Since the 2016 regulatory statement, some establishments must be equipped with a defibrillator. Are you concerned?
In France, since the May 4, 2007 decree, anyone, even without training, is allowed to use a semi-automatic defibrillator or a fully automatic defibrillator (AED).
Cardiovascular accidents are the leading cause of death in France. By intervening quickly, it is possible to increase the survivability of the victim.
The law passed in Octobre 2016 reinforces the 2007 decree by specifying which establishments are legally required to equip themselves with AEDs.
According to article L. 123-5 - "A Board of State decree determines the types and categories of establishments opened to the public which are required to be equipped with an external automated defibrillator that is visible and easily accessible, as well as the modalities of application of this obligation ".
The decree specifies that all ERP category 1 (more than 1501 people) and category 2 (701 to 1500 people), regardless of their activity are concerned. Sports complexes, shopping malls, cinemas among other establishments are covered by this decree.
Smaller establishments (hairdresser, restaurants and other local shops) are not concerned.
The French Labor Code states that the entrepreneur is obliged to make available to his employees "first aid material adapted to the nature of the risks and easily accessible".
During risk assessments and with the consultation of the occupational doctor as well as employee representatives, it is up to the employer to take the decision to equip the company with an AED.
The regulations in force do not explicitly mention the defibrillator as a means of rescue, contrary to what exists for other intervention devices (fire extinguishers for example.) However, in the event of an accident, the employer's liability may be engaged as it is required to ensure the safety and health of its employees.
The Ministry of Labor also draws up a list of the risk factors to take into account to help the employer:
- when there are many people in one place (employees or public),
- when there are many people over 50,
- when the rescue centers are far away,
- when people are subjected to strong physical efforts (sports activities, handling, unusual thermal environments, etc.),
when people are frail (sick, elderly, people who have already had heart problems),
- when there are specific risks to the activity, especially for electrical work and those at risk of drowning.
If the company decides to equip itself with an AED, it is important not to forget its maintenance, periodic checks and training to its use according to the article L. 123- 6 - "The owners of the establishments mentioned in Article L. 123-5 are required to ensure the maintenance of the external automated defibrillator and its accessories in accordance with the provisions of Article L. 5212-1 of the code of the public health".