LEGISLATIVE FRAMEWORK AND TECHNIQUES FOR THE CREATION AND OPERATION OF STATIONS
In France and Europe, several key legislative texts with rules to follow for designing spaces mainly address issues of workplace well-being, hygiene, fire safety, and technical provisions for carrying out work. These must be observed. This is at the heart of the bar profession, as it directly concerns stainless steel bar counters as well as all bar equipment. The standards imposed in France are mentioned here, but they have equivalents in every country. The aim is to enhance well-being by minimizing psychosocial and physical risks.
Our topic of stainless steel bar layout primarily encourages the search for and mitigation of physical dangers. The issue of hygiene is inseparable from beverage services and is an obvious concern for the majority of establishments. Fire safety mainly concerns passageways, but also materials and other systems related to public safety.
Through various legislative texts, we clarify the situations where they apply and highlight the main points concerning bar layout.
The Labor Code (FRANCE)
The Labor Code is a legal code that compiles legislative texts regarding labor law. It primarily concerns employees under private law employment contracts. It is not specific to the HCR sector, but the texts it contains are applicable to all companies.
Article L4121-1 of the Labor Code obliges and holds the employer responsible for ensuring the safety and protecting the physical and mental health of employees.
Article L4121-2 of the Labor Code obliges and holds the employer responsible for adapting workstations to physiological needs.
"4° adapt work to humans, particularly concerning the design of workstations as well as the choice of work equipment and work and production methods, with the aim, in particular, of limiting monotonous and paced work and reducing their effects on health"
Here is the list of risk factors particularly concerning the HCR sector mentioned in Article L. 4121-3-1 of the Labor Code:
Under significant physical constraints:
- Manual handling of loads defined in Article R. 4541-2 of the Labor Code;
- Painful postures defined as forced joint positions;
- Mechanical vibrations mentioned in Article R. 4441-1 of the Labor Code.
- Under aggressive physical environment:
- Hazardous chemical agents mentioned in Articles R. 4412-3 and R. 4412-60 of the Labor Code, including dust and fumes;
- Activities carried out in hyperbaric environments defined in Article R. 4461-1 of the Labor Code;
- Extreme temperatures;
- Noise mentioned in Article R. 4431-1 of the Labor Code.
Under certain work rhythms:
- Night work under the conditions set out in Articles L. 3122-29 to L. 3122-31 of the Labor Code;
- Alternating shift work;
- Repetitive work characterized by the repetition of the same gesture, at a constrained pace, imposed or not by the automatic movement of a piece or by piece-rate pay, with a defined cycle time.
While nothing is specifically recommended in terms of sizing and ergonomics, it should be noted that the employer takes full responsibility for workplace well-being and is responsible for taking necessary measures to ensure the safety and protect the physical and mental health of workers. This is particularly important in production spaces such as on a stainless steel back bar where there are currently many solutions reducing hardship and increasing work comfort.
The Labor Code can be found on www.legifrance.gouv.fr or is available in paper version.
The National Collective Agreement for Hotels, Cafés, and Restaurants of April 30, 1997 (FRANCE)
The Collective Agreement brings together the rights and obligations of employers and employees. The rules specific to the activity are more precise than the Labor Code. It is the activity of the company that must be considered to determine the applicable collective agreement. It is determined by the APE code. In the HCR sector, it is "extended," which means it is mandatory.
Sometimes, labor law and the collective agreement do not have the same rules. According to the principle of favorability, the most advantageous provision for the employee must be applied.
The French National Collective Agreement for Hotels, Cafés, and Restaurants (HCR) of April 30, 1997, includes an attached text of the Agreement of July 11, 2013, related to the health and employment of seniors. This provides companies and employee representatives with a general framework to prevent, detect, avoid, and best manage physical and psychosocial risks at work so that these companies can meet their respective legal obligations according to their size.
According to the legislation, due to the diversity of companies, positions, and working conditions, it is the responsibility of each employer to assess the factors of hardship and take necessary measures to ensure safety and protect the physical and mental health of workers.
In Article 5.2, which deals with actions to be taken by the employer to ensure safety and protect the physical and mental health of workers, important points are raised.
"Assessment of the consequences of hardship factors on health and defining preventive, protective measures aimed at eliminating these factors:
- By prioritizing the replacement of what is difficult with what is less difficult;
- By favoring collective measures and those located as upstream as possible of the encountered hardship factor, that is, as close as possible to its source; these measures include, in particular, the adjustment of the workstation, improvement of working conditions and/or work organization, as well as the training of employees and management personnel;
- By seeking the adaptation of the workstation to the employee based on the employee's perception of the difficulty of their position;
- By complying with the legal and regulatory standards in force regarding workstation ergonomics;
- By taking all measures to ensure that the workforce can cope with the workload."
However, in terms of ergonomics, the Collective Agreement only mentions compliance with the legal and regulatory standards in force regarding workstation ergonomics. The employer is clearly responsible, and for the employee, they are entitled to expect the tools in use in the profession.
Find the National Collective Agreement for Hotels, Cafés, and Restaurants of April 30, 1997, on www.legifrance.gouv.fr or available in paper version.
European Directives 98/37/EC & 2006/42/EC (EUROPE)
Specific rules on the ergonomic qualities of machines and equipment are described in this European directive. It should be noted that European directives automatically become binding throughout the EU on their effective date. Since all bar machines and equipment must already comply with these directives, these texts do not provide us with answers regarding the ergonomics of the bar workspace. However, many rules can be applied to the bar sector.
Find the text of the European directive 2006/42/EC on www.legifrance.gouv.fr.
HACCP Hygiene Training (FRANCE)
HACCP (Hazard Analysis Critical Control Points) is primarily a methodology conveyed through mandatory training for all businesses in the food service sector that handle or process food. It is a method aimed at identifying and controlling risks related to food hygiene. This training typically lasts 2 days.
Among the rules and recommendations, there is the principle of forward movement and the circulation plan that particularly concerns the bar area. The preparation and storage area must be separated from the areas where equipment and dishwashing take place, and where trash is stored.
Many establishments offer HACCP training, and they are spread throughout France.
INRS
To support French companies of all sizes in their efforts to improve working conditions, there is an institute, the INRS (National Institute for Research and Safety). It implements improvement initiatives for all types of companies.
A section of their website is specifically dedicated to companies in the catering sector, where you can find numerous documents, brochures, and other very interesting content containing many tips for developing your project or conducting a potential internal audit.
DTU
The DTU constitutes the set of technical clauses contractually applicable to building work contracts, created by the General Commission for Building Standardization.
The DTU allows the project owner and the project manager to refer to standardized products or construction processes that adhere to best practices. In case of disputes, insurance companies and courts refer to it.
For example, in the case of water damage or a bar arrangement, insurance companies or courts can check whether the implementation during the work is in compliance with the waterproofing DTU NF DTU 46.3 - March 2007 Waterproofing of interior masonry floors with hydrocarbon products.
The DTU is not the only reference document for implementation. During a contract, the contractor (project owner or the project owner's assistant) can request specific technical provisions as replacements or supplements.
The DTU booklets are available for purchase from the public institution serving innovation in building, the Scientific and Technical Center for Building (CSTB).
Other Ordinances, Regulations, and Decrees Related to the Construction Trades of Beverage Establishments
The project must comply with all the regulations in force in the country of the project. Below is a limited selection of the regulations in force in France and Europe:
The equipment must be C.E. approved.
Decree 73-138 of February 12, 1973, and the order of October 27, 1975, amended by the order of December 21.
Order of June 26, 1974, regulating the hygiene conditions related to the preparation, preservation, distribution, and sale of pre-cooked dishes. (J.O. of 07/06/74).
Regulation (EC) No 178/2002 of the European Parliament and of the Council of January 28, 2002, laying down the general principles and requirements of food law, establishing the European Food Safety Authority, and laying down procedures in matters of food safety.
Order of September 8, 1999, for the application of Article 11 of Decree No 73-138 of February 12, 1973, as amended concerning the application of the law of August 1, 1905, on fraud and falsifications regarding the processes and products used for cleaning materials and objects intended to come into contact with foodstuffs, products, and beverages for human and animal consumption.
REGULATION (EC) No 853/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 29, 2004, laying down specific hygiene rules for foodstuffs of animal origin.
REGULATION (EC) No 852/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 29, 2004, on the hygiene of foodstuffs.
REGULATION (EC) No 854/2004 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 29, 2004, laying down specific rules for the organization of official controls on products of animal origin intended for human consumption.
NF - Food Hygiene.
Standards N.D.F. 32275 - Large kitchen appliances using gas fuels approved by Orders of OCTOBER 18, 1976.
Departmental health regulation on hygiene and safety in the kitchen.
Guide No. 5542 of GPEM/DA (published in the first quarter of 2002) for the study, programming, design, realization, and equipment of collective catering premises.
Brochure No. 1331 encompassing Laws, Decrees, Orders, and Circulars relating to steam pressure appliances.
Brochure No. 1332 encompassing Laws, Decrees, Orders, Circulars, and instructions relating to gas pressure appliances.
Brochure No. 1227 (J.O.) concerning materials in contact with food, products used for cleaning, materials, and objects made of stainless steel in contact with foodstuffs.
P.H.S. of the operation and presentation of fire permits, if applicable.
All materials used must be covered by the S.T.A.C., have approval, and be implemented according to the prescriptions of the technical opinion of the C.S.T.B.
