New refrigerant fluids: what risks and responsibilities for cold companies?

A transformation of technical risks

Regulatory transition is pushing the sector to abandon hydrofluorocarbons (HFCs) in favor of low global warming potential fluids. These alternatives, whether natural or next-generation, present a risk profile significantly different from that of the fluids used so far.

Less polluting fluids, but sometimes more dangerous.

The new regulation is pushing for the replacement of HFCs with so-called "natural" refrigerants.

But none of these fluids is perfect.

1. Propane offers good thermodynamic properties but presents risks related to its flammability.
2. Ammonia, used in industrial refrigeration, is known for its toxicity.
3. As for CO2, advantageous in terms of the environment, its use raises the problem of high operating pressures.

According to the INRS* Natural refrigerants such as ammonia, propane or butane should be considered with great caution due to the technical risks associated with them: flammability, explosiveness and toxicity, which could lead to major industrial accidents.and can cause irritation of the respiratory tract, neurological disorders, and even organic damage if inhaled or in prolonged contact. Some can also displace oxygen in the air and cause asphyxiation.

An environmental risk that is always central

The F-Gas III now requires a leak test for installations with more than 1 kilogram of HFO fluid, and an obligation to install a leak detection system for equipment containing 100 kg or more of HFO. *

Any leak not detected in time can engage the company's responsibility in terms of environmental impact, but also in terms of the safety of the people present on the site.

 Institut National de Recherche et de Sécurité - (National Institute for Research and Safety) Risk assessment related to natural refrigerants [online]. 
GASCO - Gas Company F-Gas Regulation 2024 [online].

The extension of professional obligations

Enhanced duty of information and advice

Installing R-410A in 2025 will create future warranty problems, make maintenance uncertain, and provide poor advice to the customer.

This observation from SNEFCCA illustrates a legal reality: the refrigeration professional is required to inform their client of the risks associated with technical choices made. In the event of a disaster on an installation using a fluid whose future availability is uncertain, liability for failure to provide advice could be incurred.

Strengthening security obligations and responsibility towards third parties

Companies that do not comply with the new F-Gas obligations are subject to sanctions, including usage bans, financial fines, and decommissioning of non-compliant equipment.

Beyond administrative sanctions, the risks of accidents related to the physical properties of new fluids, fire, explosion, intoxication, can engage the civil liability of the company towards employees, customers or any person present in the premises where the installations are operated.

The evolution of insurance risks

Adaptation of liability contracts

The technical evolution of the sector has direct consequences on insurance guarantees.

A professional liability insurance contract taken out a few years ago was calibrated based on traditional fluorinated fluids.

The use of flammable or toxic fluids changes the level and nature of the risks covered. It is therefore essential to verify that activities related to the new fluids are included in the scope of coverage, especially for bodily and material damages caused to third parties.

Verification of other insurance contracts

The reflection should not be limited to Professional Liability Insurance.

Property damage contracts, equipment warranties, and environmental coverage also deserve to be reviewed. A natural fluid leak causing environmental damage or bodily injury can involve multiple lines of contracts at once. It is precisely in these situations that the support of a specialized insurer makes all the difference.

For over 20 years, Assurfroid has been supporting companies in the cold industry in managing their risks. As a leader in insurance in this sector, Assurfroid has over 580 clients in France and the French overseas territories. Its dedicated team, both in underwriting and claims management, masters the technical and regulatory specificities of the profession. This expertise results in tailor-made solutions, built to meet the realities of the field, whether it is an installing SME or an industrial operator.