Regulation on safety and health at construction sites

Original Language Title: Verordnung über Sicherheit und Gesundheitsschutz auf Baustellen

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Regulation on safety and health protection on construction sites (Baustellenverordnung-BaustellV)

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BaustellV

Date of completion: 10.06.1998

Full quote:

" Baustellenverordnung vom 10. Juni 1998 (BGBl. 1283), as set out in Article 15 of the Regulation of 23 December 2004 (BGBl I). 3758).

Status: Amended by Art. 15 V v. 23.12.2004 I 3758

For more details, please refer to the menu under Notes

This Regulation shall be used in conjunction with the Labour Protection Act
the implementation of Council Directive 92 /57/EEC of the
24 June 1992 on the temporary or temporary
Minimum requirements to be applied to site-changing construction sites
for safety and health protection (Achte
Individual Directive within the meaning of Article 16 (1) of the
Directive 89 /391/EEC) EC No L 245 p. 6).

Footnote

(+ + + Text evidence from: 1.7.1998 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
EWGRL 57/92 (CELEX Nr: 392L0057) + + +)

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Input formula

On the basis of § 19 of the German Occupation Act of 7 August 1996 (BGBl. I p. 1246), the Federal Government is responsible for: Unofficial table of contents

§ 1 Objectives, terms

(1) This Regulation serves to substantially improve the safety and health protection of employees on construction sites. (2) The Regulation does not apply to activities and facilities within the meaning of Section 2 of the Federal Mining Act. (3) Construction site in the sense of this Regulation shall be the place where a construction project is carried out. A construction project is the project to set up, modify or cancel one or more construction plants. Unofficial table of contents

§ 2 Planning of execution of the construction project

(1) In the planning of the execution of a construction project, in particular in the division of the work carried out simultaneously or in succession, and in the design of the execution times for these works, the general principles shall be: (2) For each construction site where:
1.
the estimated duration of the work is more than 30 working days and on which more than 20 employees are employed simultaneously, or
2.
the scale of the work is likely to exceed 500 days,
the competent authority shall forward to the competent authority no later than two weeks prior to the establishment of the construction site a notice of notice containing at least the information referred to in Annex I. The advance notice shall be displayed visibly at the construction site and adjusted in the event of significant changes. (3) A notice shall be submitted for a construction site on which employees of several employers are employed, or shall be provided on a A construction site on which employees of several employers are employed, particularly dangerous work carried out in accordance with Annex II, shall ensure that a safety and health protection plan is drawn up before the construction site is set up. The plan shall identify the occupational safety provisions applicable to the construction site concerned and shall include specific measures for the particularly dangerous work referred to in Annex II. Where necessary, operational activities on the premises shall be taken into account when the plan is drawn up. Unofficial table of contents

§ 3 Coordination

(1) For construction sites on which employees of several employers are employed, one or more suitable coordinators shall be ordered. The client or the third party appointed by him in accordance with § 4 may carry out the tasks of the coordinator himself. (1a) The client or the third party commissioned by him will not be responsible for the assignment of suitable coordinators. (2) During the planning of the execution of the construction project the coordinator
1.
to coordinate the measures provided for in Article 2 (1);
2.
to draw up or draw up the safety and health protection plan; and
3.
to compile a document with the necessary safety and health data to be taken into account in the course of possible subsequent work on the construction plant.
(3) During the execution of the construction project, the coordinator shall:
1.
to coordinate the application of the general principles according to § 4 of the German Labour Protection Act;
2.
to ensure that employers and entrepreneurs without employees comply with their obligations under this Regulation,
3.
adapt or allow the safety and health protection plan to be adapted or adapted in the event of significant changes in the design of the construction project;
4.
to organise the cooperation of employers and
5.
to coordinate the monitoring of the proper application of the working procedures by the employers.
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§ 4 appointment

The measures in accordance with § 2 and § 3 (1) sentence 1 shall be taken by the client, unless he instructs a third party to take these measures on his own responsibility. Unofficial table of contents

§ 5 Obligations of employers

(1) In carrying out the work, the employer shall have the necessary measures for the protection of employment, in particular with regard to:
1.
maintenance of work equipment,
2.
Arrangements for the storage and disposal of the working materials and waste, in particular the hazardous substances,
3.
Adaptation of the working time for the work, taking into account the conditions on the site,
4.
Cooperation between employers and entrepreneurs without employees,
5.
the interaction between the works on the site and other operational activities on the premises on which the former works are carried out,
(2) The employers shall inform the employees of the protective measures concerning them in an intelligible form and language. (3) The responsibility of the employers for the performance of their occupational health and safety obligations shall not be affected by the measures in accordance with § § 2 and 3. Unofficial table of contents

§ 6 obligations of other persons

In order to ensure the safety and health of workers, operators working on a construction site without employees shall also have to comply with the rules on health and safety at work to be applied to the work. They shall take account of the coordinator's comments and the safety and health plan. The first and second sentences also apply to employers who themselves are active on the site. Unofficial table of contents

§ 7 Administrative Offences and Criminal Provisions

(1) Contrary to the provisions of Section 25 (1) (1) of the German Labor Protection Act (Arbeitsschutzgesetz), who intentionally or negligently acts
1.
Contrary to § 2 (2) sentence 1 in conjunction with § 4 of the competent authority, no advance notice, not correct, is not transmitted in full or in a timely manner, or
2.
Contrary to § 2 (3) sentence 1 in conjunction with § 4, it is not ensured that a safety and health protection plan is drawn up prior to the establishment of the construction site.
(2) Anyone who endangers the life or health of an employee by means of an intentional act referred to in paragraph 1 shall be punishable under Article 26 (2) of the German Employment Protection Act (Arbeitsschutzgesetz). Unofficial table of contents

Section 8 Entry into force

(1) This Regulation shall enter into force on the first day of the calendar month following the announcement. (2) The previous rules shall continue to apply to construction projects which have already been started before 1 July 1998. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Annex I

Source of the original text: BGBl. I 1998, 1285
1.
the place of construction,
2.
Name and address of the client,
3.
Type of construction project,
4.
the name and address of the third party responsible instead of the client;
5.
the name and address of the coordinator,
6.
the expected start and expected duration of the work;
7.
the estimated maximum number of employees at the construction site,
8.
the number of employers and entrepreneurs without employees who are likely to work on the construction site;
9.
Indication of the already selected employers and entrepreneurs without employees.
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Annex II

Source of the original text: BGBl. I 1998, 1285
Particularly dangerous work within the meaning of section 2 (3) are:
1.
work in which the workers are exposed to the risk of sinking, being buried in excavations or in ditches with a depth of more than 5 metres or from a height of more than 7 metres,
2.
work in which the workers are explosive, highly flammable, carcinogenic (category 1 or 2), mutagenic, toxic to reproduction or very toxic substances and preparations as defined in the Dangerous Substances Ordinance, or biological agents of risk groups 3 and 4 within the meaning of Council Directive 90 /679/EEC of 26 November 1990 on the protection of workers from the risks related to exposure to biological agents at work (OJ L 378, 27.12.1990, p. EC No L 374 p. 1),
3.
work with ionizing radiation which requires the establishment of control or monitoring areas for the purposes of radiation protection as well as in the sense of the X-ray Regulation;
4.
Work at a distance of less than 5 m from high-voltage power lines,
5.
work in which there is a direct risk of drowning,
6.
Well construction, underground earthworks and tunnel construction,
7.
Work with diving equipment,
8.
Work in compressed air,
9.
work in which explosives or detonation cords are used,
10.
Construction or dismantling of solid components with more than 10 tonnes of individual weight.