429th Ordinance of the Federal Minister for labour, Social Affairs and consumer protection, the limit value regulation 2007 modifies the
On the basis of sections 40 to 43, 45 to 47 and 48 para 1 Nos. 3 and 4 of the ArbeitnehmerInnenschutzgesetzes (after), Federal Law Gazette No. 450/1994, as last amended by Federal Law Gazette I no. 51/2011, is prescribed:
The limit value regulation 2007 - GKV 2007, Federal Law Gazette II No. 253/2001, as last amended by regulation Federal Law Gazette II No. 243/2007, is amended as follows:
1. the title of that regulation reads: "regulation of the Federal Minister for labour, Social Affairs and consumer protection relating to limit values for substances, as well as carcinogenic and toxic to reproduction (reprotoxic) agents (limit regulation 2011 - GKV 2011)" 2. Is the table of contents to the 2nd section and the § § 10 and 10a:
2 section: Carcinogenic and toxic to reproduction (reprotoxic) agents
§ 10 classification and classification of carcinogenic substances.
Article 10a. Classification and Division of reproductive toxicity (toxic for reproduction) substances".
3. the table of contents to sections 15, 16 and 16a is: "§ 15 air recirculation, § 16 wood dust: air recirculation and TRK value, section 16a." "Wood dust: required for extraction".
4. in the table of contents for the entries relating to articles 19 and 20.
5. in the table of contents, the entries are to the annexes I, III, V, and VI after the entry relating to section 34 completed and are:
Annex I/2011: list of substances (MAK and TRK values),
Annex III/2011: List of carcinogenic agents,
"Annex V / 2011: list of Woods, whose dust as clearly carcinogenic apply Annex VI/2011: FORTPFLANZUNGSGEFÄHRDENDER (REPRODUKTIONSTOXISCHER) list of substances".
6 § 1 the following paragraph 6 is added: "(6)"suction equipment"within the meaning of this regulation are dust collectors, industrial vacuum cleaners, vacuum sweepers and equipment with integrated extraction."
7. in article 4, paragraph 1 is the No. 2; the "2" numeral designation receives the Z 3
is: "2. when the limit value as a" short time value "is specified, is considered as the assessment period a) a period of 15 minutes or b) in annex I (column 10) for a specific agent another period is set, this period."
8. in article 6, paragraph 6, the term is "§ 6 GKV 2003"
by the designation "1-4"
9. in article 9, para 6 to 8 get the paragraph titles (7) to (9); According to paragraph 5, the following paragraph 6 is inserted:
"" (6) in annex I (column 4) toxic to reproduction (reprotoxic) agents (annex VI) are marked, 1 with "F" if they can compromise fertility 2. "f" labeled with, if they can probably compromise fertility, with 3 "D" mark if they can cause harm to the child in the mother's womb, 4 "d" marked, if they can probably damage the child in the mother's womb, marked 5 with "L" ", if they can cause harm to infants through breast milk."
10 the bracket expression (column 4) is in section 9, paragraph 7 (new)
by the parenthetical expression (column 5)
11. According to section 9, paragraph 9 (new) the following paragraph 10 is added: "(10) for agents that are in the air as particulate matter as well as partially as steam, the limit refers to the total concentration of the substance as suspended matter and steam." The limits for cooling lubricants remain unaffected."
12. in the heading to the 2nd section, the phrase "and toxic to reproduction (reprotoxic)" is inserted after the word "Carcinogens".
13. in the heading to section 10, the phrase is inserted after the phrase "Classification and Division" "of carcinogenic agents"; Article 10, paragraph 1 reads:
"(1) as carcinogenic in the sense of the 4th section of the after anyway, agents, which are called 1 in annex III (list of carcinogenic agents) or annex V (list of Woods, whose Stäube carcinogens are considered unique) or 2 according to the provisions of the chemicals Act apply 1996, Regulation (EC) no 1272/2008 on classification, labelling and packaging of substances and mixtures, OJ" No. L 353, p. 1, as amended by the amending OJ Classified No. L 16 of the 20.01.2011 S. 1, or the Pesticides Act 2011 as carcinogenic or label are."
14. after article 10, the following article 10a and heading is inserted:
"Classification and classification of reproductive toxicity (toxic for reproduction) substances
Article 10a. (1) as toxic to reproduction (reprotoxic) agents within the meaning of the 4th section of the after anyway, agents who called VI (toxic to reproduction (reprotoxic) agents) are in annex 1 or 2 according to the provisions of the chemicals Act apply Regulation (EC) 1996, no. 1272/2008 on classification, labelling and packaging of substances and mixtures, OJ No. L 353, p. 1, as amended by the amending OJ To classify No. L 16 of the 20.01.2011 S. 1, or the Pesticides Act 2011 as reprotoxic substances and label are.
"(2) Fortpflanzungsgefährdende substances are divided into: 1 can impair the fertility, 2. can probably compromise fertility, 3. can harm the baby in the mother's womb, 4 can probably harm the child in the mother's womb, 5th may cause harm to infants through breast milk."
15 paragraph 14 paragraph 2:
"(2) employers must ensure that personal protective equipment be checked and cleaned after each use before each use, if necessary."
16 paragraph 15 together with the heading:
Section 15 (1) when using clearly carcinogenic substances (gases, vapours, particulates) is prohibited in rooms the recirculation of exhaust air of air conditioning, ventilation or exhaust installations (extractors or suction devices), even if it is cleaned (prohibition of circulating air).
(2) for air conditioning and ventilation systems the air return when you use clearly carcinogenic particulate is allowed, but in the case of heat recovery during the heating season if the contaminated air not in previously uncontaminated areas, and following: 1 either it is through a technical dust test demonstrated that the concentration of carcinogenic Schwebstoffes in the recirculated air is less than one-twentieth of the TRK-value , or 2. meet the air conditioning or ventilation system proven to following requirements: a) the proportion of recirculated air on the air may maximum 50%, where a supply air flow once the room volume (m3) per hour to take is in the calculation of the required air change for natural ventilation, b) the concentration of carcinogenic Schwebstoffes in the recirculated air must not exceed one-tenth of the TRK-value and c) the entire dust loading in the recirculated air must not exceed a total of 1 mg / m3.
(3) for extraction and extraction equipment, the air return when you use clearly carcinogenic particulates is allowed if the conditions are fulfilled pursuant to par. 2 Z 1 or 2. By way of derogation from para 2 Nos. 1 and 2 can be used industrial vacuum cleaners for the purpose of cleaning or extraction of woodworking machines in accordance with article 16a, paragraph 5, if the concentration of the Schwebstoffes in the recirculated air does not exceed one-tenth of the TRK-value."
17 paragraph 16 together with the headline: "wood dust: air recirculation and TRK value of section 16 (1), section 15 applies to all wood dusts."
(2) if the determination and assessment of risks, at a workplace due to using one of the woodworking machines listed in paragraph 3 the limit not can to adhere ³ 2 mg / m, the following applies: 1. There are all technically and 2. employers must ensure organizationally possible measures to exploit, as little as possible exceeds this threshold in a particular case, , that workers wear respiratory protection and 3. by way of derogation from article 3, paragraph 1 a TRK-value of 5 mg / m is in this workplace ³.
(3) paragraph 2 shall apply for using the woodworking machinery: 1 Doppelabkürzkreissägemaschinen, insofar as they have no release facility, 2. table saw machine tape, 3. table top machines in industrial enterprises (as far as not spiral groove cutter can be used), 4th copy milling machines, as far as they can not be encapsulated 5 Lathes (in Turners operated), 6 grinding and buffing blocks, 7 Rod grinders, 8 polishing machines for parquet and 9 hand grinding machines, if not suction machine and grinding table.
(4) at the request of the worker is them personal protective equipment (respiratory protection, goggles) to provide in compliance with the TRK value of 2 mg / m."
18. According to section 16 the following section 16a and heading is inserted: ' wood dust: obligation to the extraction section 16a. "
(1) woodworking machinery cutting must be extracted if a recording is possible due to the work process and a device for the acquisition is available after the State of the art.
(2) the following hand-guided machinery must be extracted with an aspirator or a dust Extractor with dust collecting device in the enclosure: 1 circular saw, 2nd hand Planer, 3rd hand upper milling, if a facility to capture the State of the art is available, 4 flat plugs milling machines/fin dowel machines, 5. grinding machines.
(3) in the case of work with hand-held grinding machines, an additional suction must be from 1 January 2015, going beyond the extraction of unit referred to in paragraph 2, by using: 1. a suitable work table for grinding with integrated extraction (grinding table) or 2 an other suitable dust collection (E.g. wall or cabin extraction).
(4) by way of derogation from paragraph 2 Z 5 and paragraph 3 may be used hand-held grinding machines with integrated extraction with gehäuselosem dust bag maximum one hour per shift.
(5) of paragraph 1, 2 and 3 may be derogated from if below the limit arises from the identification and assessment of risks, because woodworking 1 with low emissions are used by a barem breathing wood dust as: a) drill presses when using twist drills, b) Knothole milling machines, c) chain mortising machines, d) machines with low cutting in Assembly operations, e) saw - and chip plants in the fresh wood in sawmills , if the chips via Vibrorinnen (Shaker) or suction, f) (encapsulated) spreading machines for the production of chipboard and g) joinery machines (encapsulated).
2. outdoors, in halls with sufficient air passage, weatherproof roofs or on installation site with, for example, following machines: a) portable circular saws, b) installing circular saws, c) carpentry hand machines for joinery, d) chainsaws and e) joinery machines.
3. with a small cutting performance such as: a) veneer circular saw, b) long hole, dowel and series drills.
"(4. mit geringen Maschinenlaufzeiten (bis zu einer Stunde pro Schicht) such as: a) boom - and Gehrungskappkreissägemaschinen, b) table saws."
19. in article 17, paragraph 1; eliminates the para 2 to 8 receive the sales designations (1) to (7).
20 paragraph 17 paragraph 1 (new):
"(1) when using of wood dust for extractors, the following applies: 1. deposits must in a silo or bunkers or in dust collection facilities be made."
2. dust collection facilities must be installed outdoors or in a room separate from the working area at least fire retardant.
3. the filters must be housed outdoors or in a room separate from the working area at least fire retardant, where this can be also the room after no. 2.
4. all parts of the entry points to the deposit of dust, must be designed so that amounts of dust, which occur during the operation, foreseeable errors or the cleaning in workplaces, maintained according to as low as possible the State of the art.
5. the possibility to switch on suction must be given in filter systems in accordance with no. 3."
21. in article 17, paragraph 2 (new) replaces the reference to "Paragraph 2" by the term "Paragraph 1" and is the Z 2: "2. filters and dust collection facilities must have a suitable housing."
22. in article 17, paragraph 3 (new) the bracket expression (vacuum facilities) is inserted after the word "Aspirators" and 2 the following sentence is added in Z:
"For edge banding machines, this value is at least 12 m/s."
23. in article 17, paragraph 4 (new), the designation "par. 4 No. 2" is replaced by the designation "para 3 No. 2".
24 the word "Measurement" replaced by the word "Measurement" is in § 17 paragraph 6 (new).
25. in section 18 para 2 first sentence is inserted "dry" after the word "Dust" the parenthetical expression (E.g. of workpieces, clothing) and after the word "or" the word.
26 § 19 together with heading and section 20 and heading are eliminated.
27 paragraph 28 paragraph 5:
"(5) by way of derogation from paragraph 1 limit comparison measurements are not required, if through an assessment after the State of the art taking into account comparative data (in particular operating instructions, information by Hersteller/innen or in traffic bringerinnen, be accounting procedures, as well as measuring results of comparable jobs) representative for the respective jobs demonstrated is that values are below the applicable thresholds."
28 paragraph 29 paragraph 4:
(4) control measurements "shall at least once during the calendar year, however at the latest in the space of 15 months, if 1 the results of limit comparison measurements in the range of half to simple limit as the daily average value, or 2. assessment according to § 28 para 5 only a undershooting, but not the specific amount of work concentration can be demonstrated."
29. in article 31, paragraph 2 the words "and reviews according to § 28 para 5" inserted in the first sentence after the word "limit comparison measurements".
30. in § 31 para 2, the phrase "or review" be inserted after the phrase "relevant measurement" in the second set and eliminates the phrase "measurements" after the word "Implementation".
31 paragraph 31 para 3:
"(3) measurements and assessments must be documented (§ 5 after), that representativeness, scope and results of measurements and evaluations are clear and understandable."
32. According to § 31 para 3, the following paragraph 4 is added:
"(4) where reference is made in this section on limits, the relevant provisions also apply to assessment indices within the meaning of § 7."
33. paragraph 32 section 1:
"(1) vacuum or mechanical ventilation systems for the removal of hazardous substances may be commissioned only then, when their first time before their effectiveness relative to the expected exposure in the workplace by a representative measurement of suction or ventilation performance."
34. in § 32 para 2 to 4 receive the sales names (3)
; 2 the following paragraph is inserted after paragraph 1:
"(2) suction or mechanical ventilation or suction devices for the removal of hazardous substances are at least once in a calendar year, however at the latest in the space of 15 months, to check on their proper condition."
35. According to article 32, paragraph 5 (new) the following paragraph 6 is added: "(6) paragraph 1 and paragraph 5 shall not apply for industrial vacuum cleaners that are used only for the cleaning."
36. in article 33 para 1, 2 and 4; accounts for para 3 receives the paragraph called "(1)" and referred to in paragraph 1 (new) following para. 2 and 3 append: "(2) for exhaust plants already approved January 1, 2012, dust extractors and equipment with integrated extraction may be used until 1 January 2020, even if it the conditions of § 15 para 3 first sentence iVm § 15 para 2 subpara 1 do not meet." As far as it is but to clean air systems (vacuum systems), dust extractors and equipment with integrated extraction, the concentration of wood dust in the recirculated air must not exceed one-tenth of the TRK-value.
(3) prior to extraction systems already approved January 1, 2012 may be used until 1 January 2020, even if they do not meet the conditions of section 17 para 1 Nos. 2, 3 and 5."
37. According to § 34 paragraph 11 12 the following paragraph is added:
"(12) by 1 January 2015, § 16 ABS. 3 pedal Z 9 override."
38. the annex I/2007 (list of substances) is replaced by the annex I/2011 (list of substances).
39. the annex III/2003 (list of carcinogenic agents) is replaced by the annex III/2011 (list of carcinogenic agents).
40. the annex IV/2003 (machine list wood dust) is eliminated.
41. the heading to annex V: "annex V/2011
"LIST OF WOODS, WHOSE DUST AS CLEARLY CARCINOGENIC APPLY".
42. in annex V, "Woods" is inserted in the bracket expression after the title (new) before the word "under" the word.
43. in annex V is the phrase "hardwoods are in particular:" deleted.
44. pursuant to annex V annex VI/2011 will (FORTPFLANZUNGSGEFÄHRDENDER (REPRODUKTIONSTOXISCHER) list of agents) attached.