New powers for the Technical Health, Safety and Environmental Protection Committee

Sovereign Order no. 10.198 of 21st November 2023 (published in the JDM n° 8671 of 1st December 2023) amended and supplemented Sovereign Order no. 2.214 of 9 June 2009 creating and organising the Technical Committee for Health, Safety and Environmental Protection (Commission Technique d'Hygiène, de Sécurité et de Protection de l'Environnement) (amendment of Articles 1, 2, 4, 5; new Articles 2bis and 2ter). The powers of the Technical Committee has been clarified and extended.

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SUMMARY

— Mention of "written opinions on matters falling within its remit", and the following rewording relating to its compulsory powers (Art. 1):

• The Technical Commission is "obliged" to study and propose "regulations" to ensure, in all respects, safety "against the risks of fire and panic", hygiene "and food safety", hygiene "and safety at work", "accessibility of the built environment" (in addition to public peace and the protection of the environment) during the construction, fitting out, modification and operation of the premises and facilities in question.
• Visit by the Technical Commission "compulsory, prior to resumption of operation, in the event of closure of the premises and facilities following a disaster" (without prejudice to Article 2 of Sovereign Order no. 3.647 of 9 September 1966 concerning town planning, construction and roads). "The operator submits the application for resumption of operations to the Minister of State, who asks the Technical Commission to review it. The resumption of operations is granted or refused by decision of the Minister of State following the opinion of the Technical Commission.
• "to examine requests for exemptions from the rules relating to safety against the risks of fire and panic and from the rules relating to the accessibility of new buildings or the accessibility of existing buildings".
• "to monitor and verify, through visits (...) compliance with the regulations and requirements imposed".
• "to examine applications for approval : - Visual Inspection Technicians (T.I.V.) for the periodic inspection of diving cylinders; - persons or organisations responsible for carrying out technical inspections in the field of health, safety and environmental protection; - organisations for SSIAP training and building and establishment caretakers."
• "to examine applications for accommodation certificates and requests for authorisation for musical ambience and entertainment and for late closing on referral from the Home Office."
• "to examine applications for annual exemptions from traffic in the port area for the purpose of victualling ships.
• "to examine applications to change the use of residential premises to business premises, without prejudice to the provisions of Article 2 of Sovereign Order 3.647 referred to above.

— The Technical Committee may issue "written" opinions in other areas on referral, expressly reworded as follows (Art. 2):

• in the field of occupational health and safety, "on referral from the Labour Department".
• in the area of housing-related health risks, "on referral from the Health Action Department".
• in the field of natural and technological risks, "on referral from the Department of the Interior".
• "in the field of the environment, on referral from the Environment Department.
• "in the field of worksite safety following a work stoppage due to an incident, prior to the resumption of work, on referral from the Department of Public Works, the Environment and Town Planning".
• "in the field of the creation and modification of economic activities concerning the premises, on referral from the Department of Economic Development".
• "in the field of helicopter cargo transport, at the request of the Civil Aviation Authority".
• The Technical Commission may be given any other remit "or any other powers conferred on it by legislative or regulatory provisions".

— The examination of the aforementioned applications is carried out by the Technical Committee, which is entitled to consult all administrative departments or experts whose technical opinion is required. (new Art. 2bis).

— The Technical Commission "does not have jurisdiction over the soundness of buildings. It can only issue an opinion once the compulsory technical inspections have been carried out and the conclusions of these have been communicated to it" (new Art. 2ter).

— Details of the report (procès-verbal) drawn up "in the presence of both parties" following periodic or unannounced on-site inspections of the premises or facilities concerned, which "is dated and signed, and may be accompanied by individual instructions. It is notified to the operators or their representatives either on site by hand-delivery or by registered letter with acknowledgement of receipt and mentions, where appropriate, the refusal of the operators or their representatives to sign". It "shall be deemed authentic until proven otherwise" (Art. 5).

— The Commission's power to issue a "formal notice ("mise en demeure") to comply, accompanied by instructions" "when it observes breaches during these visits" and "to recommend to the competent authorities that preventive and/or punitive measures be taken, which may include closure of the establishment, if compliance is not achieved within the specified time". (Art. 5).

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