FAQ

Pursuant to Article R. 4461-1, the provisions of the French Labour Code on the prevention of risks in hyperbaric environments apply when workers are subjected to a relative pressure greater than 100 hectopascals (i.e. 1 metre depth for dives).

Relative pressure is defined as the difference between the pressure and atmospheric pressure.

The nature of the various hyperbaric activities (categories) is defined by Article R. 4461-28 of the French Labour Code and covers, for example, the following activities:

• Category A: Hyperbaric work, including industrial, civil engineering and maritime works.
• Category B: Other underwater activities, such as sports and scientific activities (e.g. oceanographers, biologists, archaeologists), technical activities (expert assessments, certain interventions in ports), entertainment and media activities (e.g. photographers, cameramen, camera operators, lighting technicians, actors), safety and security activities (e.g. rescuers, civil protection, firefighters) and aquaculture activities (e.g. aquaculture farmers, fishermen, coral harvesters, oyster farmers).
• Category C: Healthcare activities (doctors, nurses and technicians working in hyperbaric medical facilities).
• Category D: Other hyperbaric worker activities.

The level of access (class) is defined as follows (Article R. 4461-30 of the French Labour Code):

• Class 0: maximum relative pressure ≤ 1,200 hectopascals, i.e. ≤ 12 metres
• Class I: maximum relative pressure ≤ 3,000 hectopascals, i.e. ≤ 30 metres
• Class II: maximum relative pressure ≤ 5,000 hectopascals, i.e. ≤ 50 metres
• Class III: maximum relative pressure > 5,000 hectopascals, i.e. > 50 metres

Yes. For any activity on building and civil engineering sites, the hyperbaric provisions (team composition, training, working time, etc.) also apply to self-employed workers.

Article R. 4535-13 of the French Labour Code states that “self-employed workers and employers who directly carry out an activity on a building and civil engineering site are subject to the provisions of Title VI of Book IV of the Labour Code”.

A site is defined in Article R. 4534-1: “The provisions of this chapter apply to employers in the building and public works sector whose workers carry out, even occasionally, earthworks, construction, installation, demolition, maintenance, repair, cleaning, any ancillary operations and any other work provided for in this chapter, relating to immovable property by nature or by destination.

They also apply to other employers whose workers carry out the same work.”

As a reminder, a self-employed worker carries out an economic activity on their own account. They may have different legal statuses, with or without partners, the most common being that of micro-entrepreneur.

Hyperbaric work (working at a pressure higher than atmospheric pressure) takes place either in an underwater environment (i.e. submerged) or in a dry environment.

Whatever the environment, the regulations distinguish “works” from “interventions”. The term “works” covers certain operations which, by their nature, justify a stricter regulatory framework: company certification, reinforced team composition and longer training.

The list in Annex 1 to the Order of 29 September 2017 on the certification of companies carrying out hyperbaric works defines the works for which certification of hyperbaric works companies is required, given the nature and extent of the risk.

This list sets out what qualifies as works (“Category A”). Activities not on this list are interventions (“Category B”).

Some examples of hyperbaric works:

• works in rivers, at sea and in bodies of water: dams, wells, drilling, riverbank development, etc., underwater assistance with sheet-pile driving, formwork, concreting;
• diving to install bridge piers at sea, in rivers, etc.;
• jack-propelled shields: compressed-air workers, excavation of galleries, tunnels, boreholes, earthworks;
• miscellaneous works: electrical work, masonry, waterproofing, injection of materials to consolidate the subsoil;
• works in wet or marshy ground (excavation).

Some examples of underwater and dry hyperbaric interventions:

• physical or sports activities;
• marine and inland underwater archaeology;
• cave diving;
• rescue and safety operations, such as civil protection and police operations;
• fishing and aquaculture activities;
• underwater photography;
• hyperbaric medicine.

I) The list of hyperbaric works, which covers activities under Categories A and D, is set out in Annex I to the Order of 29 September 2017 on the certification of companies carrying out hyperbaric works, issued pursuant to Article R. 4461-48.

For Category A works (underwater works), this list sets out 3 criteria justifying the inclusion of an activity on the list:

• risks related to the nature of the activity;
• risks related to the working environment;
• risks related to the equipment and tools used.

For each of these criteria, guidance is provided to specify, characterise or illustrate these types of situation. This guidance is not strictly exhaustive and, particularly with regard to the working environment, the identification of a hazard to the operator must lead the employer to classify an activity as “underwater works”.

In addition to these 3 criteria, the list also covers activities for which the occupational risk assessment provided for in Article L. 4121-3 of the French Labour Code, covering risks related to the working environment (co-activity, current, turbidity, confinement, etc.), identifies a hazard to the operator requiring specific protective measures to prevent the risk.

Category D works (without immersion) are defined by an exhaustive list of activities, also set out in Annex 1 to the aforementioned Order of 29 September 2017.

Consequently, activities other than those on the above list fall under Category B and are therefore considered “underwater interventions”.

II) An intervention is an activity that presents no risk related to the activity itself or to the use of tools.

For example, an activity carried out in a river that would generally be considered an intervention may be reclassified by the employer as works when the current is strong, when there is no visibility and when vessels pass frequently (see items 1 and 3 of section I “List of Category A works” in Annex 1 “List of works subject to certification” to the Order of 29 September 2017 on the certification of companies carrying out hyperbaric works).

The same applies to locks, whose operation generates strong water currents. Any activity on a lock must provide for the structure to be made safe, so as to avoid any risk to the diver. However, some locks have water flows (for example due to leaks) that cannot be isolated (see item 2 of section I “List of Category A works” in Annex 1 “List of works subject to certification” to the Order of 29 September 2017 on the certification of companies carrying out hyperbaric works).

A strong water current therefore always exists and constitutes a risk to the diver (cases of divers being sucked in or pinned against this type of structure are not uncommon). An activity involving a particular risk to the diver must therefore be classified as “works” rather than an “intervention”. However, during interventions, divers may also face particular risks that cause the interventions to be reclassified as works. For example, activities on locks are admittedly not listed in the Annex, but given the associated risks, they nevertheless fall under Category A, since they are classified as works (see item 2 of section I “List of Category A works” in Annex 1 “List of works subject to certification” to the Order of 29 September 2017 on the certification of companies carrying out hyperbaric works).

Example 1: If replacing worn chains submerged at sea or in a port does not require tools with a power greater than 1.5 kW and the chains have a mass of 50 kg or less, this is not “works” but “interventions”.

In this case, the operation may be carried out in accordance with the Order of 14 May 2019 on Category B.

However, if the mass of the chains to be removed (weight out of the water) exceeds 50 kg, this constitutes works, which may only be carried out by Category A commercial divers and certified companies, in accordance with the Order of 14 May 2019 on hyperbaric works carried out underwater (Category A).

Example 2: When installing, moving or removing “mooring chains”, the overall layout of the mooring line must be considered (in particular during “buoy laying and removal operations”): the connected assembly of sinker, chain and buoy constitutes a single object within the meaning of the aforementioned Order. Depending on the mass of this assembly, it can be determined whether the hyperbaric operation is “works” (Category A) or an “intervention” (Category B).

N.B.: An object within the meaning of Annex 1 to the Order of 29 September 2017 means an assembly of objects joined together.

Example 3: Company X carries out an underwater survey operation. If the purpose of this survey is linked to works to be carried out, it is ancillary to those works and the survey activity must be classified as “works”, in accordance with Annex 1 to the aforementioned Order of 29 September 2017. However, if the survey has another purpose that cannot be linked to works, it is considered an “intervention” (e.g. periodic inspections, verification that services or works have been completed).

Other examples are listed below, subject to the assessment provided for in Article L. 4121-3 of the risks related to the working environment (co-activity, current, turbidity, confinement, etc.), where this assessment would identify a hazard to the operator requiring specific protective measures to prevent the risk.

The Annex to the Order of 29 September 2017 excludes the maintenance of “small pleasure craft” from the list of hyperbaric works, because it became clear that using a certified company to maintain these pleasure boats and vessels was not justified.

The term “small pleasure craft” is not defined in the French Labour Code and is unrelated to the concept of “pleasure vessels” set out in Decree No. 84-810 on the safety of life at sea, habitability on board ships and pollution prevention.

The concept of small pleasure craft was chosen because it implies a vessel of limited size, without distinguishing between navigation at sea and on inland waters. No tonnage or size threshold has been set, but a small pleasure craft is considered to be one that can be lifted with the equipment commonly found in marinas (e.g. a patented mobile gantry designed to lift and move small pleasure boats safely on land).

However, large yachts that need to be maintained using lifting equipment other than that commonly found in marinas are not considered “small pleasure craft”.

This type of mission is not listed in Annex 1 “List of works subject to certification” to the Order of 29 September 2017 on the certification of companies carrying out hyperbaric works. It therefore falls under the “technical, scientific, fishing, aquaculture, media and other interventions” sector, which is the “miscellaneous” group within Category B (see the Order of 14 May 2019).

Yes. Wind turbine construction sites located in territorial waters are building and civil engineering sites (e.g. construction of concrete foundations and related operations). They are therefore subject to French law, both the health and safety protection (SPS) coordination provisions and the provisions on hyperbaric works, which in this case also apply to self-employed workers.

The Order of 29 September 2017 on the certification of companies carrying out hyperbaric works came into force on 1 January 2020.

The accreditation/certification system is as follows:

• COFRAC (the French accreditation body) accredits certification bodies according to specific accreditation procedures and standards. The list of accredited bodies is regularly updated on the COFRAC website.
• These bodies are competent to certify companies that apply, according to a certification standard laid down by order. The certification process involves compiling an application file; an initial document review of this file leads to a certificate of admissibility. The company then undergoes an initial audit (on-site document audit) which, if successful, results in the award of the certification, allowing it to carry out hyperbaric works.
• No later than 1 year after the certification is awarded, the certified company is audited on a worksite by the certification body (1st surveillance audit).
• A second surveillance audit (document audit) is then carried out 18 months later.
• Finally, 18 months after that, the certification is renewed following the same process.

Certification is subject to a fee.

No.

In accordance with the Order of 29 September 2017 on the certification of companies carrying out hyperbaric works, certification has been mandatory since 1 January 2020 for companies whose activities fall under Category A or D, and for temporary employment agencies involved in this type of works.

The concept of company covers all legal forms under which hyperbaric activities can be carried out (company, single-member company, self-employed workers, local authorities, public bodies, etc.).

Yes. The certification requirement covers both temporary employment agencies (ETTs) and user companies. The Order of 29 September 2017 on the certification of companies carrying out hyperbaric works expressly provides for this in its Annex 2.

It should also be noted that user companies are responsible for the occupational health and safety conditions applicable to the employment of temporary workers (Article L. 1251-21, 4°).

Yes. Pursuant to Article 3 of Decree No. 85-603 of 10 June 1985 on occupational health and safety and on occupational and preventive medicine in the local civil service, the provisions of Books I to V of Part 4 of the French Labour Code apply to local authorities and to the public bodies attached to them. Therefore, if the unit carries out hyperbaric works, it must be certified.

Mainly because of the accident record associated with the use of self-contained breathing apparatus.

For works, the safest equipment is surface-supplied breathing apparatus (narguilé): in particular, it maintains voice communication with the diver and isolates the diver from the sometimes polluted environment in which they work. The Order of 14 May 2019 on hyperbaric works carried out underwater (Category A) establishes a principle, the use of surface-supplied equipment, and an exemption subject to a decision by the labour inspector.

Consequently, where circumstances justify it (e.g. diving in galleries or tunnels, or in a very cluttered working environment where the surface supply hose could get caught), self-contained breathing apparatus may still be used, subject to an authorisation decision by the labour inspectorate.