM on worksites for the removal of materials containing asbestos fibres; • - Observe the use of PPE in order to draw lessons in particular in terms of use during asbestos removal and decontamination activities. • To allow for a suitable evolution of asbestos regulations, both traditional and in nuclear environments (Decree of 4 May 2012 amended, PPE and CMP decrees)

26. Faced with regulatory evolutions, and in particular the lowering of analytical sensitivity to 1 f/L as from 2 July 2015, AOs and companies have informed the DGT of the difficulties encountered, in particular to evaluate certain work situations (short-term and/or with generally high dust levels). Works to revise the AFNOR XP X 43-269 Standard dated May 2012 (from September 2015 to June 2017) are currently awaiting approval. Publication is expected in December 2017. Works to revise the AFNOR NF X 43-050 Standard dated January 1996 started in December 2016 with a view to taking into account the evolutions of the XP X 43-269 standard and the technical evolutions since 1996 in terms of sampling, preparation and analysis mechanisms. A challenge: to ensure the effectiveness of regulations and the adequacy of prevention through the evolution of regulations and applicable standards. EVOLUTION OF STANDARDS

27. Outlook for 2020

28. Act dated 8 August 2016 on labour, the modernisation of social dialogue and the safeguarding of career paths (article 113) Chapter II Bis: Risk of exposure to asbestos: Detection before works “Article L. 4412-2: With a view to strengthening the supervisory role held by labour inspection officers, the principal, the project owner or the owner of immovable property by nature or by use, of equipment, of material or of items shall ensure that the presence of asbestos is detected prior to any operation posing a risk of workers’ exposure to asbestos. This detection shall result in the drafting of a document stating, where appropriate, the presence, the nature and the localisation of materials or products containing asbestos. This document shall be attached to the consultation documents provided to candidate companies or sent to companies considering the completion of this operation. “The conditions for application, or for exemption according to the nature of the considered operation, of this article are determined by decree of the Conseil d’État (French Supreme Administrative Court).”

29. Regulatory evolutions: 2016-2019 • September 2016: • Draft decree on the implementation of DPW, provided for by Article L. 4412-2 of the French Labour Code (2nd paragraph) • Consultation: • with the National Working Conditions Advisory Board; • with the Assessment of local authorities’ standards Board; • with the High Council for Construction and Energy Efficiency • with the relevant central administrations (health, construction, environment, maritime affairs, transport, agriculture, defence, treasury, civil aviation). • Publication on 10 May 2017 of Decree no. 2017-899 dated 9 May 2017 on detecting asbestos prior to certain operations.

30. Regulatory evolutions: 2016-2019 • This decree provides for 6 orders per field of activity: • Buildings; • Other immovables such as land, civil engineering works and transport infrastructures; • Railway rolling stock and other transport rolling stock; • Vessels, boats and other floating craft; • Aircrafts; • Facilities, structures or equipments contributing to the realisation or the implementation of an activity. • For each of these 6 fields of activity, an order will set out, on the basis of prior normative work, in particular: • the technical arrangements for detection prior to works; • the appropriate analytical methods; • the conditions for qualification and training of operators in charge of implementing them; • the content of detection reports; • the cases of exemption provided for by Article R. 4412-97-3/I;, • the alternative preventive measures to be put in place; • the traceability and mapping documents.

31. Regulatory evolutions: 2016-2019 • Significant standardisation works are already underway with the support of the AFNOR (French national organization for standardization) and relevant standardisation offices: • 1st July 2017: entry into force of the certification mechanism with an indication concerning detection operators for buildings; • 5 August 2017: Publication of Standard NF X 46-020 on the detection of asbestos in buildings - entry into force on 1st October 2017; • 19 September 2017: creation of the AFNOR standardisation commission for field of activity no. 6 (industrial facilities...), which will also be in charge of coordinating between all 6 fields of activity; • 29 September 2017: BNF Commission for field of activity no. 3 (railway); • 4 October 2017: BNTRA (Bureau for the Standardisation of Road Transport and their Development Facilities) Commission for field of activity no. 2 (coatings and earthwork); • 1st December 2017: AFNOR Commission for field of activity no. 4 (vessels). • The decree dated 9 May 2017 will progressively enter into force as the implementing decrees are published, according to field of activity, and at the latest before 1st October 2018. • Meanwhile, DPW remains based on Article R. 4412-97 (2012 formulation) and the assessment of risks carried out by the principal.

32. Regulatory evolutions: 2018-2020 • 2017. • - Review of the laboratory order dated 14 August 2012 / Publication of revised standard NF X 43-269 • - Review of the materials order dated 6 March 2003 • 2018 opening of a second regulatory project on: • The decree dated 4 May 2012; • The laboratory order dated 14 August 2012 / review of standard NF X 43-050; • The PPE order dated 7 March 2013; • The CMP order dated 8 April 2013. • 2019: • Beginning of the review of Standards NF X46-010 and NF X46-011 to make them consistent with the revised regulatory acts; • Creation of 3 professional qualifications in the field of asbestos removal by the DGEFP (French General Delegation for Employment and Vocational Training); • Use of the results of the ongoing inspection carried out by the DIRECCTEs on sub-section 4 training organisations. • 2020: opening of a third regulatory project on the review of: • the training order dated 23 February 2012; • the certification order dated 14 December 2012.

33. Thank you for your time • http://travail-emploi.gouv.fr/sante-au-travail/prevention-des-risques/amiante/article/amiante For further information • Sylvie LESTERPT / Sonia LERAY • DGT/ CT2 bureau / asbestos centre • + 33 (0)1 44 38 25 23 / + 33 (0)1 44 38 26 70 33