Diagnosis Asbestos - Diagnosis Technical Asbestos (DTA).

In which case do have I to carry out a diagnosis asbestos?

"For all the built, collective or individual buildings, whose permit building was delivered before July 1, 1997, a state indicating the presence or L’absence D’asbestos in L’real must be annexed to the promises and sale contracts. The salesman who does not respect this obligation will have to compensate L’purchaser if this last detects the presence D’asbestos in L’real.
A diagnosis asbestos is without duration of limit."

Technical diagnosis asbestos (DTA)

Protection of the population against the medical risks related to an exposure to L’asbestos in the built buildings.

The Code of the Public health (articles R. 1334-14 with R. 1334-29, R. 1336-2 with R. 1336-5 and appendix 13-9) takes again the regulations relating to protection of the population against the medical risks related to an exposure to L’asbestos in the built buildings, founded by the decree n° 96-97 of 7 February 1996, modified.
C’is to owner qu’falls the responsibility for the setting in œuvre of these provisions.

With regard to the buildings D’dwelling the obligations are as follows:

• the houses are concerned only in the event of sale by the wide location giving place to a report of presence or D’absence D’asbestos, and, before demolition, by an exhaustive location.
  
• the apartments (left privative the apartment buildings D’dwelling) are concerned with the diagnosis of the friable materials (flockings, heat insulations and suspended ceilings) which has being carried out before December 31, 1999, by the wide location giving place to a report of presence or D’absence D’asbestos in the event of sale, and by an exhaustive location before demolition;
  
• the common parts of the apartment buildings D’dwelling are concerned with the Technical dossier Asbestos, which must be carried out before December 31, 2003 S’it S’acts D’a building great height, if not before December 31, 2005. A summary card of this file must be transmitted by the owner to the occupants. These common parts are also concerned with the obligations mentioned above in the event of sale or of demolition.

One understands by "wide location" the research of materials such as appear to the appendix 13-9 and by "exhaustive location" the research of the products and materials aimed by the decree of January 2, 2002.

Thus, a house, or a rented apartment, N’did not make L’object D’a wide location S’it was bought by its owner before September 1, 2002 (date of catch D’effect of the decree n° 2002-839, codified, founding the methods D’establishment of the report of presence or D’absence D’asbestos made compulsory by L’article 176 of law SRU).

General instructions of safety asbestos

GENERAL INSTRUCTIONS OF SAFETY HAVING TO BE INTEGRATED INTO THE TECHNICAL DOSSIER "ASBESTOS"

The identification of materials and products containing of asbestos is a precondition to the evaluation and the prevention of the risks related to the presence of asbestos in a building. It must be supplemented by the definition and the implementation of measures of precaution adapted and proportioned to limit the risk of exposure of the occupants and the people called to intervene on materials or products containing of asbestos.

These measurements must be registered in the form of security instructions in the technical dossier "asbestos" and in its summary card that the owner constitutes and holds up to date pursuant to the article R 1334-17 of the Code of the Public health. These instructions must also be carried to knowledge of any person likely to intervene on or near located materials and products.

The general instructions of safety defined below constitute a minimal base. The owner (or the manager) of the building concerned must adapt it to hold account of the characteristics of each building and his conditions of occupation.

When work is programmed, the general instructions of safety are not substituted to in no case with the existing lawful obligations as regards prevention of the health risks and the safety of the workers.

The general instructions of safety given hereafter correspond to materials and products in good condition of conservation. It is thus advisable to take care of the good state of materials and products containing of asbestos in order to take into account, if necessary, the situations of abnormal wear or degradation. These situations can be the subject of an expertise by an operator qualified, according to criteria's provided in appendix I of this decree.

 

1. General information

To breathe of asbestos fibres is dangerous for health. The inhalation of these fibres is the cause of serious pathologies (of which plèvre and lung cancers).

The materials containing of asbestos can release from asbestos fibres in the event of abnormal wear or at the time of interventions blaming the integrity of material (for example drilling, sandpapering, cutting, friction...). These situations can then lead to important exposures if reinforced protection measures are not taken.

It is recommended to the private individuals to avoid any direct intervention on friable materials containing of asbestos (flockings, heat insulations, boards asbestos, asbestos elements woven or braided, insulating foam of weatherstriping...) and to have recourse, in such situations, with professionals (cf point 2 below).

2. Information of the professionals

Professionals: attention, the general instructions of safety mentioned hereafter before are very intended to the private individuals. Reinforced measurements concerning to you are fixed by the regulation relating to the protection of workers against the risks related to the inhalation of asbestos dust. Information memoranda and useful recommendations of prevention adapted can be provided to you by the regional directions of work, employment and the vocational training (DRTEFP), the services of prevention of the regional cases of sickness insurance (CRAM) and the professional organization of prevention of the building and public works (OPPBTP).

3. General instructions of safety

With. - general Instructions of safety aiming at reducing the exposure to asbestos dust

At the time of interventions on (or in the vicinity) of materials containing of asbestos, it is advisable to avoid to the maximum the emission of dust for you and your vicinity.

The emission of dust must be limited, for example in the event of:

The emission of dust can be limited:

The wearing of protection equipements is recommended

Filter half-masks (type FFP 3 in conformity with the European standard IN 149) make it possible to reduce the asbestos fibre inhalation. These masks must be thrown after use.

The port of a disposable combination makes it possible to avoid the asbestos fibre propagation apart from the working area. The combinations must be thrown at the end of each use.

Moreover, it is advisable to have of a bag with waste in the vicinity immediate of the working area and of a sponge or a wet rag of cleaning.

B. - general Instructions of safety relating to the management of waste containing of asbestos

Storage of waste on the site

Only the materials where asbestos is strongly dependent (such as the asbestos cement or the flagstones of ground, for example) can be stored temporarily on the building site. The site of storage must be arranged so as to avoid the take-off and the migration of fibres. Its access must be interdict with the people other than the personnel of the company of work.

The materials at the strong risk of asbestos fibre release (like flockings, heat insulations and boards asbestos) must be placed out of tight bags then transferred as of their exit from the zone from containment towards the adequate sites.

Waste disposal

The materials where asbestos is strongly dependent (such as the asbestos cement, flagstones of ground, valves and shutters firebreak) must be eliminated, either in installations of storage for waste domestic and assimilated or in provided discharges for inert waste, in both cases, of specific cells for waste containing of dependent asbestos. This waste is conditioned out of tight bags, type large containers for bulk (GRV) or on filmed pallets.

The materials at the strong risk of asbestos fibre release (like flockings, heat insulations and boards asbestos) and the materials degraded must be eliminated in an installation from storage for dangerous waste or to be vitrified. This waste is conditioned in double sealed tight bags.

In both cases, the owner or his agent fills the framework which is intended to him on the form of waste monitoring of asbestos (BSDA, CERFA n° 11861*01). It receives the original of the form filled by the other speakers (undertaken work, conveyor, owner of the installation of storage or site of vitrification).

Related waste disposal

Waste other than the material scrap, such as the protection equipements, waste of materials (filters, for example) and waste resulting from cleaning is eliminated according to the same procedure as that described for materials at the strong risk from release from fibres from asbestos.

Legislative and lawful texts relating to the protection of the population against the risks related to an exposure to L’asbestos.

 

Code public health :

L.1334-13 article relating to the real technical diagnosis.

Exposure to asbestos in the built buildings (Articles R. 1334-14 with R. 1334-29)

Exposure to asbestos in the built buildings - penal Provisions (Articles R. 1336-2 with R. 1336-5)

Decrees :

Decree n° 2002-839 of 3 May 2002 modifying the decree n° 96-97 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 Légifrance.

Decree n° 2001-1316 of 27 December 2001 modifying the decree n° 96-1133 of 24 December 1996 relating to the prohibition of the asbestos, taken pursuant to and the code fair labor standards act of Légifrance consumption.

Decree n° 2001-840 of 13 September 2001 modifying the decree n° 96-97 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 dust Légifrance asbestos.

Decree n° 97-855 of 12 September 1997 modifying the decree No 96-97 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.

Decree n° 96-1133 of 24 December 1996 relating to the prohibition of the asbestos, taken pursuant to and the code fair labor standards act of Légifrance consumption.

Decree n° 96-97 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 Légifrance (modified by the decree of May 3, 2002 and December 24, 2002) (repealed by decree n° 2003-462 of 21 May 2003 relating to the regulations of parts I, II and III of the code of health) Codifié in the code of the public health: to see table of correspondence

Decrees :

Decree of December 23, 2004 bearing approval of organizations entitled to carry out measurements of the concentration of asbestos dusts of the built buildings Légifrance

Decree of 6 March 2003 relating to competences of the organizations carrying out the asbestos identification in materials and Légifrance products

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 7 February 1996 modified Légifrance

Decree of 22 August 2002 relating to the general instructions of safety of the technical dossier "asbestos", to the contents of the summary card and the methods of establishment of the location, taken for the application of article 10-3 of the decree n° 96-97 of 7 February 1996 modified Légifrance

Decree of 2 January 2002 relating to the location of materials and products containing of asbestos before demolition pursuant to article 10-4 of the decree n° 96-97 of 7 February 1996 modified Légifrance.

Decree of 21.12.1998 relating to the conditions of approval of the organizations entitled to carry out measurements of the concentration of asbestos dusts of the built buildings.

Decree of 15.01.1998 relating to the methods of evaluation of the state of conservation of the suspended ceilings containing of asbestos and to measurements of dust contamination in the built buildings (J.O. of the 24.01.1998).

Decree of 07.02.1996 relating to the methods of evaluation of the state of conservation of flockings and heat insulations containing of asbestos and to measurements of dust contamination in the built buildings (J.O. of the 07.02.1996).

Circulars :

Circular n° 2003-73 UHC/QC1/24 and DGS/SD7C/613 of December 10, 2003 relating to the protection of the population against the medical risks related to an exposure to asbestos in the built buildings, appeared with the BO health.