Decree of December 2 2002>

J.O n° 284 of December 6, 2002 page 20125
text n° 14
Decrees, decrees, circulars
General texts
Ministry for the equipment, transport, housing, tourism and the sea

Decree of 2 December 2002 relating to the exercise of the activity and the training of the technical controllers and technicians of the construction carrying out of the missions of location and diagnosis of the state of conservation of materials and products containing of asbestos pursuant to the decree n° 96-97 of modified 7 February 1996

NOR: EQUU0201224A

The Minister for the social affairs, of work and solidarity, the Minister for the equipment, transport, housing, tourism and the sea and the Minister for health, the family and the handicapped people,

Considering the decree n° 96-97 of modified 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 in particular its articles 2, 3, 4, 7, 10-1, 10-3, 10-4 and 10-6,

Stop:

Article 1

This decree defines the contents and the methods of the certification of the training of the technical controllers and the technicians of construction, appointed hereafter under the terms of operators of location, who carry out missions of location and diagnosis of the state of conservation of materials and products containing of asbestos to the title of the decree of February 7, 1996 referred to above, the conditions of delivery of the certificate of competence necessary for the exercise of these missions, the methods of transmission of the list of the people having obtained a certificate of competence, as well as the methods of transmission and the contents of the management report of location and diagnosis of the state repérage, qui effectuent des missions de repérage et de diagnostic de l' état de conservation des matériaux et produits contenant de l' amiante au titre du décret du 7 février 1996 susvisé, les conditions de délivrance de l' attestation de compétence requise pour l' exercice de ces missions, les modalités de transmission de la liste des personnes ayant obtenu une attestation de compétence, ainsi que les modalités de transmission et le contenu du rapport d' activité de repérage et de diagnostic de l' état de conservation des matériaux et products containing of asbestos.

Article 2

The obligation to have obtained a certificate of competence under the conditions of article 10-6 of the decree of 7 February 1996 referred to above is binding to the individual charged to carry out the operations of location and diagnosis of materials and products containing of asbestos.

Article 3

The formation is delivered by an organization having obtained a certification delivered by an organization certifier in accordance with the regulations of standard NF INTO 45011 or standard NF INTO 45012.

The reference frame of certification of the organization certifier relates to the program and the methods of training, the duration of the training, competences of the trainers, the conditions of access to the training and validation of the assets, the methods and procedures of organization of the control of capacity, like on the methods of delivery of the certificate of competence.

The reference frame of certification is the subject of a deposit near the ministers in charge of construction and health which make known at the organization certifier their opinion within one month. This opinion relates to the adequacy of the reference frame of certification to the regulations of this decree.

The file of deposit of the reference frame of certification also includes/understands the proof of its validation by the interested parts.

The training scheme relates to the matters mentioned in appendix I.

The formation alternates theoretical contributions and practical exercises relating in particular to the recognition of materials and products.

Article 4

The organization of formation delivers with the trained person a certificate of competence within sight of its participation in the formation and of the results of a control of capacity.

The control of capacity relates at least to:

- the comprehension of the principles which govern the prevention of the risks related to an exposure to asbestos in the buildings built as well as role and responsibilities for the various speakers;

- the knowledge of the processes, products and equipment of construction;

- capacity to use the rules, guides and reference works;

- capacity to carry out the location and its carryforward on plan;

- capacity to draw up the report/ratio of location, to formulate and write conclusions and recommendations.

The certificate mentions in particular the name of the organization of formation, the references of its certification, the names and functions of the person delivering the certificate and the person in charge for the formation, the name and the first name of the candidate, as well as the date, the duration and the place of the formation and the control of capacity.

The certificate is signed by the person in charge for formation and the person who is competent to deliver it.

Article 5

The organization of formation can adapt the formation according to the professional experience of the candidate and the already followed formations. For that, it examines the references of the candidate which make it possible to attest of its experiment and its competences. It makes sure that the candidate already followed formations treating the topics mentioned in appendix I of which it plans to exempt it and controls that it actually acquired corresponding knowledge.

Article 6

The organization of formation addresses quarterly to the minister in charge of construction, under cover of the departmental directors of the equipment, the list of the people having obtained a certificate of competence.

Article 7

The exercise of an activity of asbestos location, to the title of the decree of 7 February 1996 referred to above, gives place to the transmission of an annual report to the prefect of the department of the seat of the person receiving benefits. This report/ratio is addressed at the latest on March 1 of the following year.

The annual report is made up according to methods' specified in appendix II of this decree. It mentions the list of the people having carried out the missions of location and the references of their certificate of competence mentioned to the ninth subparagraph of article 4 of this decree.

The obligation of transmission of the annual report is binding to the operators of location exerting on a purely individual basis and to the people morals who employ one or several people to carry out under their authority of the missions of location and diagnosis of materials and products containing of asbestos to the title of the decree n° 96-97 of February 7, 1996 referred to above.

Article 8

The director of the relations of work, the general manager of town planning, the habitat and construction and the general manager of health are charged, each one in what relates to it, of the execution of this decree, which will be published with the Journal officiel de la République française.

Fact in Paris, December 2, 2002.

The Minister for the equipment, transport,

housing, tourism and sea,

For the minister and by delegation:

By prevention of the general manager

town planning, habitat

and of construction:

The director joins,

N Klein

The Minister for the social affairs,

work and solidarity,

For the minister and by delegation:

The director of the relations of work,

J.-D. Combrexelle

The Minister for health, the family

and of the handicapped people,

For the minister and by delegation:

By prevention of the general manager

health:

The sub-manager of management

risks of the mediums,

T Michelon

With N N E X E I

MATTERS HAVING TO APPEAR IN THE PROGRAM

OF TRAINING OF THE OPERATORS OF LOCATION ASBESTOS

The training scheme relates to the following matters:

- physicochemical properties of asbestos, its various varieties, medical risks related to an exposure to fibres;

- condition of uses of materials and products having contained asbestos until their prohibition;

- legislative and lawful device relating to the prohibition of use of asbestos, the protection of the population against the risks related to an exposure to asbestos in the built buildings, the protection of workers against the risks related on the inhalation of asbestos dust and the waste disposal containing of asbestos;

- role, obligations and responsibility for the various speakers;

- methods of realization of the missions of location of materials and products containing of asbestos and of evaluation of their state of conservation;

- French standards into force relating to the location of materials and products containing of asbestos;

- protocols of intervention at the time of the location;

- method of realization of measurements of dust contamination in the air;

- techniques of désamiantage;

- visual examination of the surfaces treated realized before dismantling of the device of containment in accordance with article 7 of the decree n° 96-97 modified;

- report/ratio of location, formulation and drafting of conclusions and recommendations.

With N N E X E I I

ANNUAL REPORT

The annual report, addressed to the prefect of the department of the seat of the person receiving benefits, includes/understands the tables presented below.

In these two tables, the number of establishments or residences having made the object of a mission of research or evaluation of the state of material conservation or products containing of asbestos must be indicated in the corresponding boxes.

When an apartment building of dwelling is the subject of a mission of location, the number of residences is deferred in the table, as well as the common parts (for example, for a joint ownership, one will count 1 "common parts" and as much of "residences" that there are residences).

Table n° 1

Distribution of the missions of location and diagnosis of materials and products containing of asbestos by type of construction

You can consult the table in the OJ

n° 284 of the 06/12/2002 page 20125 to 20127

Foot-note. - Each box must be filled by the number of establishments concerned or residences, if necessary, for the collective dwellings.

(1) cf annexes decree n° 96-97 modified for the wide location and the appendix of the decree of January 2, 2002 for the location before demolition.

(2) Without object.

Table n° 2

Implementation of the location envisaged in article 10-3 of the decree n° 96-97 for the creation of the technical dossier asbestos

You can consult the table in the OJ

n° 284 of the 06/12/2002 page 20125 to 20127

Foot-note. - Each box must be filled by the number of establishments concerned.

(1) material List and products fixed in appendix of the decree n° 96-97 modified.