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What is the VLEP?
The French Labour Code – Article R4412-149 gives all the legal values to be respected. We distinguish between two types of exposure: exposure over a day (8h) or over a 15-minute period.
Occupational Exposure Limit Values (OELVs ) are expressed as a concentration in air for a given chemical substance and for a regulated time. It is considered that only exposure to higher concentrations or over a longer period of time will have health consequences.
The Labor Code specifies values for certain products. But there are many others that are not listed. For this reason, it is advisable to refer either to the list published by INRS, or to values published by foreign bodies, notably in Germany (GESTIS database).
Also read: VLEP regulations: how to assess chemical risk in the workplace?
Dust with no specific effects
The rate to be respected for dusts without specific influence on health is :
- 10mg/m3 for particles larger than 10µm
- 5mg/m3 for PM 10.
Unfortunately, few particles fit this description. Even the most innocuous dusts (silica, clay, limestone…) can have a major impact on our health if the particles are fine.
Dusts subject to a specific VLEP
All dusts have a specific TLV. This value corresponds to the time-weighted average concentration of particles allowed in the worker’s breathing zone over an 8h period. The VLEP is supposed to protect the operator in the medium and long term from the harmful effects of this pollutant.
Further information: Dust filtration and VLEP and regulations.
Dusts subject to a short-time OEL (STOEL)
The TLV corresponds to the maximum limit to which the operator can be exposed over a 15-minute period. This value is intended to protect the operator from immediate or short-term toxic effects. However, according to ANSES, ” it is not intended to prevent the occurrence of possible chronic health effects that could result from repeated exposure “. And, ” Other substances are recommended a VLCT-15min, which corresponds to the concentration of chemical agents measured over a period of 15 minutes, whereas their toxicological profile shows that they can cause a serious, potentially irreversible effect for a period of exposure of much less than 15 minutes.
Thus, although legislation imposes standards, the risks for personnel remain significant. INRS strongly recommends staying well below these values to prevent any risk of occupational illness.
What are the criminal risks for company directors?
Research into fine-particle pollution took off in the wake of the asbestos problem. Even though the harmful effects of fine particles were not yet known, companies have been taken to court following occupational illnesses.
The employer may be held civilly liable when the occupational disease or accident is (or may be) the result of the employer’s fault, i.e. when the employer has failed to comply with his or her legal obligations under the Labor Code. The employer’s civil liability leads to compensation in the form of damages paid by the company (or its civil liability insurance), in addition to the basic compensation.
The sick employee will receive the following benefits:
- Medical care paid for by the company.
- Compensatory daily allowances.
- A pension in the event of disability.
In addition, the employer will have to pay supplementary benefits corresponding to 90% of gross pay for the first 30 days of absence from work, then 66.66% for the following 30 days, except in special cases.
As we have seen with asbestos, a company can find itself before the courts if an employee develops an occupational disease, even if the harmful effects are not known. It is the employer’s responsibility to protect his employees.
Finally, the manager or person in charge of safety may also be subject to sanctions. According to article 223-1 of the French Penal Code, “The act of directly exposing another person to an immediate risk of death or injury likely to result in permanent mutilation or infirmity through the manifestly deliberate violation of a particular obligation of prudence or safety imposed by law or regulation is punishable by one year’s imprisonment and a fine of 15,000 euros”.
