Regulation On Safety And Health On Construction Sites

Original Language Title: Verordnung über Sicherheit und Gesundheitsschutz auf Baustellen

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now

Read the untranslated law here:

Regulation on safety and health on construction sites (construction site Ordinance - BaustellV) BaustellV Ausfertigung date: 10.06.1998 full quotation: "construction site Ordinance of 10 June 1998 (BGBl. I p. 1283), by article 15 of the Decree of 23 December 2004 (BGBl. I p. 3758) has been changed" stand: amended by art. 15 V v. 23.12.2004 3758 for details on the stand number you find in the menu under instructions this regulation is used in conjunction with the occupational safety and Health Act of implementing the EC Directive 92/57/EEC of 24 June 1992 on Minimum standards for the safety and health protection to be applied temporary temporary or mobile construction sites (eighth individual Directive within the meaning of article 16 1 of Directive 89/391/EEC) (OJ EC No. L 245, p. 6).
Footnote (+++ text detection from: 1.7.1998 +++) (+++ official note of the standard authority on EC law: implementation of EWGRL 57/92 (CELEX Nr: 392 L 0057) +++) input formula on the basis of § 19 of the occupational safety and Health Act of 7 August 1996 (BGBl. I p. 1246) ordered the Federal Government: article 1 objectives, terms (1) this regulation serves the significant improvement of safety and health protection of workers 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 within the meaning of this regulation is the place where a construction project is running. A construction project is the project to build one or several structural systems, change, or cancel.

§ 2 are planning the execution of the construction project (1) when planning the execution of a construction project, in particular during the Division of the work performed at the same time or one after the other, and in calculating the execution time for this work, to take into account the General principles according to § 4 of the occupational safety and Health Act.
(2) for each site, with 1 more than 30 working days of the expected duration of the work and on the more than 20 employees operate at the same time, or 2 which exceeds the scope of work likely to 500 person days, is to submit a notice of the competent authority, containing at least the information referred to in annex I no later than two weeks before setting up the site. The notice is visible unhinge at the construction site and to adjust for significant changes.
(3) is for a building site, where employees of several employers are working to submit a notice, or are on a construction site, where employees of several employers take action, particularly dangerous work referred to in annex II carried out, is to make sure that before setting up the construction site a safety and health plan is created. The plan must indicate the health and safety regulations applicable to the relevant construction site and annex II contains special measures for particularly hazardous work. If necessary, operational activities on the ground are in preparation of the plan to take into account.

§ 3 are coordination (1) construction sites, where workers of more employers will order one or more appropriate coordinators. The client or the third party commissioned by him pursuant to section 4 may exercise the tasks of the Coordinator itself.
(1a) the client or the third party commissioned by him is not relieved appropriate coordinators by authorizing his responsibility.
(2) during the planning of the execution of the construction project, the Coordinator 1 to coordinate the measures provided in article 2, paragraph 1, to elaborate 2. the safety and health protection plan or to have and 3 has a surface with the necessary to assemble for possible future work on the structural system to consider information on the safety and health.
(3) during the execution of the construction project, the Coordinator 1 has to coordinate the application of the General principles according to § 4 of the Labour Protection Act, to ensure that the employers and the entrepreneur without employees fulfil their duties under this regulation, when significant changes in the execution of the construction project to customize 3. the safety and health protection plan or to adjust, to organize 4. the cooperation of the employer and monitoring the proper application of the procedures used by the employer to coordinate 5. 2nd.

§ 4 commissioning the measures according to § 2 and § 3 para 1 sentence 1 has the property owner to meet, unless, he contracted a third party to take such measures on its own responsibility.

§ 5 obligations of employers (1) who have employer during the execution of the work the necessary measures of labour protection in particular as regards the 1 maintenance of work equipment, 2. arrangements for the storage and disposal of agents and waste, in particular the hazardous substances, 3. adapting the execution times for the work, taking into account the conditions on the construction site, 4. collaboration between employers and entrepreneurs no employees , 5. interactions between the works on the construction site and other activities on the site, the first work be carried out to meet the or in its vicinity, as well as the notes of the Coordinator and to take into account the safety and health protection plan.
(2) the employer must inform workers in intelligible form and language on the protection measures concerning them.
(3) the responsibility of employers for their health and safety obligations is not affected by the measures under paragraphs 2 and 3.

§ 6 obligations of other persons to ensure safety and health of employees have the relating to the work health and safety regulations also the active construction entrepreneur without employees. You have the notes of the Coordinator, as well as to take into account the safety and health protection plan. Sentences 1 and 2 shall apply also for employers who are working on the construction site.

§ 7 is no. 1 of the Labour Protection Act offences and penal provisions (1) any person in the sense of § 25 para 1, who intentionally or negligently a notice not, incorrectly, incompletely or not timely delivered 1 contrary to § 2 para 2 sentence 1 in conjunction with § 4 of the competent authority, or 2. contrary to § 2 para 3 sentence 1 in conjunction with § 4 not provides , that before setting up the construction site a safety and health plan is created.
(2) a person who endangers life or health of employees through a deliberate act referred to in paragraph 1, is no. 2 of the occupational safety and Health Act pursuant to section 26 punishable.

Article 8 entry into force (1) this regulation enters into force on the first day of the calendar month following the announcement.
(2) for construction projects, with their execution already before 1 July 1998 has been started, the existing regulations remain applicable.

Concluding formula the Federal Council has approved.

Annex I site of the original text: Federal Law Gazette I 1998, 1285 1 place site, 2. name and address of the owner, 3. nature of the construction, 4. name and address of instead of the client responsible third party, 5. name and address of the Coordinator, 6 estimated commencement and expected duration of the work, 7 estimated maximum number of workers on the construction site, 8 number of employers and entrepreneurs without employees , which is expected on the construction site operate, 9 indicating of the selected employers and entrepreneurs without employed.

Annex II site of the original text: Federal Law Gazette I 1998, are 1285 especially hazardous work in the sense of § 2 para 3: 1 works, which are exposed to the employees of the danger of sinking, the Verschüttetwerdens in pits or trenches to a depth of more than 5 m or of falling from a height of more than 7 m, 2. works, where the employed explosive , highly inflammable, carcinogenic (category 1 or 2), mutagenic, reproductive toxicity, or very toxic substances and preparations in the meaning of the Ordinance on hazardous substances or biological agents of risk groups 3 and 4 within the meaning of Directive 90/679/EEC of 26 November 1990 on the protection of workers from exposure to biological agents at work (OJ EC No. L 374, p. 1) are exposed to 3 work with ionizing radiation requiring the establishment of control and monitoring areas in terms of the kinds, as well as in the sense of the German X-ray Ordinance, 4. work at a smaller distance than 5 m of high-voltage lines, 5. work involving the imminent danger of drowning exists, 6 wells, underground earthworks and tunnelling, 7 working with diving equipment , 8 work in compressed air, 9 work, which used explosives and detonating cords, 10 construction or removal of solid construction elements with more than 10 tonnes each.