429. Regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection, with which the 2007 Regulation on limits will be amended

On the basis of § § 40 to 43, 45 to 47 and 48 (1) Z 3 and 4 of the Employees ' Protection Act (ASchG), BGBl. N ° 450/1994, as last amended by the Federal Law BGBl. I No 51/2011, shall be assigned:

The German Border Value Regulation 2007-GKV 2007, BGBl. II No 253/2001, as last amended by the BGBl Regulation. (II) No 243/2007, shall be amended as follows:

1. The title of the Regulation is:

"Regulation of the Federal Minister for Labour, Social Affairs and Consumer Protection on limit values for working materials as well as on carcinogenic and reproductive (reproductionstoxic) working materials (limit value regulation 2011-GKV 2011)"

2. The table of contents to the second section and to § § 10 and 10a reads as follows:

" Section 2: carcinogenic and toxic (reproductionstoxic) working materials ,

§ 10. Classification and subdivision of carcinogenic agents,

§ 10a. Classification and subdivision of reproductive toxicity (reproductive toxicity) ".

3. The table of contents to § § 15, 16 and 16a reads:

" § 15. Air recirculation,

§ 16. Wood dust: air recirculation and TRK value,

§ 16a. Wood dust: duty of suction ".

4. In the table of contents the entries relating to § § 19 and 20 are deleted.

In the table of contents, the entries relating to Annexes I, III, V and VI shall be supplemented after the entry relating to § 34 and shall read:

" Annex I/2011: SUBSTANCES list (MAK values and TRK values),

Annex III/2011: LIST OF CARCINOGENIC AGENTS,

Annex V/2011: LIST OF WOODS WHOSE DUSTS ARE CONSIDERED TO BE CLEARLY CARCINOGENIC,

Annex VI/2011: LIST OF TOXIC SUBSTANCES FOR REPRODUCTION (REPRODUCTIONSTOXIC) "

6. The following paragraph 6 is added to § 1:

"(6)" suction devices "within the meaning of this Regulation shall be dust extractors, industrial vacuum cleaners, sweeping machines and working equipment with integrated suction."

7. In § 4 (1), the Z 2 is deleted; the Z 3 is replaced by the number designation "2" and is:

" 2.		If the limit is specified as the "short-term value", the assessment period
a)			a period of 15 minutes, or
b)			where Annex I (column 10) provides for a different period of time for a given working substance, this period. "

8. In Section 6 (6), the name shall be: "§ 6 GKV 2003" by the name " 1 to 4 " replaced.

9. In § 9, paragraphs 6 to 8 are awarded the sales names "(7)" to "(9)" ; in accordance with paragraph 5, the following paragraph 6 is inserted :

" (6) In Annex I (column 4) reproductive toxicity (reproductive toxicity) (Annex VI)

1.		marked with "F" if they can affect fertility,
2.		marked with "f" if they are likely to affect fertility,
3.		marked with "D" if they can damage the child in the womb,
4.		marked with "d" if they are likely to be able to damage the child in the womb,
5.		marked with "L" if they can damage infants over breast milk. "

10. In § 9, para. 7 (new), the parenthesis shall be "(column 4)" by the parenthesis expression "(column 5)" replaced.

11. In accordance with § 9 (9) (new), the following paragraph 10 is added:

" (10) In the case of working materials which are present in the air both as a woven material and in part as vapour, the limit value refers to the total concentration of the substance as a material of the material and as steam. The limit values for cooling lubricants remain unaffected. "

12. In the heading to the second section, after the word " Carcinogens " the phrase " and reproductive toxic (reproductionstoxic) " inserted.

13. In the heading to § 10, after the word order " Classification and subdivision " the phrase " of carcinogenic agents " inserted; Section 10 (1) reads as follows:

" (1) As carcinogenic in the sense of the 4. In any case, the section of the ASchG shall apply to working materials which

1.		listed in Annex III (list of carcinogenic agents) or Annex V (list of wood whose dusts are considered to be clearly carcinogenic), or
2.		in accordance with the provisions of the Chemicals Act 1996, Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, OJ L 327, 31.12.2008, p. No. 1., as amended by the corrigendum OJ L 353, 31.12.2002, p. No. 1, or of the Plant Protection Products Act 2011 as carcinogens or to be marked. "

14. In accordance with § 10, the following § 10a and title shall be inserted:

" Classification and subdivision of reproductive toxicity (reproductionstoxic)

§ 10a. (1) As a toxic (reproductionstoxic) working substance in the sense of the fourth. In any case, the section of the ASchG shall apply to working materials which

1.		referred to in Annex VI (reproductive toxicity), or
2.		in accordance with the provisions of the Chemicals Act 1996, Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, OJ L 327, 31.12.2008, p. No. 1., as amended by the corrigendum OJ L 353, 31.12.2002, p. No. 1, or of the Plant Protection Products Act 2011 as substances toxic to reproduction, are to be classified and labelled.

(2) Substances hazardous to reproduction are divided into:

1.		may affect fertility,
2.		can presumably affect fertility,
3.		can damage the child in the womb,
4.		can probably damage the child in the womb,
5.		can damage infants over breast milk. "

15. § 14 (2) reads:

"(2) Employers must ensure that personal protective equipment is checked and cleaned after each use, if necessary prior to any use."

16. § 15 together with the title is:

" Air return

§ 15. (1) In the case of the use of clearly carcinogenic agents (gases, vapours, harmful substances), the recirculation of the exhaust air from air-conditioning systems, ventilation systems or suction devices (suction systems or suction devices), even if this is cleaned, is also used. prohibited in rooms (prohibition of circulating air).

(2) For air-conditioning and ventilation systems, however, the recycling of air is permitted in the case of heat recovery during the heating period, if clearly carcinogenic particles are used, provided that the contaminated air does not have to be subjected to previously unpolluted air. The following requirements are met:

1.		Either it is proved by a dust-technical test that the concentration of the carcinogenic particulate matter in the recirculated air is less than one twentieth of the TRK value, or
2.		The air-conditioning or ventilation system has been shown to meet the following requirements:
a)			the proportion of recirculated air at the supply air may not exceed 50%, and in the calculation of the necessary air change for natural ventilation, a flow of air from once to the volume of space (m 3 ) per hour,
b)			the concentration of the carcinogenic material in the recirculated air must not exceed one tenth of the TRK value; and
c)			the total dust load in the recirculated air may be 1 mg/m 3 do not exceed.

(3) For suction systems and suction devices, the air recirculation is permitted when using clearly carcinogenic particles if the requirements of paragraph 2 (2) (1) or (2) are met. By way of derogation from paragraph 2 (2) (1) and (2), industrial vacuum cleaners may be used for the purpose of cleaning or extraction of woodworking machines in accordance with Article 16a (5), if the concentration of the material in the recycled air is a tenth of a tenth of the total amount of the waste material. of the TRK value. "

17. § 16 together with the title is:

" Wood dust: air recirculation and TRK value

§ 16. (1) § 15 applies to all wood dusts.

(2) Where the determination and assessment of the risks involved in the use of one of the woodworking machines referred to in paragraph 3 above, the limit of 2 mg/m³ cannot be complied with at one workplace, the following shall apply:

1.		All possible technical and organisational measures must be taken to ensure that the limit value is exceeded in individual cases as little as possible,
2.		Employers need to ensure that workers wear respiratory protection and
3.		by way of derogation from § 3 (1), a TRK value of 5 mg/m³ shall apply at this workplace.

(3) Paragraph 2 shall apply where the following woodworking machines are used:

1.		double-cut circular sawing machines, provided that they do not have a withdrawal device,
2.		Table-band sawing machines,
3.		Table top milling machines in industrial plants (as far as no spiral-shaped groove milling cutters can be used),
4.		Copy milling machines, in so far as they cannot be encapsulated,
5.		Drechselbänke (operated in Drechslereien),
6.		Sanding and swath buckles,
7.		Round-rod grinding machines,
8.		Parquet grinding machines and
9.		Hand grinding machines, unless suction is carried out by machine and grinding table.

(4) At the request of the employees, personal protective equipment (respiratory protection, safety goggles) shall be made available to them, even if the TRK value of 2 mg/m³ is complied with. "

18. In accordance with § 16, the following § 16a and title shall be inserted:

" Wood dust: mandatory for extraction

§ 16a. (1) Spank-lifting woodworking machines must be sucked off, provided that a detection is possible on the basis of the working method and a device for detection is available according to the state of the art.

(2) The following hand-held woodworking machines must be sucked off in the housing by means of a suction device or a suction device with dust collection device:

1.		hand circular saws,
2.		Hand-held hoist machines,
3.		Hand-held milling machines, provided that a device for recording according to the state of the art is available,
4.		Flat dowel milling machines/Lamellendübelmilling machines,
5.		Grinding machines.

(3) In the case of work with hand-held grinding machines, an additional suction must be carried out from 1 January 2015 onwards, beyond the suction of the equipment in accordance with paragraph 2 above, by use:

1.		a suitable work table for grinding work with integrated suction (sanding table) or
2.		another suitable dust collection (e.g. wall or cabin suction).

(4) By way of derogation from Section 2 (5) and (3), hand-held grinding machines with integrated suction with a dust bag containing housing may be used for a maximum of one hour per working layer.

(5) Paragraph 1, (2) and (3) may be dismissed if the determination and assessment of the hazards result in an underwrite of the limit value, because woodworking machines are used

1.		with low emission of breathable wood dust such as:
a)			Stand drilling machines when using spiral drills,
b)			Asthole milling machines,
c)			Chainstroke machines,
d)			Machines with low machining during assembly work,
e)			Saw and Spaniard systems in the fresh wood sector in saw mills, when the chips are fed via vibrators (vibrators) or via suction,
f)			Sprinkling machines (encapsulated) for chipboard production and
g)			Unbundling systems (encapsulated).
2.		in the open air, in halls with a sufficient air passage, under weather protection roofs or on assembly stations with, for example, the following machines:
a)			transportable circular sawing machines,
b)			Assembly circular sawing machines,
c)			Carpentry machines for waistband,
d)			Motor chain saws and
e)			Unbundled systems.
3.		with a low cutting capacity such as:
a)			Veneer circular saws,
b)			Long-hole, dowel and series drilling machines.
4.		with low machine running times (up to one hour per shift) such as:
a)			Boom and mitre box circular sawing machines,
b)			Table band sawing machines. "

19. In § 17, paragraph 1 is deleted; paragraphs 2 to 8 are given the sales names "(1)" to "(7)" .

20. § 17 (1) (new) reads:

" (1) In the case of the use of wood dust, the following shall apply to suction systems:

1.		The deposits must be carried out in a silo or bunker or in dust collection devices.
2.		Dust collection devices must be accommodated outdoors or in a room which is at least fire-retarding from the working space.
3.		The filter installations must be accommodated in the open or in a space which is separate from the working space at least in a fire-retardant manner, this also being able to be the space after Z 2.
4.		All parts, from the detection points to the storage of the dust, shall be designed in such a way as to ensure that the quantities of dust discharged during operation, in the event of foreseeable disturbances or during cleaning, are correspondingly low in the state of the art as possible.
5.		The possibility of switching over to exhaust air operation must be given in filter systems according to Z 3. "

21. In § 17 para. 2 (new) the reference " 2 " by the name " 1 " is replaced and is the Z 2:

" 2.		Filter systems and dust collection devices must have a suitable housing. "

22. In Section 17 (3) (new), after the word "suction devices" the parenthesis expression "(suction devices)" inserted and the following sentence shall be added in Z 2:

"In the case of edge banding machines, this value is at least 12 m/s."

23. In § 17 (4) (new) the name shall be " 4 Z 2 " by the name " Paragraph 3 Z 2 " replaced.

24. In § 17 (6) (new) the word "Control Measurement" by the word "Measurement" replaced.

25. In § 18 (2), first sentence, after the word "Wood dust" the parenthesis expression "(zB of workpieces, clothing)" and n oh the word "or" the word "dry" inserted.

26. § 19 together with the title and § 20, together with the title, are deleted.

27. § 28 (5) reads:

" (5) By way of derogation from paragraph 1, limit value comparison measurements are not required if, by means of an evaluation according to the state of the art, taking into account comparison data (in particular operating instructions, information from manufacturers or The Commission has shown that it is necessary to demonstrate that the applicable limit values are not exceeded by the placing on the market, the calculation methods and the results of comparable work stations. "

28. § 29 (4) reads:

" (4) Control measurements shall be carried out at least once in the calendar year, but at least 15 months at the latest, if:

1.		the results of the limit value comparison measurement are in the range of half to a simple limit value as the daily average value, or
2.		by the evaluation according to § 28 (5) only a limit value underwriting, but not the concrete level of the working substance concentration can be proven. "

29. In § 31 (2), in the first sentence, after the word "Limit Value Comparison Measurements" the words "and Reviews according to § 28 (5)" inserted.

30. In § 31 (2), in the second sentence after the word order "measurement in question" the phrase "or Evaluation" inserted and deleted after the word "Implementation" the phrase "the measurements" .

31. § 31 (3) reads:

"(3) Measurements and evaluations shall be documented in such a way (§ 5 of the ASchG) that the representativeness, scope and results of the measurements and assessments shall be clear and comprehensible."

32. In accordance with § 31 (3), the following paragraph 4 is added:

"(4) Where reference is made to limit values in this section, the relevant provisions shall also apply to valuation indices within the meaning of § 7."

33. § 32 (1) reads:

" (1) Suction or mechanical ventilation systems for the removal of hazardous substances may be put into service only if their efficacy, based on the exposure to be expected, before they are first put into service on the first day of operation is Workplace by means of a representative measurement of the suction and/or Ventilation performance has been proven. "

34. In § 32, paragraphs 2 to 4 receive the sales designations "(3)" to "(5)" ; in accordance with paragraph 1, the following paragraph 2 is inserted:

"(2) Suction or mechanical ventilation systems or suction devices for the discharge of hazardous substances shall be checked for their proper condition at least once in the calendar year, but at the latest at 15 months ' distance."

35. In accordance with § 32 (5) (new), the following paragraph 6 is added:

"(6) (1) to (5) does not apply to industrial vacuum cleaners which are used only for cleaning."

36. § 33 (1), (2) and (4) shall be deleted; the third paragraph shall be replaced by the sales designation "(1)" and in accordance with paragraph 1 (new), the following paragraphs 2 and 3 are added:

" (2) Suction systems already approved before 1 January 2012, dust extractor and work equipment with integrated suction may be used until 1 January 2020, even if they do not meet the conditions of § 15 para. 3 first sentence iVm § 15 Abs. 2 Z 1 . However, to the extent that they are clean air systems (vacuum systems), dust extractor and working medium with integrated suction, the concentration of the wood dust in the returned air must not exceed one tenth of the TRK value.

(3) Suction facilities already approved before 1 January 2012 shall be allowed to continue to be used until 1 January 2020, even if they do not meet the conditions set out in Article 17 (1) Z 2, 3 and 5. "

37. In accordance with section 34 (11), the following paragraph 12 is added:

"(12) With 1 January 2015, Section 16 (3) Z 9 shall not enter into force."

38. Annex I/2007 (SUBSTANCE LIST) is replaced by Annex I/2011 (STOFFLISTE).

39. Annex III/2003 (LIST OF CARCINOGENIC AGENTS) is replaced by Annex III/2011 (LIST OF CARCINOGENIC AGENTS).

40. Annex IV/2003 (MACHINERY LISTS WOOD DUST) is deleted.

41. The heading to Annex V is:

" Annex V/2011

LIST OF WOOD DUSTS WHOSE DUSTS ARE CONSIDERED TO BE CLEARLY CARCINOGENIC ".

42. In Annex V, in the parenthesic expression after the heading (new) before the word "according to" the word "Hölzer" inserted.

43. In Annex V, the word sequence shall be: "Harthölzers are in particular:" is deleted.

44. Annex V to Annex V, VI/2011 (LIST OF TOXIC REPRODUCTIVE TOXICANS) WORKING MATERIALS).

Hundstorfer