Regulation On Safety And Health On 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 (Construction site regulation-construction site)

unofficial table of contents

construction site

date of production: 10.06.1998

Full quote:

" Construction site regulation of 10. June 1998 (BGBl. 1283), as defined by Article 15 of the Regulation of 23 June 2008. December 2004 (BGBl. I p. 3758) "

:Modified by Art. 15 V v. 23.12.2004 I 3758

For details, see the Notes

menu This regulation is used in conjunction with the Work Protection Act
of the Implementation of EC Directive 92 /57/EEC of the Council of
24. June 1992 on the minimum safety and health requirements
to temporary or
site-changing construction sites (Eighth
Individual Directive within the meaning of Article 16 (1) of the
Directive 89 /391/EEC) (OJ L 136, 31.5.1989 EC No L 245 p. 6).

footnote

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

Non-Official Table of Contents

Input Formula

Based on § 19 of the Work Protection Act, 7. August 1996 (BGBl. I p. 1246), the Federal Government decrees: Non-official table of contents

§ 1 Objectives, terms

(1) This Regulation serves to improve the essential improvement of Safety and health of workers on construction sites.(2) The Regulation shall not apply to activities and facilities within the meaning of Section 2 of the Federal Mining Act.(3) For the purposes of this Regulation, the construction site shall be the place where a building project is carried out. A construction project is the project to set up, modify or cancel one or more construction plants. Non-official table of contents

§ 2 Planning of the construction project

(1) When planning the execution of a construction project, in particular in the case of the Division of work carried out simultaneously or in succession, and in the design of the execution times for these works, shall be taken into account in accordance with the general principles laid down in § 4 of the German Occupation Protection Act.(2) For each construction site where
1.
the expected duration of the work is more than 30 working days and on the more than 20 employees at the same time, or
2.
the scope of the work is expected to exceed 500 person days,
is the , at the latest two weeks before the establishment of the site, a notice containing at least the information referred to in Annex I shall be sent to the competent authority. The advance notice shall be displayed visibly on the construction site and be adapted in the event of significant changes.(3) In the case of a construction site on which employees of several employers are employed, a notice of advance notice shall be submitted or shall be carried out on a construction site on which employees of several employers are employed, particularly dangerous work in accordance with Annex II. , it must be ensured 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. Non-official table of contents

§ 3 Coordination

(1) For construction sites where employees of several employers are employed, one or more of the following are: to appoint appropriate coordinators. The client or the third party appointed by him in accordance with § 4 may carry out the tasks of the coordinator himself.(1a) The owner or the third party commissioned by him shall not be relieved of his responsibility by the appointment of suitable coordinators.(2) During the planning of the execution of the construction project, the coordinator
1.
has the following in § 2 (1) ,
2.
to develop or prepare the health and safety plan, and
3.
a document with the necessary safety and health information to be taken into account during possible later work on the construction site
(3) During the execution of the construction project, the coordinator
1.
has the To coordinate the application of the general principles according to § 4 of the German Labour Protection Act (Arbeitsschutzgesetz),
2.
to ensure that the employers and the entrepreneurs without employees comply with their obligations under this Regulation,
3.
to adapt the safety and health plan for significant changes in the execution of the construction project; or ,
4.
Organize the collaboration of the employers and
5.
To coordinate monitoring of the proper use of work procedures by employers.
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§ 4 Assignment

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. Non-official table of contents

§ 5 Employers ' obligations

(1) The employers have the necessary measures to complete the work. Work protection, especially in relation to
1.
Maintenance of work equipment,
2.
Precautions for storage and disposal of working materials and waste, in particular hazardous substances,
3.
Adjustment of the execution times for the work, taking into account the conditions on the site,
4.
Co-operation between employers and entrepreneurs without employees,
5.
Interactions between to work on the construction site and other operational activities on the premises on which the former works are carried out,
, as well as the information provided by the coordinator and the safety and security authorities, and Health protection plan to be taken into account.(2) Employers shall inform employees in comprehensible form and language of the protective measures concerning them.(3) The responsibility of the employers for the performance of their employment protection obligations shall not be affected by the measures in accordance with § § 2 and 3. Non-official table of contents

§ 6 Other persons obligations

To ensure the safety and health of employees, the Operators working on a construction site without employees to comply with the rules on health and safety at work to be applied in 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. Non-official table of contents

§ 7 Administrative Offences and Criminal Provisions

(1) Administrative Offences as defined in Section 25 (1) (1) of the German Labor Protection Act (Arbeitsschutzgesetz) Who intentionally or negligently acts
1.
in accordance with § 2 (2) sentence 1 in conjunction with § 4 of the competent authority, no prior notice, not correct, not complete or not transmitted in time, or
2.
contrary to § 2 para. 3 sentence 1 in connection with § § 2. 4 shall not ensure that a safety and health protection plan is drawn up before the construction site is set up.
(2) Those who endanger the life or health of an employee by means of an intentional act referred to in paragraph 1 shall be referred to in Article 26 of the Treaty. No. 2 of the Employment Protection Act. Non-official table of contents

§ 8 Entry into force

(1) This Regulation shall enter into force on the first day of the calendar month following the announcement.(2) In the case of construction projects, the execution of which is already before 1. The provisions of the previous legislation have been taken into account in July 1998. Non-official table of contents

Final formula

The Federal Council has agreed. Non-official table of contents

Appendix I

Original text site: BGBl. I 1998, 1285
1.
Site of construction site,
2.
name and address of the builder,
3.
type of building project,
4.
The name and address of the third party responsible instead of the owner,
5.
Name and address of the owner coordinator,
6.
expected start and expected duration of work,
7.
probable maximum number of employees at the site,
8.
Number of employers and entrepreneurs without employees, who are expected to work on the construction site,
9.
indication of the employers and entrepreneurs already selected without employees.
Non-Official Table of Contents

Annex II

Original text found site: BGBl. I 1998, 1285
Particularly dangerous work within the meaning of § 2 para. 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 m or of the crash, of a height of more than 7 m,
2.
Work in which the employees are explosive, highly flammable, carcinogenic (category 1 or 2), mutagenic, toxic to reproduction, or very toxic Substances and preparations within the meaning of the Regulation on Hazardous Substances or biological agents of risk groups 3 and 4 within the meaning of Council Directive 90 /679/EEC of 26 June 1991. November 1990 on the protection of workers from the risks related to exposure to biological agents at work (OJ C 327, 28.11.1990, p. EC No L 374 p. 1),
3.
Working with ionizing radiation, which provides for the establishment of control or surveillance areas in the sense of radiation protection, as well as in the sense of the X-ray Ordinance,
4.
Working at a distance of less than 5 m from high-voltage power lines,
5.
Work where there is a direct risk of drowning
6.
Brunnenbau, Underground Earthworks and Tunnelling,
7.
Working with Diving Devices,
8.
Working in Compressed Air,
9.
Work that uses explosives or blasting cords
10.
Construction or dismantling of solid components with more than 10 tons of weight.