Diagnosis Asbestos

OFFICIAL BULLETIN OF THE MINISTRY FOR JUSTICE

Reinforcement of protection for the risks related to the presence of asbestos in the buildings

DAGE 2002-01 C1/01-02-2002
NOR: JUSG0260011C

FOR ATTRIBUTION

First presidents of the courses of call - Attorney Generals close the aforementioned run - Presidents and prosecutors of the higher courts of call - Regional managers of the penitentiary services - Regional managers of the PJJ - Presidents of the committees of departmental hygiene and safety

- February 1, 2002 -

Synopsis:

I. - SUMMARY OF THE FORMER TEXTS

II. - THE NEW DECREE

Source texts:

Code public health
Decree n° 2001-840 of 13 September 2001 modifying the decree n° 96-07 of 7 February 1996 relating to the protection of the population against the medical risks related to an exposure to asbestos in the built buildings and the decree n° 96-98 of 7 February 1996 relating to the protection of workers against the risks related to the inhalation of asbestos dust

Modified texts:

Decrees n° 96-97 and n° 96-98 of February 7, 1996

I. - SUMMARY OF THE FORMER TEXTS

The circular of the ministry for justice DAGE 96-10 C1 on April 23, 1996 to the attention of the various chiefs of establishments clarified the contents of the new regulation, resulting from the decrees n° 96-97 and 96-98 of February 7, 1996, relating to protection against the risks related to an exposure to asbestos and required to put in œuvre the procedures of identification and diagnosis of all materials likely to contain this mineral.
The diagnosis forced to carry out an analysis of the air, starting from note 2 on the grid of evaluation of the state of conservation of flockings and heat insulations containing of asbestos (i.e. observation of an absence of total sealing between these insulators and the zone to be evaluated).

The results of the level of dust contamination of the air to asbestos fibres determined the actions to undertake:

- for a level lower than 5 fibres per liter, a control every 3 years maximum of the state of conservation of flockings and heat insulations were necessary;

- for a level ranging between 5 and 25 fibres per liter, this same control was to be carried out every 2 years to the maximum;

- for a level higher than 25 fibres per liter, of work were to be engaged in the 12 months.

A technical guide of asbestos had been provided to you to be helped in this step.
The decree n° 97-855 of 12 September 1997 modifying the decree n° 96-97 of February 7, 1996 extended to the false ceilings the search for presence of asbestos in the buildings built before 1 July 1997 and fixed at December 31, 1999, the date limits to proceed to it, which did not have any new incidence for the chiefs of establishment of the buildings of the ministry for justice, circular DAGE 96-10 C1 having anticipated their taking into account in research to be carried out.
On the 1 400 examined sites (either 4 460 000 m²), only 56 (either 43 955 m²) revealed a presence of asbestos (28 legal buildings, 9 penal establishments and 19 establishments of the legal protection of youth).
At January 1, 2000, the chancellery had fulfilled all its lawful obligations and the only site which still contained a large quantity of asbestos-bearing products, did not impose any obligation in terms of work, the level of dust contamination being lower than 5 fibres per liter. Nevertheless, by way of precaution, of work of removal of asbestos were programmed for this site.

II. - THE NEW DECREE

The decree n° 2001-840 of September 13, 2001 (published with the OJ of September 18) which modifies the decrees n° 96-97 and 96-98 of February 7, 1996 reinforced the regulation on the following points:

1° the level of dust contamination to asbestos, obliging to undertake work of containment or withdrawal of this mineral, passes from 25 fibres by liter to 5 fibres by liter.

a) This work will have to be completed within 36 month as from the handover date of the result of measurements of dust contamination, being specified that for the period preceding work, of academies measurements will have to be taken in order to reduce the exposure of the occupants and to maintain, in the zones where it will remain open a possibility of exposure, a rate of dust contamination lower than 5 fibres per liter.
Exemptions from the 36 months deadline for the completion of work could be obtained with regard to the IGH and ERP, when flockings, heat insulations and false ceilings containing of asbestos were used at ends of treatment generalized of these buildings or establishment.

b) With the exit of work and before restitution of the treated buildings, it will have to be carried out a visual examination and measurements of dust contamination by a technical controller or a technician of the construction (which as from January 1, 2003 must have a certificate of competence) in order to check that the level is lower or equal to 5 fibres per liter.

2° a technical dossier "asbestos" with a summary card of this file will have made up and to be held up to date for all the buildings built before July 1, 1997. This file will have to comprise:

- localization of materials and products asbestos-covered;

- their indication;

- the list of work of withdrawal, containment as well as academies measurements put in œuvre;

- security instructions with regard to asbestos, including the procedures of management and waste disposal.

The summary card will have to be communicated by the chief of establishment to the occupants of the building concerned or their representative, within a one month of as from its constitution or its update.
This technical dossier replaces the register asbestos which circular DAGE of April 23, 1996 required to open and hold up to date in each establishment, being specified that its constitution will have to be carried out before receiving 31 December 2003 for the establishments of the public, classified first with the fourth category (either starting from a manpower of 300 people - public + personal).

3° Before demolition of a building built before July 1, 1997, a location of materials containing of asbestos will have to be carried out.

Moreover, two important information is brought by article 12 of the decree of September 13, 2001, concerning the controls carried out before the entry into force of these new provisions:

1° controls on flockings, heat insulations and false ceilings containing of asbestos, are considered to satisfy the requirements of the new regulation, which means that these controls do not have to be remade.

2° controls of dust contamination carried out, which reveal levels between 5 and 25 fibres per liter, now force to complete work of containment or shrinking of the asbestos, which will have to be completed within 36 month starting to run as from January 1, 2002 (1st day of the 4e month which follows the date of publication of the decree).

Consequently, I ask you to proceed to a census last analyses of air carried out in the establishments concerned with your spring, which reveal levels of presence of asbestos fibres ranging between 5 and 25 fibres per liter. I would be obliged to you to account to me for the result of your research and to make proceed for the sites which could be concerned with new analyses of the air. If such a level would be noted, I ask you, in order to be able to determine the work load to undertake like their financing, to take the fastener of the chief of the regional antenna of the equipment.
An amount of appropriations of 150 000 is reserved right now on chapter 57-60 by way of provision to enable you to finance the complementary analyses which will be révèleront necessary.
The conclusions of this census campaign will be transmitted, via the regional antennas of the equipment, with the direction of the general administration and the équipement/sous-direction of the real action and the logistique/bureau GC1, which will ensure coordination and the national synthesis of it.
Moreover, the regional antennas of the equipment will be able to also assist you for the constitution of the technical dossiers "asbestos" when the decree of application of the decree on this point is appeared, that of which you will be informed by my care.
Taking into account the strong action and anticipatrice carried out previously and of its noted results, there should be only one low number of establishments concerned.
Nevertheless, taking into account the quite normal sensitivity of this subject, I kindly request to you to pay a detailed attention to it.

For, the Minister Minister of Justice for justice,
By delegation:
The director of the general administration
and of the equipment,
J.-M. Paulot

source: Ministry for justice - February 2002