(Regulatory Part - Decrees of the Council of State)
LexInter | May 11, 2004 | 0 Comments

(Regulatory Part – Decrees of the Council of State)

Sub-section 1: Work equipment

Article R233-83

(Decree nº 81-131 of February 10, 1981 art. 1 Official Journal of February 13, date of entry into force March 1, 1982)
 

(Decree nº 82-303 of March 31, 1982 art. 1 Official Journal of April 3, 1982 date of entry into force DECEMBER 1, 1982)
 

(Decree nº 85-968 of August 27, 1985 art. 1 Official Journal of September 14, 1985)
 

(Decree nº 86-594 of March 14, 1986 art. 1, art. 2 Official Journal of March 19, 1986)
 

(Decree nº 86-1103 of October 2, 1986 Official Journal of October 12, 1986 in force on October 1, 1989)
 

(Decree n ° 89-78 of February 7, 1989 art. 1 Official Journal of February 9, 1989 in force on October 1, 1989)
 

(Decree nº 90-53 of January 12, 1990 art. 1 Official Journal of January 14, 1990)
 

(Decree nº 92-765 of July 29, 1992 art. 1 Official Journal of August 7, 1992 in force on January 1, 1993)
 

(Decree nº 93-40 of January 11, 1993 art. 4 I Official Journal of January 13, 1993 in force on January 15, 1993)

The work equipment to which the obligations defined in I of article L. 233-5 apply are those that fall into one of the following categories:
1 ° Machines, including machines intended for the extraction industry minerals.
A machine is a set of parts or organs linked together, at least one of which is movable and, where appropriate, actuators, control and power circuits joined together for a defined application such as in particular processing,
A set of machines which, in order to achieve the same result, are arranged and controlled so as to be integral in their operation is considered to be a machine.
Interchangeable equipment intended to be assembled to a machine or to a series of different machines or to a tractor by the user himself, in order to modify its function, is, insofar as this equipment is not a spare part or a tool, considered as a machine.
Removable power transmission cardan shafts between a self-propelled machine or a tractor and a receiving machine, as well as the devices for protecting said cardan shafts, are considered as machines.
Vehicles and their trailers intended for the mineral extraction industry and vehicles and their trailers intended solely for the transport of goods on private road, rail, sea or river networks are also considered as machines.
Also considered as machines, insofar as they do not perform the transport function, are equipment meeting the definition of machines placed on vehicles or their trailers.

2º Wheeled agricultural and forestry tractors.
3 ° Lifting accessories corresponding to the following definition: equipment not incorporated in a machine, tractor or other equipment and placed between the machine, tractor or any other equipment and the load, or on the load, to allow gripping load, such as sling, lifting beam, clamp, magnet, suction cup, lifting wrench.
4 ° Components of lifting accessories, not incorporated in an accessory referred to in 3 ° above, such as eye hooks, shackles, rings, rod rings.
5º Chains, cables and lifting straps to the length not incorporated in an accessory or a component referred to in 3º or 4º above or in a machine, tractor or any other material.
6 ° Industrial radiography equipment and industrial radiology equipment:
Industrial radiography equipment using gamma radiation, excluding equipment specially designed to move, independently or not, in tubular conduits.
X-ray electric generators, used in industrial radiology, accessories included.
7º Spray projection booths, drying booths and enclosures, mixed projection and drying booths intended for the use of liquid paints, varnishes, powders or dry fibers, toxic, harmful, corrosive, irritant, oxidizing or flammable , referred to in Article L. 231-6.
These cabins and enclosures are defined as spaces delimited by horizontal and vertical walls distinct from the partitions or walls of the installation room constituting a volume from which the projections, vapors and aerosols of paint or varnish can only exit through specific ventilation devices.
8º Energizers of fences.

Article R233-83-1

(Decree nº 90-489 of June 15, 1990 art. 1 Official Journal of June 17, 1990 in force on January 1, 1991)
 

(Decree nº 92-765 of July 29, 1992 art. 1 Official Journal of August 7, 1992 in force on January 1, 1993)
 

(Decree nº 93-40 of January 11, 1993 art. 4 I Official Journal of January 13, 1993 in force on January 15, 1993)
 

(Decree nº 96-725 of August 14, 1996 art. 17 Official Journal of August 18, 1996)

Machines driven by human power used directly, except in the case of machines intended to be used for lifting loads, are excluded from the scope defined by 1 ° of article R. 233-83.
The following are also excluded:

I. – Machines which, by nature, expose more to risks of electrical origin than to risks of mechanical origin, such as office machines, machines in the household electrical sector, welding stations and glue guns;

II. – Machines or parts of machines that cannot function independently as they are, intended to be incorporated into a machine or to be assembled with other machines integral in their operation, provided that they are the subject of a declaration of the manufacturer or the importer, the content of which is determined by an order of the minister in charge of labor and the minister in charge of agriculture. The absence of a motor, of one or more easily incorporated removable elements or protection devices, or of interchangeable equipment, does not meet the condition relating to the

III. – Machines for medical use used in direct contact with the patient;

IV. – Methods of transportation. Aircraft, as well as vehicles and their trailers, intended for transport on road, rail, sea or river networks, other than those mentioned in 1 ° of article R. 233-83 are considered as means of transport;

V. – Machines specially designed and built for armed forces or law enforcement and firearms;

V bis. – Nail guns;

VI. – Specific machines for fairgrounds and amusement parks;

VII. – Cableway installations, including funiculars for public or non-public transport;

VIII. – Elevators, defined as devices that serve defined levels using a car that moves along rigid guides and whose inclination to the horizontal is greater than 15 degrees; the cabin is intended for the transport of:
– people;
or
– people and objects;
or
– objects only. The cabin must be accessible, that is to say such that a person can enter it without difficulty, and be equipped with control elements located inside said cabin or within reach of a person who is found there.
Also considered as such are elevators which move according to a perfectly fixed course in space, even if they do not move along rigid guides, for example elevators guided by scissors;

IX. – Means of transporting people using rack-and-pinion vehicles;

X. – Elevators equipping mine shafts;

XI. – Theater machinery lifts;

XII. – Construction elevators.

 

LABOR CODE
(Regulatory Part – Decrees of the Council of State)

Sub-section 2: Safety components

Article R233-83-2

(Decree nº 92-765 of July 29, 1992 art. 1 Official Journal of August 7, 1992 in force on January 1, 1993)
 

(Decree nº 93-40 of January 11, 1993 art. 4 I Official Journal of January 13, 1993 in force on January 15, 1993)
 

(Decree nº 96-725 of August 14, 1996 art. 18, art. 19 Official Journal of August 18, 1996)

The guards and protective devices of work equipment to which the obligations defined in I of article L. 233-5 apply, and which are called “safety components”, are those which are placed on the market in isolation. view of their installation on a machine kept in service or on a second-hand machine.
A safety component is understood to mean a component intended to ensure, through its use, a safety function and the failure or malfunction of which would jeopardize the safety or health of the persons exposed or would jeopardize a safety function of the machine. .
Safety components include, in particular, emergency stop devices, guards, protective devices, seat belts or equivalent devices, protective structures against overturning, protective structures against falling objects, load control devices, “dead man” devices, respectively referred to in points 1.2.4, 1.4.2, 1.4.3, 3.2.2, 3.4.3, 3.4.4, 4.2.1 and 5.5 of the Annex I provided for in article R. 233-84, as well as the components referred to in article R. 233-88-1.
The above definition of safety components does not include interchangeable equipment or components supplied directly to a user as a spare part for an identical component of the original machine by the manufacturer of the original machine. or according to his instructions.

Article R233-83-3

(Decree nº 92-765 of July 29, 1992 art. 1 Official Journal of August 7, 1992 in force on January 1, 1993)
 

(Decree nº 93-40 of January 11, 1993 art. 4 I Official Journal of January 13, 1993 in force on January 15, 1993)
 

(Decree nº 96-725 of August 14, 1996 art. 18 Official Journal of August 18, 1996)

The personal protective equipment to which the obligations defined in I of Article L. 233-5 apply are devices or means intended to be worn or held by a person in order to protect him against one or more risks likely to threaten his safety as well as his health.
An assembly made up of several devices or means, integrally associated with a view to protecting a person against one or more risks likely to be incurred simultaneously, is considered to be personal protective equipment.
The following are also considered to be personal protective equipment:
1 ° A protective device or means integral, in a dissociable or not dissociable manner, from non-protective personal equipment, such as work clothing, worn or held by a person with a view to deploying a activity;
2 ° Any interchangeable component of personal protective equipment, essential for its proper functioning and used exclusively for this personal protective equipment.
Any linkage systems enabling individual protective equipment to be connected to an additional external device, even when these linkage systems are not intended to be worn or held permanently by the user during the period of exposure to the risks, are considered to be an integral part of personal protective equipment.

Article R233-83-4

(Decree nº 92-765 of July 29, 1992 art. 1 Official Journal of August 7, 1992 in force on January 1, 1993)
 

(Decree nº 93-40 of January 11, 1993 art. 4 I Official Journal of January 13, 1993 in force on January 15, 1993)
 

(Decree nº 96-725 of August 14, 1996 art. 18, art. 20 Official Journal of August 18, 1996)

The following are not considered to be personal protective equipment falling under Article R. 233-83-3:
I. – Personal protective equipment designed and manufactured specifically for the armed forces or for the maintenance of law and order;
II. – Personal protective equipment intended for the protection or safeguard of persons on board ships or aircraft, and which are not worn permanently;
III. – Self-defense equipment against attacks, such as aerosol generators and personal weapons of deterrence;
IV. – Personal protective equipment designed and manufactured for private use against:
a) Weather conditions, such as headgear, seasonal clothing, shoes and boots, umbrellas;
b) Moisture, water, such as washing-up gloves;
c) Heat, such as gloves;
V. – Helmets and visors intended for users of two or three-wheeled motor vehicles;
VI. – Personal protective equipment which is the subject of special regulations taken in application of the law of August 1, 1905, as amended, on fraud and falsifications in relation to products or services, of the law of May 24, 1941 relating to the standardization, of law n ° 83-660 of July 21, 1983 relating to consumer safety and of title III of book V of the public health code;
VII. – The components of personal protective equipment intended to be incorporated therein and which are neither essential nor indispensable for the proper functioning of the personal protective equipment;
VIII. – Portable devices for the detection and signaling of risks and nuisance factors.

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