Risks related to work in confined spaces: rights, obligations, duties and prevention

The manufacturer

The manufacturer must ensure that his equipment complies with European directives in terms of design, technical rules, conformity and CE marking. The "CE" marking was created within the framework of the European technical harmonization legislation. It is the visible commitment of the manufacturer that his product respects the regulatory requirements for its free circulation on the whole territory of the European Union.

The employer :

It has the obligation to take the necessary measures to ensure and protect the health of the personnel: training is part of it. Indeed, accidents occur most often because of :

• Non-compliance with rules and procedures
• Failure or inadequacy of equipment
• Unsafe working conditions
• Personal protective equipment not used, defective or not adapted to the risks
• Individual behavior: "I know but I don't do it

The responsibility of the employer is governed by legal texts such as the Labor Code, the Single Document, the Penal Code ... In summary, it must :

• Ensure the safety of its employees
• Verify the proper functioning of the equipment
• Train its personnel
• Issue authorization to enter the confined space
• Inform his staff of the rules of conduct to follow.

If there is a proven failure on the part of the employer, fines and imprisonment are likely.

The employees

The intervener must wear his PPE (self-rescuer, multi-gas detector), be trained to acquire the knowledge necessary for his own safety and that of the other interveners, and respect the safety rules. The supervisor must also know how to secure the environment of his teammate (the worker) and act in case of emergency.

They also have rights but also obligations and responsibilities: If the work situation presents a serious and imminent danger to their lives or health and they warn their employer beforehand, they can apply their right to withdraw. The employer cannot ask the worker who has exercised his right of withdrawal to resume his activity in a work situation where there is still a danger resulting in particular from a defect in the protective system.

The employee must be in good health and must not consume substances that could alter his physical capacities. He is legally responsible for the equipment, the load, the security, in case of physical accident. In case of misconduct, he will be judged by a court (police or correctional) depending on the seriousness of the facts. In the most serious cases (proven gross negligence and physical injury), he will be fined and sentenced to prison.

French Labour Code

Articles L4121-1 to 5 indicates that risk prevention must be carried out in application of the general principles of prevention and that the results of the risk assessment are kept up to date in the Single Document by the employer.

Articles R4511-1 to 12, R4512-1 to 16, R4513-1 to 13 and R4514-1 to 10 indicate that the work of control, maintenance, repair or modification of installation in a confined space can be confided to external companies. However, the coordination and the prevention plan before the interventions remain the responsibility of the head of the establishment.

Articles R4512-7 (Order of March 19, 1993) indicates that the prevention plan for interventions in confined spaces must be drawn up in writing regardless of the duration of the work.

Single document for the evaluation of professional risks

Articles R4121-1 to R4121-4: This document lists and prioritizes the risks that may affect the safety of any employee and recommends actions to reduce (or even eliminate) them.

It is mandatory for all companies and must be made available to employees, the occupational physician, the labor inspectorate, and agents of the prevention services of social security organizations. It must be re-evaluated at least once a year and each time a work unit has been modified.

In case of absence or non conformity of this document, the employer is exposed to a penalty which can go from 1500 to 3500 € of fine.

Penal Code

Article 222-19 states that the fact of causing to others [...] by clumsiness, imprudence, inattention, negligence or failure to comply with an obligation of safety or caution imposed by law or regulation, a total work incapacity for more than 3 months is punishable by 2 years imprisonment and 30,000 € in fines. In case of a deliberate violation of a particular safety or caution obligation imposed by law or regulation, the penalties are increased to 3 years imprisonment and a fine of 45 000€.

Article 221-6 indicates that the fact of causing by clumsiness, carelessness, inattention, negligence or failure to comply with a safety or prudence obligation imposed by the law or regulations, the death of another person constitutes involuntary manslaughter punishable by 3 years imprisonment and a fine of €45,000. In the case of a deliberate violation of a particular safety or cautionary obligation imposed by law or regulation, the penalties are increased to 5 years imprisonment and a fine of €75,000.

The training - known as CATEC - for the "Prevention of risks related to work in confined spaces" is designed to ensure the safety of all persons over 18 years of age performing work in confined spaces, as well as that of persons in the immediate environment at the time of the intervention.

This training became mandatory in 2013 following accidents in 2006 that killed four sanitation workers. It provides employers with proof of their employees' competence to intervene in this type of high-risk area. It is framed by two recommendations aimed at harmonizing good practices:

R447 or "Prevention of accidents during work in confined spaces" which describes the practices to be adopted during intervention in confined spaces.
R 472 or "Implementation of the CATEC system", which is the basis for the CATEC training that became mandatory in 2013 and which sets out the skills to be acquired.