Regulation on safety and health protection in the use of work equipment

Original Language Title: Verordnung über Sicherheit und Gesundheitsschutz bei der Verwendung von Arbeitsmitteln

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Regulation on safety and health protection in the use of work equipment (occupational safety ordinance-BetrSichV)

Unofficial table of contents

BetrSichV

Date of completion: 03.02.2015

Full quote:

" Operating Safety Ordinance of 3 February 2015 (BGBl. 49), as defined by Article 1 of the Regulation of 13 July 2015 (BGBl. 1187).

Status:	Amended by Art. 1 V v. 13.7.2015 I 1187
Replaced V 805-3-9 v. 27.9.2002 I 3777 (BetrSichV)

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.6.2015 + + +)

The V was established as Article 1 of the V v. 3.2.2015 I 49 by the Federal Government, the Federal Ministry for Economic Affairs and Energy and the Federal Ministry of Labour and Social Affairs with the approval of the Federal Council and in agreement with the Federal Ministry for Economic Affairs and Social Affairs. Environment, nature conservation, construction and reactor safety, as well as with the Federal Ministry of the Interior. It occurs gem. Art. 3 sentence 1 of this V in force on 1.6.2015. Unofficial table of contents

Content Summary

Content oversight section 1Scope and definitions

§ 1	Scope and objectives
§ 2	Definitions

Section 2Risk assessment and safeguard measures

§ 3	Risk assessment
§ 4	Basic obligations of the employer
§ 5	Requirements for the work equipment provided
§ 6	Basic protection measures in the use of work equipment
§ 7	Simplified approach to the use of work equipment
§ 8	Protective measures in the event of hazards due to energies, inaction and decommissioning
§ 9	Other protective measures in the use of work equipment
§ 10	Maintenance and modification of work equipment
§ 11	Special operating conditions, operational malfunctions and accidents
§ 12	Instruction and special assignment of employees
§ 13	Cooperation between different employers
§ 14	Examination of work equipment

Section 3Additional provisions for installations in need of surveillance

§ 15	Inspection before entry into service and before re-commissioning after verifiable changes
§ 16	Recurrent Review
§ 17	Test records and certificates
§ 18	Authorisation

Section 4-Enforcement
and committee on operational safety

§ 19	Participation obligations, official exceptions
§ 20	Special provisions for federal systems in need of surveillance
Section 21	Operational Safety Committee

Section 5Administrative Offences
and offences, final provisions

Section 22	Irregularities
Section 23	Offences
§ 24	Transitional provisions

Annex 1 (to § 6 (1) sentence 2)	Specific rules for certain work equipment
Annex 2 (to § § 15 and 16)	Testing requirements for equipment in need of surveillance
Annex 3 (to § 14 (4))	Test rules for certain work equipment

Section 1
Scope and definitions

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§ 1 Scope and objective

(1) This Regulation shall apply to the use of work equipment. The aim of this Regulation is to ensure the safety and protection of the health of workers in the use of work equipment. This is to be achieved in particular by:

1.: the selection of appropriate tools and their safe use,
2.: the design of working and manufacturing processes suitable for the intended use, and
3.: the qualification and training of employees.

This Regulation lays down, in respect of the installations in need of surveillance referred to in Annex 2, measures for the protection of other persons in the area of danger in so far as they are due to the use of these installations by employers within the meaning of (2) This Regulation shall not apply to establishments which are subject to the Federal Mining Act to the extent that such legislation exists for that purpose. However, by way of derogation from the first sentence, it shall apply to installations in need of surveillance in daily installations, with the exception of pipelines referred to in Annex 2 (4) (2.1), first sentence (1) (d). (3) This Regulation shall not apply to seagoing vessels flying the flag and to the sea Seagoing ships, for which the Federal Ministry of Transport and Digital Infrastructure granted the power to manage the flag of the Federal Republic of Germany only for the first transfer trip to another port pursuant to Section 10 of the Flag Law. (4) Section 3 does not apply to gas filling plants, the energy installations within the meaning of Section 3 (15) of the (5) The Federal Ministry of Defence may derogate from the provisions of this Regulation. if compelling reasons for the defence or the fulfilment of the obligations of the Federal Republic of Germany so require and the security is guaranteed in other ways. Unofficial table of contents

§ 2 Definitions

(1) Work equipment shall be tools, equipment, machinery or equipment used for work, as well as installations requiring monitoring. (2) The use of work equipment shall include any activity with them. These include, in particular, mounting and installing, operating, switching on or off or adjusting, using, operating, maintaining, cleaning, testing, remodelling, testing, disassembling, transporting and monitoring. (3) Employer is who, according to § 2 (3) of the Occupation Protection Act as such is intended. The employer shall be equal,

1.: who, without being an employer, uses a facility in need of surveillance for commercial or economic purposes, and
2.: the adjudicating entity and the intermediate master within the meaning of the Home Work Act.

(4) Employees are persons who are designated as such in accordance with Section 2 (2) of the German Employment Protection Act. The persons employed shall be equal to the following persons, provided that they use work equipment:

1.: Pupils and students,
2.: in homework, employees in accordance with Article 1 (1) of the Home Work Act and
3.: other persons, in particular persons who are active in scientific institutions.

(5) It is appropriate to know who has the necessary expertise to carry out a task specified in this Regulation. The requirements for the subject-matter are dependent on the respective type of task. The requirements include a corresponding vocational training, professional experience or a corresponding professional activity that is carried out in a timely manner. The specialist knowledge must be kept up-to-date by taking part in training courses. (6) A person capable of examination is a person who, through his professional training, professional experience, and his or her temporary professional activity, is required to take the necessary steps to ensure that he/she is able to work on the (7) Maintenance is the totality of all the measures to be taken in relation to the examination of work equipment, where the requirements for the examination of work equipment in Annexes 2 and 3 are to be met. Maintenance of the safe condition or repatriation in these. Maintenance includes, in particular, inspection, maintenance and repair. (8) Testing is the determination of the actual state, the comparison of the actual state with the desired state as well as the evaluation of the deviation of the actual state from the desired state. (9) Subject to review is any measure that influences the safety of a working medium. (10) The state of the art is the state of development of advanced procedures, facilities or modes of operation, which have the practical suitability of a measure or a procedure for the protection of the Health and safety of employees or other persons can be guaranteed. In the determination of the state of the art, it is particularly appropriate to use comparable methods, facilities or modes of operation which have been tested with success in practice. (11) danger area is the area within or within a radius of a Work equipment in which the safety or health of employees and other persons is threatened by the use of the work equipment. (12) Installation involves installation and installation at the place of use. (13) Surveillance in need of surveillance Installations are installations according to § 2, point 30 of the Product Safety Act, insofar as they are (15) Other persons are persons who are not employees or equivalent persons referred to in paragraph 4 and who are in the danger zone of a person who is not employed or who is not in danger of being treated as a person. to be in need of surveillance within or outside an operating site.

Section 2
Risk assessment and safeguard measures

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§ 3 Risk assessment

(1) Before the use of work equipment, the employer must assess the hazards that occur (hazard assessment) and derive necessary and appropriate protective measures. The existence of a CE marking on the work equipment does not release from the obligation to carry out a risk assessment. In the case of lift installations, the first sentence shall apply only if it is used by an employer within the meaning of the first sentence of Article 2 (3). (2) The assessment shall include all the risks associated with the use of work equipment, of:

1.: the work equipment itself,
2.: the working environment and
3.: the items of work on which activities are carried out with work equipment.

The risk assessment shall, in particular, take account of:

1.: the suitability for use of work equipment, including ergonomic, age-and ageing-related design,
2.: the safety-related, including the ergonomic relationships between the workplace, work equipment, working methods, work organisation, work flow, working time and work tasks,
3.: the physical and psychological burdens on employees who are involved in the use of work equipment,
4.: Foreseeable operational malfunctions and the risk of measures to eliminate them.

(3) The risk assessment shall already be started before the selection and procurement of the work equipment. In particular, the suitability of the work equipment for the planned use, the work processes and the organisation of work shall be taken into account. The risk assessment may only be carried out by qualified persons. If the employer does not have the appropriate knowledge himself, he/she has to be consulted professionally. (4) The employer has to obtain the information necessary for the risk assessment. These are, in particular, the rules and findings, instructions for use and operating instructions, as well as the findings from occupational health care which are accessible to him pursuant to section 21 (4) (1). The employer may take over this information provided that they are applicable to the work equipment, working conditions and procedures in its operation. In obtaining information, the employer may assume that the information provided by the manufacturer of the work product is correct, unless he has other findings. (5) The employer may be responsible for the information provided by the employer. Definition of protective measures already existing risk assessments, including equivalent documents supplied to it by the manufacturer or the placing on the market, provided that the particulars and provisions in this Risk assessment of work equipment, including working conditions, and (6) The employer shall identify and determine the type and extent of necessary testing of work equipment, as well as the time-limits of recurring tests in accordance with sections 14 and 16 of this Regulation, in so far as this Regulation does not already contain appropriate specifications. The first sentence shall also apply to elevator installations. The time limits for the recurrent tests shall be determined in such a way as to ensure that the work equipment can be used safely until the next set of tests. The maximum time limits laid down in Annex 3, Section 1 (3), Section 2 (4.1), Table 1 and Section 3 (3.2), Table 1, shall not be exceeded in the determination of the time limits for the recurrent tests referred to in Article 14 (4). In determining the time limits for the recurrent tests in accordance with § 16, the maximum time limits set out in Annex 2, Section 2, points 4.1 and 4.3, Section 3, points 5.1 to 5.3 and Section 4, point 5.8, in conjunction with Table 1, shall not be allowed. , unless otherwise specified in the Annexes mentioned. In addition, the employer must identify and determine the conditions which must be met by the persons qualified for examination, who are to be appointed by him to carry out the examinations of work equipment in accordance with § § 14, 15 and 16. (7) Risk assessment shall be reviewed on a regular basis. The state of the art is to be taken into consideration. Where necessary, the protective measures shall be adapted in accordance with the use of working equipment. The employer shall update the risk assessment immediately if:

1.: safety-related changes in working conditions, including the modification of work equipment, so require:
2.: new information, in particular lessons learned from the accident or occupational health care, or
3.: the verification of the effectiveness of the safeguard measures referred to in Article 4 (5) has shown that the protective measures laid down are not effective or inadequate.

If the review of the risk assessment shows that no update is required, the employer shall indicate this, indicating the date of the review in the documentation referred to in paragraph 8. (8) The employer has the result of his or her employer's risk assessment. Document the risk assessment prior to the first use of the work equipment. At least indicate:

1.: the risks arising from the use of the means of work;
2.: the protective measures to be taken,
3.: how the requirements of this Regulation are complied with in cases where the rules and findings announced in accordance with Article 21 (4) (1) are dismissed,
4.: the nature and extent of the necessary tests and the time limits for the periodic tests (paragraph 6, first sentence), and
5.: the outcome of the review of the effectiveness of the safeguard measures in accordance with Article 4 (5).

The documentation may also be made in electronic form. (9) Insofar as the employer makes use of § 7 (1) and the risk assessment shows that the conditions pursuant to § 7 (1) are available, a documentation of this the conditions and the safeguard measures which may be taken. Unofficial table of contents

§ 4 Basic obligations of the employer

(1) Work equipment may not be used until after the employer

1.: has carried out a risk assessment,
2.: the state-of-the-art protection measures determined in this connection, and
3.: noted that the use of the equipment according to the state of the art is safe.

(2) The employer shall have appropriate organisational and personal information from the risk assessment that hazards due to technical protection measures according to the state of the art cannot be avoided or are insufficiently avoided. Protective measures to be taken. Technical protection measures shall take precedence over organisational measures, which in turn shall take precedence over personal protective measures. The use of personal protective equipment shall be limited to the minimum necessary for each employee. (3) In defining the protective measures, the employer shall comply with the provisions of this Regulation, including the Annexes. and to take account of the rules and findings referred to in Article 21 (4) (1). In the event of compliance with these rules and findings, it must be assumed that the requirements set out in this Regulation are met. The rules and knowledge can deviate if safety and health are guaranteed by other measures, at least in a comparable way. (4) The employer has to ensure that work equipment, for which § 14 and in the Section 3 of this Regulation is required to be used only when these tests have been carried out and documented. (5) The employer shall have the effectiveness of the safeguard measures prior to the initial use of the work equipment. check. Sentence 1 shall not apply to the extent that such tests have been carried out in accordance with § 14 or § 15. The employer shall continue to ensure that, prior to their use, work equipment is checked for obvious defects by means of inspection and, where necessary, by means of a function check, and that the employer is protected and Safety equipment shall be subject to regular functional control. Sentence 3 shall also apply in the case of work equipment for which recurrent examinations are required in accordance with § 14 or § 16. (6) The employer has the interests of occupational safety and health in relation to the use of work equipment appropriately in his operational organisation and to create the necessary human, financial and organisational conditions for this purpose. In particular, it must ensure that in the organisation of work organisation, the working process and the workplace, as well as in the selection and at the disposal of the work equipment, everyone concerned with the safety and health of the Employees related factors, including mental health, are sufficiently taken into account. Unofficial table of contents

§ 5 Requirements for the work equipment made available

(1) The employer may only provide and make use of such means of work, which shall be safe in the use, taking into account the conditions of use provided for. The work equipment must:

1.: be suitable for the type of work to be carried out,
2.: be adapted to the given conditions of use and to the foreseeable stresses; and
3.: have the necessary safety-relevant equipment,

so that a risk is kept as low as possible by their use. Where measures under sentences 1 and 2 fail to ensure safety and health, the employer shall take other appropriate protective measures to reduce the risk as far as possible. (2) The employer shall be entitled to: (3) The employer may only make available and use the means of work to which he/she is responsible for the safe use. (3) The employer may only make available and use such equipment which is applicable legislation on safety and health protection. This legislation includes, in addition to the provisions of this Regulation, in particular the provisions of Community directives which have been transposed into German law and which apply to the work equipment at the time of provision on the Market. Work equipment manufactured by the employer himself for his own purposes must comply with the essential safety requirements of the Community directives to be applied. They do not need to comply with the formal requirements of these Directives, unless it is expressly stated otherwise in the respective Directive. (4) The employer must ensure that employees only use the means of work which: he has made available to them or whose use he has expressly permitted them. Unofficial table of contents

§ 6 Basic protection measures in the use of work equipment

(1) The employer shall ensure that the work equipment is used safely and that the principles of ergonomics are respected. Note that Annex 1 shall be taken into account. The use of the means of work shall be designed and organised in such a way as to avoid or, if not possible, to minimise the stresses and strains which may endanger the health and safety of workers, or can be reduced. The employer must ensure that employees are able to use the work equipment without endangating themselves or other persons. In particular, the following principles are to be taken into account in a humane design of work:

1.: the work equipment, including its interface to humans, must be adapted to the physical characteristics and competence of the employees, as well as to avoid biomechanical stresses in use. The working environment, the location of the access points and the centre of gravity of the work equipment, the required posture, the body movement, the distance to the body, the personal protective equipment required, and the the psychological burden on employees,
2.: the workers must have sufficient freedom of movement,
3.: It is necessary to avoid a working pace and a working rhythm which can lead to the risks of the employees,
4.: It is necessary to avoid operating and monitoring activities which require full and permanent attention.

(2) The employer shall ensure that existing protective equipment and provided personal protective equipment are used, that necessary protective or security equipment are functional and not simple Wise manipulated or circumvented. The employer must also take appropriate measures to ensure that employees take account of the information received in accordance with § 12, as well as markings and warnings. (3) The employer has to do so by means of appropriate measures. (3) ensure that

1.: the establishment of work equipment, assembly and dismantling, testing and maintenance and testing of work equipment, taking into account the state of the art in terms of safety-relevant installation and environmental conditions; and shall be carried out safely,
2.: the necessary safety and protection distances are complied with and
3.: All energy forms and materials used or produced can be safely supplied and removed.

If outdoor working equipment is used, the employer must ensure that the safe use of the work equipment is always guaranteed irrespective of weather conditions. Unofficial table of contents

Section 7 Simplified approach to the use of work equipment

(1) The employer may waive any further measures in accordance with § § 8 and 9 if the risk assessment reveals that:

1.: the means of work correspond at least to the safety requirements of the legislation applicable to them at the time of use for the provision of work equipment on the market;
2.: the work equipment is used exclusively in accordance with the manufacturer ' s specifications,
3.: no additional risks to the employees, taking into account the working environment, the work items, the work processes and the duration and the time-situation of working time, and
4.: Maintenance measures according to § 10 shall be carried out and examinations in accordance with § 14 shall be carried out.

(2) Paragraph 1 shall not apply to installations in need of surveillance and to the means of work referred to in Annex 3. Unofficial table of contents

§ 8 Protections in the case of hazards caused by energy, inaction and decommissioning

(1) The employer may only use such means of work which are designed to combat hazards.

1.: the energy sources or energy used by them,
2.: direct or indirect touching of parts under electrical tension, or
3.: Disturbances in their energy supply.

In addition, the working means must be designed in such a way that a dangerous electrostatic charge is avoided or limited. If this is not possible, they must be equipped with equipment for the discharge of such charges. (2) The employer must ensure that work equipment with the measuring, control and control equipment required for safety reasons , in order to ensure that they can be used safely and reliably. (3) Command facilities which have an impact on the safe use of the work equipment must, in particular:

1.: may be clearly identifiable outside the danger zone and can be easily and without endangering; its operation must not lead to any additional hazard,
2.: shall be safe and designed for foreseeable disturbances, stresses and constraints,
3.: shall be secured against accidental or unauthorized actuation.

(4) Work equipment may only be set in motion intentionally. If necessary, it must be possible to prevent inaction safely, or the employees must be able to escape from hazards due to the work equipment set in motion in good time. In this case and in the event of changes in the operating condition, the safety in the danger zone must also be ensured by appropriate measures. (5) From the location of the operation of the working medium it must be shut down as a whole or in parts, and by Each individual energy source can be permanently separated in order to ensure a safe condition. The command devices provided for this purpose must be easily and unimpedeable and be clearly identified. The command to quiesce a work agent must take precedence over the command to set the work. Where, in the case of work equipment which has storage-effect systems, energy is still stored after separation from each energy source in accordance with the first sentence, there shall be a need for the equipment to be used to make these systems free of energy . These facilities must be identified. If a complete energy-free operation is not possible, there must be a corresponding hazard warning on the working equipment. (6) Power-operated equipment must be equipped with an emergency command device which can be reached quickly and conspicuously. to ensure the safe decommissioning of the entire working medium, the risk of movement or processes without any additional hazards can be immediately shut down. An emergency command device can be dispensed with if it does not reduce the risk; in this case, the security is to be ensured in other ways. It is necessary to determine from the respective operating location of the working medium whether persons or obstacles are located in the danger zone, or whether an automatically responding security system must be connected upstream of the setting-up, which is the setting-up of the operating system. , as long as employees are staying in the hazardous area. If this is not possible, there must be sufficient possibilities for understanding and warning before the inset. If necessary, it must be possible to prevent inaction safely, or the workers must be able to escape from the risks posed by the working medium which has been set up in time. Unofficial table of contents

§ 9 Further protection measures in the use of work equipment

(1) The employer shall ensure that work equipment is used, taking into account the expected operating conditions, in such a way that employees are adequately protected against foreseeable risks. In particular,

1.: work equipment is sufficiently stable and, if necessary, is stabilised against unintended changes in position and position,
2.: the equipment must be provided with the necessary safety equipment;
3.: The work equipment, its parts and the connections between them withstand the stresses from internal and external forces,
4.: protection equipment in the event of a splintering or breakage risk, as well as against falling or falling-out objects,
5.: ensure safe access to jobs and in work equipment, and be able to stay there safely,
6.: protective measures to prevent both workers and workers from crashing out,
7.: measures are taken to ensure that persons are not inadvertently included in work equipment; in case of an emergency, persons included in the work must be able to be exempted from work in an appropriate period of time,
8.: Protective measures against hazards caused by moving parts of work equipment and against blockages of such parts, including measures to prevent unintended access to the hazardous area of moving parts of work equipment prevent or stop moving parts prior to reaching the danger zone,
9.: measures to prevent the safe use of the work equipment from being adversely affected by external actions,
10.: lines are laid in such a way that hazards are avoided; and
11.: Measures are taken to prevent the use of non-operating equipment from causing hazards.

(2) The employer shall take protective measures against hazards caused by hot or cold parts, sharp corners and edges, and rough surfaces of work equipment. (3) The employer shall continue to ensure that protective facilities are provided.

1.: provide adequate protection against hazards,
2.: have been stable,
3.: be held securely in position,
4.: allow the operations necessary for the installation or replacement of parts and for maintenance work, if possible without dismantling the protective equipment,
5.: do not cause any additional hazards,
6.: cannot be circumvented or rendered ineffective in a simple manner, and
7.: Do not limit the observation and execution of the work cycle as necessary.

(4) Where work equipment is used in areas with hazardous explosive atmospheres or where they are used to form dangerous explosive atmospheres, the necessary measures must be taken in accordance with the provisions of the Dangerous Substances Regulation. Protective measures shall be taken, in particular the equipment and protective systems suitable for the relevant zone within the meaning of Directive 2014 /34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of legislation of the Member States for equipment and protective systems intended for use in the Use in potentially explosive atmospheres (OJ OJ L 96, 29.3.2014, p. These protective measures must be documented before the first-time use of the equipment in the explosion protection document in accordance with § 6 (8) of the Hazardous Substances Ordinance. (5) As far as necessary after the risk assessment, must be made of work equipment or in the danger zone of which there is sufficient, comprehensible and well-perceptible safety markings and warnings as well as facilities for the appropriate, unequivocal and easily perceptible warning in the event of danger. Unofficial table of contents

Section 10 Maintenance and modification of work equipment

(1) The employer shall take corrective measures to ensure that, throughout the period of use, the means of work are in accordance with the safety and health requirements applicable to them and shall be maintained in a safe condition. The information provided by the manufacturer must be taken into account. The necessary maintenance measures in accordance with the first sentence must be carried out without delay and the necessary protective measures must be taken. (2) The employer shall carry out maintenance measures safely on the basis of a risk assessment. and allow the manufacturer ' s instructions to be taken into account. Maintenance measures may only be carried out by knowledgeable, commissioned and undersigned employees or by other contractors with comparable qualifications for carrying out the maintenance work. (3) The Employers shall take all necessary measures to ensure that maintenance work can be carried out safely. In particular, it shall:

1.: to lay down the responsibilities for the implementation of the necessary safeguards;
2.: ensure sufficient communication between operating and maintenance personnel,
3.: to secure the work area during maintenance work,
4.: to prevent entering the work area by unauthorized persons, to the extent that is required after the risk assessment,
5.: provide for safe access for maintenance personnel,
6.: to avoid hazards caused by moving or lifted work equipment or parts thereof, as well as by hazardous energies or substances,
7.: ensure that facilities are provided for the elimination of energy which is still stored after separation of the work from energy sources to be maintained; these facilities must be labelled accordingly,
8.: to lay down safe working methods for such working conditions which differ from the normal state;
9.: provide the necessary warning and danger information in relation to maintenance work on the working equipment,
10.: ensure that only suitable equipment and tools and appropriate personal protective equipment are used,
11.: in the event of the occurrence or formation of dangerous explosive atmospheres, protective measures shall be taken in accordance with Article 9 (4) sentence 1;
12.: to apply systems for the release of certain works.

(4) In the case of maintenance measures on work equipment, the technical protective measures taken for normal operation are, in whole or in part, put out of operation or such work is to be carried out under the risk of energy, ensure the safety of workers during the duration of such work by means of other appropriate measures. (5) If changes are made to work equipment, paragraphs 1 to 3 shall apply accordingly. The employer shall ensure that the amended work equipment meets the safety and health protection requirements laid down in Article 5 (1) and (2). In the case of changes to work equipment, the employer must assess whether the changes are subject to review. He also has to assess whether he has to comply with the manufacturer's obligations in the case of changes to work equipment, which are based on other legislation, in particular the Product Safety Act or a regulation in accordance with § 8 (1) of the Product Safety Act. Unofficial table of contents

§ 11 Special operating conditions, operational malfunctions and accidents

(1) The employer shall take measures to prevent the inadmissible or unstable operating conditions of work equipment. If unstable conditions cannot be reliably prevented, the employer has to take measures to control them. The first and second sentences apply, in particular, to driving and testing. (2) The employer must ensure that employees and other persons are immediately rescued and provided with medical care in the event of an accident or an emergency. . This includes the provision of appropriate access to the work equipment and into these, as well as the provision of necessary fixing options for rescue facilities and in the working equipment. In case of emergency, access barriers must automatically open automatically into a secure area. If this is not possible, access barriers must be easily opened by means of an emergency unlocking, whereby the remaining dangers must be particularly pointed out at the emergency release and at the access barrier. If the possibility exists of being drafted into a working medium, the rescue must be possible. (3) The employer must ensure that the necessary information on measures in case of emergencies is available. The information must also be available to rescue services to the extent that they are needed for rescue operations. The information includes:

1.: a prior notification of relevant hazards at work, measures to detect hazards, and precautions and procedures to enable rescue services to prepare their own remedial and safety measures,
2.: Information on relevant and specific hazards which may arise in the event of an accident or an emergency, including information on the measures taken pursuant to paragraphs 1 and 2.

If hazards arise due to special operating conditions or operational malfunctions, the employer must ensure that this is indicated by warning devices. (4) Are used in the case of armor, installation and testing or comparable work the technical protection measures taken in respect of normal operation, whether in whole or in part, are put out of service or must be carried out under the threat of energy, the safety of the workers is of the duration of such work by other appropriate measures . The work according to the first sentence may only be carried out by persons skilled in the art. (5) In particular in the case of armor and furnishing, testing and testing of work equipment, as well as in the search for errors, danger areas must be defined. If a stay in the hazardous area of work equipment is necessary, further measures are to be taken on the basis of the risk assessment, which ensure the safety of the employees. Unofficial table of contents

§ 12 Substruction and special assignment of employees

(1) Before using work equipment for the first time, the employer shall provide them with adequate and adequate information in the form and language comprehensible to the employees, on the basis of the risk assessment.

1.: existing hazards in the use of work equipment, including related hazards caused by the working environment;
2.: protective measures and codes of conduct, and
3.: Measures in case of malfunctions, accidents and first aid in case of emergency.

The employer shall, before taking up the use of work equipment, instruct the employees on the basis of the information set out in the first sentence. After that, it shall carry out further instructions at regular intervals, at least once a year. The date of each instruction and the names of the persons referred to shall be recorded in writing. (2) Before the use of work equipment for the first time, the employer shall have a written instructions for the use of a working medium for the use of a to make available work means. The first sentence shall not apply to simple means of work for which, in accordance with Section 3 (4) of the Product Safety Act, a instructions for use must not be provided in accordance with the provisions for providing on the market. Instead of an operating instruction, the employer may also provide a manual instructions for use, provided that this information contains information corresponding to an operating instruction. The operating instructions or the instructions for use must be in a form and language which is comprehensible to the employees and must be available to the employees at a suitable location. The operating instruction or instruction manual is also to be taken into account in the regularly recurring instruction according to § 12 of the Occupation Protection Act. The operating instructions must be updated in the case of safety-related changes in working conditions. (3) If the use of work equipment is associated with special hazards, the employer shall ensure that these are only used by the employer. employees are used. Unofficial table of contents

§ 13 Cooperation of different employers

(1) If the employer intends to have work carried out by a non-operating person (contractor) in his holding, he may only use such contractors for the purpose of the technical customer required for the planned work. . The employer, as the employer, has to inform the contractors who, in turn, are employers, of the hazards emanating from his work equipment and of specific rules of conduct. The contractor has to inform the client and other employers about risks arising from his work for employees of the contracting authority and other employers. (2) May not be a danger to employees of other employers , all the employers concerned shall cooperate in their risk assessments and shall coordinate and implement the safeguard measures in such a way as to ensure that they are effective. Each employer is responsible for ensuring that its employees apply the jointly defined protective measures. (3) If there is an increased risk to employees of other employers in the use of work equipment, the employer is responsible for the Coordination of the respective necessary protective measures by the participating employers to appoint a coordinator in writing. If a coordinator/coordinator is already appointed on the basis of other occupational health and safety regulations, this coordinator may also take over the coordination tasks under this Regulation. The Coordinator/Coordinator shall be provided with all necessary security-relevant information and information on the protective measures to be taken by the employers involved. The appointment of a coordinator shall not release the employers from their responsibilities under this Regulation. Unofficial table of contents

Section 14 Examination of work equipment

(1) The employer shall have work equipment, the safety of which depends on the installation conditions, to be examined prior to the first use by a person capable of examination. The audit shall include:

1.: the control of the proper installation or installation and the safe functioning of such equipment;
2.: the timely detection of damage,
3.: the determination as to whether the safety measures taken are effective.

Test contents which have been examined and documented in the framework of a conformity assessment procedure do not have to be re-examined. The test must be carried out before each entry into service after assembly. (2) Work equipment which is subject to damage caused by damage which can lead to risks to employees, the employer has recurrent from one to the Examination of a qualified person. The examination shall take place in accordance with the time limits determined in accordance with Article 3 (6). If the examination shows that the plant cannot be operated safely up to the next recurrent test determined in accordance with § 3 (6), the test period shall be redefined. (3) Work equipment, which shall be subject to change or exceptional events , which may have harmful effects on their safety, which may endanger employees, the employer shall immediately undergo an extraordinary examination by a person capable of being examined. Exceptional events may be, in particular, accidents, longer periods of non-use of the work equipment or natural events. (4) The means of work referred to in Annex 3 shall have the employer's safe condition and safe condition To be able to check the function fully:

1.: before it is first put into service,
2.: before re-commissioning after verifiable changes and
3.: recurrent in accordance with the requirements set out in Annex 3.

The third sentence of paragraph 2 shall apply accordingly. During the examination prior to the initial commissioning, test contents which have been examined and documented in the context of a conformity assessment procedure need not be re-examined. (5) The due date of recurring tests shall be with the month and the year. The time limit for the next periodic check shall begin with the due date of the last examination. If an examination is carried out before the due date, the time limit for the next examination shall begin with the month and year of implementation. In the case of work equipment with a test period of more than two years, the third sentence shall apply only if the test is carried out more than two months before the due date. Where a working medium is not put into operation at the due date of the periodic examination, it shall not be put into service until this test has been carried out, in which case the time limit for the next test shall commence. recurrent examination with the date of the examination. A periodic examination shall be deemed to have been carried out on time if it has been carried out not later than two months after the date of due date. This paragraph shall apply only to the extent to which the work equipment referred to in Annex 2 (2) to (4) and Annex 3 are concerned. (6) Persons qualified for examination in accordance with Article 2 (6) shall be subject to the implementation of the provisions laid down in this Regulation. Examinations are not subject to expert instructions from the employer. Persons qualified for examination must not be penalised by the employer on the grounds of their audit work. (7) The employer shall ensure that the result of the examination referred to in paragraphs 1 to 4 is recorded and at least until the next Check is kept. In doing so, he shall ensure that the records provided for in the first sentence of the first sentence provide at least information on:

1.: the nature of the audit,
2.: the scope of the test and
3.: Result of the examination.

Records may also be kept in electronic form. Where work equipment referred to in paragraphs 1 and 2 and Annex 3 are used in different types of operations, proof of the implementation of the last test shall be submitted. (8) Paragraphs 1 to 3 shall not apply to installations in need of surveillance; insofar as appropriate examinations are required in § § 15 and 16. Paragraph 7 shall not apply to installations in need of surveillance, to the extent that such records are required in § 17.

Section 3
Additional rules for installations in need of surveillance

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§ 15 Examination before commissioning and before re-commissioning after verifiable changes

(1) The employer shall ensure that equipment in need of surveillance is examined before the initial start-up and before re-commissioning, in accordance with the requirements set out in Annex 2, in accordance with the requirements of the verifiable requirements. The examination shall be carried out:

1.: whether the technical documentation required for the examination, such as an EC declaration of conformity, is in place and its contents are plausible and
2.: whether the plant, including the parts of the plant, is constructed in accordance with this Regulation and is in a safe condition, taking account of the conditions of the installation.

The test shall be carried out in accordance with the requirements set out in Annex 2. Test contents which have been tested and documented in conformity assessment procedures need not be re-examined. (2) In the case of the audit before the first commissioning, it is also necessary to determine whether the safety-related technical aspects of the test should be carried out in accordance with the requirements of the above-mentioned safety standards. measures are appropriate and effective, and whether the time limit for the next periodic review in accordance with Article 3 (6) has been correctly defined. By way of derogation from the first sentence, the determination of the applicable test period for pressure equipment, the test period of which shall be determined in accordance with Annex 2, Section 4, point 5.4, shall be carried out immediately after the determination of the test period. The competent authority shall decide on the test rists set out in the first and second sentences in the case of dispute. The first sentence shall not apply to the suitability of the safety measures which are the subject of a permit pursuant to § 18 or a permit under other legislation. (3) The tests referred to in paragraph 1 shall be approved by an approved the monitoring body referred to in Annex 2, section 1. Where this is provided for in Annex 2, sections 2, 3 or 4, the tests referred to in the first sentence may also be carried out by a person capable of examination. Unofficial table of contents

Section 16 Re-examination

(1) The employer shall ensure that, in accordance with the requirements set out in Annex 2, the equipment in need of surveillance is regularly checked for its safe condition with regard to the operation. (2) The periodic review shall also include: verify that the time limit for the next periodic review pursuant to Article 3 (6) has been correctly established. In the event of a dispute, the competent authority shall decide. (3) § 14 (5) shall apply accordingly. If an audit has been carried out by the authorities, the time-limit shall begin for a periodic review with the month and year of the implementation of the test, if it is in accordance with the periodic examination. (4) Article 15 (3) shall apply accordingly. Unofficial table of contents

Section 17 Test records and certificates

(1) The employer shall ensure that the result of the examination is recorded in accordance with § § 15 and 16. If the test is to be carried out by an approved inspection body, it shall be required to obtain a certificate of examination of the outcome of the examination. Records and test certificates must at least provide information on:

1.: Asset identification,
2.: audit date,
3.: the nature of the audit,
4.: Examination bases,
5.: the scope of the test,
6.: the effectiveness and function of the protective measures taken,
7.: Result of the examination and
8.: Period until the next periodic examination in accordance with Section 16 (2).

Records and test certificates shall be kept at the place of operation of the facility in need of surveillance for the entire period of use and shall be submitted to the competent authority upon request. They may also be kept in electronic form. (2) Without prejudice to the records and test certificates referred to in paragraph 1, the cabin of elevator installations must clearly show signs, for example in the form of a test plaque, and shall be permanently affixed, resulting in the month and year of the next recurrent examination and of the location of the permanent examination. Unofficial table of contents

§ 18 permit

(1) The establishment and operation, as well as the changes in the design or operating mode affecting the safety of the installation, shall require the approval of the competent authority:

1.: Steam boiler installations in accordance with Annex 2, Section 4, point 2.1, first sentence, point (a), referred to in Article 13, in conjunction with Annex II, Chart 5 of Directive 2014 /68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the Legislation of the Member States on the provision of pressure equipment on the market (OJ L 327, 30.4.2004 164), to be classified in category IV,
2.: installations with pressure equipment referred to in point 2.1, point (c) of section 4 of Annex 2, in which transportable pressure equipment with a filling capacity of more than 10 kilograms per hour shall be filled with compressed gases for delivery to others,
3.: fixed installations, including storage and storage containers for the filling of land, water and aircraft with flammable gases as defined in point 2.2 of Annex 1 to Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 Regulation on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006 (OJ L 327, 30.12.2006, p. 1), for use as propellant or fuel (gas filling installations),
4.: Spaces or areas, including fixed containers and other storage facilities intended for them, intended to store flammable liquids of a total volume of more than 10,000 litres (storage facilities) where spaces or areas do not belong to installations according to points 5 to 8;
5.: Installations which are permanently or permanently in the same place and have a handling capacity of more than 1 000 litres per hour, which are intended to fill the containers with flammable liquids (filling stations),
6.: fixed installations for the refuelling of land, water and aircraft with flammable liquids (petrol stations),
7.: fixed installations or areas in flight fields in which fuel tanks of aircraft from hydrants are filled with flammable liquids (airfield refuelling systems),
8.: Installations for the refuelling of land, water and aircraft, in which installations according to points 3 and 6 are used in a spatial or operational context (refuelling facilities).

Flammable liquids as set out in points 4 to 6 of the first sentence shall be those set out in point 2.6 of Annex 1 to Regulation (EC) No 1272/2008, provided that they have a flashpoint of less than 23 degrees Celsius. An installation within the meaning of the first sentence shall also include measuring, control and control devices which are used for the safe operation of this installation. (2) Paragraph 1 shall not apply to:

1.: Installations in which water vapour or hot water is produced in a production process by heat recovery, unless flue gases are cooled and the water vapour produced or the hot water produced are not predominantly the Process plant, and
2.: Installations for the disposal of refrigerants, which are removed from a heat exchanger and filled into a transportable pressure device.

(3) The permission shall be requested in writing. A request for a partial permit is possible. The application shall be accompanied by all the documents necessary for the assessment of the application. It must be clear from the documents that the installation, design and operation are in accordance with the requirements of this Regulation and in respect of fire and explosion protection also in accordance with the provisions of the Dangerous Substances Regulation, and that the intended safety-related measures are appropriate. The dossier shall be accompanied by a test report from an approved monitoring body certifies that the plant is safe in compliance with the measures referred to in the documents, including the tests referred to in Annex 2, sections 3 and 4. (4) The competent authority shall give permission if the intended installation, design and operation also includes the safety requirements of this Regulation and also in respect of fire and explosion protection. of the Hazardous Substances Regulation. Permission may be limited, limited, granted under conditions, and subject to conditions. The subsequent inclusion, amendment or amendment of conditions shall be allowed. (5) The competent authority shall decide on the application within three months of the date on which it has received the request. The time limit may be extended in justified cases. The extended period shall be notified to the applicant, together with the reasons for the extension.

Section 4
Implementation rules and committee on operational safety

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§ 19 obligation to participate in the notification, official exceptions

(1) The employer shall immediately notify the competent authority of the following events in the case of work equipment in accordance with Annexes 2 and 3:

1.: any accident in which a person has been killed or has been seriously injured, and
2.: any claim in which components or safety equipment have failed.

The competent authority may, in the case of installations in need of surveillance, require the employer to have the event to be displayed in accordance with paragraph 1 at its cost by means of an approved monitoring centre, where possible by mutual agreement. In terms of safety, it is possible to assess and submit the assessment in writing. The safety assessment has to be extended, in particular, to the determination of:

1.: what the event is due to,
2.: whether the facility in need of surveillance was in a non-safe condition and whether there is no longer any risk after the defect has been remedied; and
3.: whether new findings have been obtained which require other or additional protective measures.

(3) Without prejudice to § 22 of the German Labour Protection Act (Arbeitsschutzgesetz), the employer shall, on request, forward the following to the competent authority:

1.: the documentation of the risk assessment in accordance with Section 3 (8) and the information on which it is based,
2.: proof that the risk assessment has been drawn up in accordance with the requirements laid down in Article 3 (2) sentence 2,
3.: information on the persons responsible according to § 13 of the German Labor Protection Act (Arbeitsschutzgesetz),
4.: Information on the protective measures taken, including the operating instructions.

(4) The competent authority may, at the written request of the employer, grant exemptions from Sections 8 to 11 and Annex 1 if the application of these rules to the employer in individual cases would result in a disproportionate degree of hardship, which Except for safety reasons, it is compatible with the protection of employees. The employer shall, at the request of the competent authority, state the following:

1.: the reason for applying for the derogation,
2.: the activities and procedures involved,
3.: the number of persons likely to be affected,
4.: the technical and organisational measures to be taken in order to ensure safety and to avoid hazards.

For its decision, the Authority may require an expert opinion, the cost of which must be borne by the employer. (5) The competent authority may, on a case-by-case basis, order an extraordinary examination in the case of installations in need of surveillance, if: there is a special occasion for this. Such an occasion exists, in particular, when a claim has occurred. The employer shall immediately arrange for an examination to be carried out. (6) The competent authority may reduce the time limits set out in Annex 2, sections 2 to 4 and Annex 3, in individual cases, to the extent that it is necessary to ensure the safety of the installations. is required. The competent authority may extend the time limits set out in Annex 2, sections 2 to 4 and Annex 3, in individual cases, provided that the security is ensured in a different way. Unofficial table of contents

Section 20 Special provisions for federal government-in-need

(1) The supervisory authority for the facilities in need of surveillance referred to in Annexes 2 to 4 to the service properties used by the Water and Shipping Administration of the Federal Government, the Federal Armed Forces and the Federal Police shall be the competent authority. Federal Ministry or the authority designated by it. The competent supervisory authority shall be determined in accordance with Section 38 (1) of the Product Safety Act for other surveillance systems subject to supervision by the Federal Administration in accordance with section 2 to 4 of Annex 2. (2) § 18 shall not apply. Application to the monitoring systems of the Federal Government, the Federal Armed Forces and the Federal Police, which are in need of surveillance in Annex 2, Section 2 to 4, to the water and shipping management. Unofficial table of contents

Section 21 Committee on operational safety

(1) The Federal Ministry of Labour and Social Affairs shall set up a Committee for operational safety. This committee shall consist of competent representatives of employers, trade unions, Länder authorities, statutory accident insurance and authorised monitoring bodies, as well as other competent persons, in particular: of science. The total number of members shall not exceed 21 persons. An alternate member shall be designated for each Member. The membership of the Committee on Operational Safety is honorary. (2) The Federal Ministry of Labour and Social Affairs convenes the members of the Committee and the alternates. The Committee shall adopt its rules of procedure and elect the chairman or chairman from his centre. The Rules of Procedure and the election of the chairman require the approval of the Federal Ministry of Labour and Social Affairs. (3) The tasks of the Committee include:

1.: Identify the state of science and technology, occupational medicine and hygiene, as well as other established scientific findings in the use of work equipment, and make recommendations to this effect,
2.: to determine how the requirements set out in this Regulation can be met, and to draw up the rules and findings relating to the state of the art and occupational medicine,
3.: Advising the Federal Ministry of Labour and Social Affairs on issues of safety and health protection in the use of work equipment and
4.: to evaluate the findings obtained by the authorised monitoring bodies in accordance with Article 37 (5) (8) of the Product Safety Act and to take account of the tasks referred to in points 1 to 3.

The work programme of the Committee on Operational Safety will be coordinated with the Federal Ministry of Labour and Social Affairs. The committee works closely with the other committees at the Federal Ministry of Labour and Social Affairs. (4) After examination, the Federal Ministry of Labour and Social Affairs

1.: announce the rules and findings established by the Safety Management Committee referred to in paragraph 3, first sentence, point 2, in the Joint Ministerial Gazan; and
2.: publish the recommendations referred to in paragraph 3, first sentence, point 1, and the results of the consultation referred to in paragraph 3, first sentence, point 3, in an appropriate manner

(5) The Federal Ministries and the competent supreme state authorities may send representatives to the meetings of the Committee. The Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (Federal Institute for Occupational Safety and Health) is responsible for giving the floor the floor at the request. (6)

Section 5
Irregularities and offences, final provisions

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§ 22 Administrative Offences

(1) In the sense of Section 25 (1) (1) of the German Labor Protection Act (Arbeitsschutzgesetz), who intentionally or negligently acts in accordance with the law of the law

1.: Contrary to the first sentence of Article 3 (1), the hazards that arise are not or are not properly assessed,
2.: , contrary to Article 3 (3), sentence 3, carries out a risk assessment,
3.: Contrary to the first sentence of Article 3 (6), the nature and extent of the necessary tests shall not be determined and determined;
4.: Contrary to § 3 (6) sentence 1, the time-limits for recurring examinations in accordance with § § 14 and 16 shall not be determined and established,
5.: , contrary to § 3 (7) sentence 4, a risk assessment shall not be updated or updated in good time,
6.: Contrary to § 3 (8) sentence 1, a result referred to in the first subparagraph shall not be documented or not
7.: , contrary to Article 4 (1), uses a working medium,
8.: Contrary to § 4 (4), it is not ensured that work equipment for which examinations are prescribed in § 14 or in Section 3 of this Regulation are used only if these tests have been carried out and documented,
9.: , contrary to Article 5 (2), a working medium can be used
10.: Contrary to Article 5 (4), it is not ensured that a worker uses only a working medium referred to in that paragraph,
11.: Contrary to Article 6 (1), second sentence, in conjunction with the first sentence of Annex 1, point 1.3, sentence 1, it does not ensure that an employee only takes part in a place specified therein,
12.: Contrary to Article 6 (1), second sentence, in conjunction with the first sentence of point 1.4 of Annex 1, it does not ensure that there is a body referred to in that paragraph,
13.: contrary to Article 6 (1), second sentence, in conjunction with Annex 1, point 1.5, a measure referred to therein shall not be taken or shall not be taken in time
14.: Contrary to Article 6 (1), second sentence, in conjunction with the first sentence of Annex 1, point 1.7, sentence 1, it does not ensure that the speed referred to therein can be adjusted,
15.: Contrary to Article 6 (1), second sentence, in conjunction with Annex 1, point 1.8, sentence 1, point (a), it does not ensure that a connecting device is secured,
16.: Contrary to Article 6 (1), second sentence, in conjunction with the first sentence of Annex 1, point 2.1, sentence 1, it does not ensure that the stability or the strength of a working agent referred to therein is ensured,
17.: contrary to Article 6 (1), second sentence, in conjunction with the fifth sentence of Annex 1, point 2.1, sentence 5, does not apply or correctly use a working medium referred to in that paragraph,
18.: Contrary to Article 6 (1), second sentence, in conjunction with the first sentence of Annex 1, point 2.2, sentence 1, it does not ensure that a working medium is provided with an indication mentioned therein,
19.: Contrary to Article 6 (1), second sentence, in conjunction with point 2.3.2 of Annex 1, it does not ensure that a working medium is braked and that an unwanted movement can be prevented,
20.: Contrary to Article 6 (1), second sentence, in conjunction with the second sentence of point 2.4 of Annex 1, it does not ensure that the lifting of an employee is carried out only by means of an equipment or supplementary equipment referred to in that paragraph,
21.: contrary to Article 6 (1), second sentence, in conjunction with point 2.5 (b) or (c) of Annex 1, it shall not ensure that loads are safely struck or loads or load-bearing or stop means do not unintentionally release or displace them ,
22.: Contrary to Article 6 (1), second sentence, in conjunction with the second sentence of Annex 1, point 3.2.3, sentence 2, it does not ensure that a framework referred to therein is established,
23.: Contrary to Article 6 (1), second sentence, in conjunction with the first sentence of Annex 1, point 3.2.6, the first sentence shall not ensure that a framework is to be built, disassembled or converted only in the manner referred to therein,
24.: Contrary to Article 6 (2) sentence 1, it is not ensured that a protective device is used,
25.: , contrary to Article 12 (1) sentence 1, information is not provided, not correct, not complete or not available in time,
26.: Contrary to Article 12 (1), second sentence, an employee is not, not correct, not fully or not subject to the right time,
27.: , contrary to § 12 (2) sentence 1, an operating instruction is not available, not correct, not complete or not available in time,
28.: the first sentence of Article 14 (1) or the first sentence of Article 14 (4) of the Regulation shall not allow a working medium to be examined or not
29.: , contrary to Article 14 (3), first sentence, a working medium cannot be subject to an extraordinary review or subject to a timely submission,
30.: Contrary to § 14 (7) sentence 1, it is not ensured that a result is recorded and stored,
31.: Contrary to Article 14 (7), second sentence, it does not ensure that a record gives information on that information, or
32.: , contrary to § 19 (3), a documentation, information, proof or indication not, not correct, not complete or not provided in good time.

(2) In the sense of Section 39 (1) (7) (a) of the Product Safety Act, who intentionally or negligently acts in the sense of the order of law

1.: Contrary to Article 6 (1), second sentence, in conjunction with the first sentence of point 4.1 of Annex 1, the system shall not ensure that a communication system is installed and effective;
2.: in accordance with Article 6 (1), second sentence, in conjunction with the second sentence of point 4.1 of Annex 1, the emergency plan shall not be made available or shall not be made available in time for the emergency service
3.: , contrary to Article 6 (1), second sentence, in conjunction with the third sentence of Annex 1, point 4.1, sentence 3, does not provide, or does not provide, a
4.: contrary to Article 6 (1), second sentence, in conjunction with point 4.2 of Annex 1, does not carry out maintenance measures pursuant to § 10,
5.: Contrary to Article 6 (1), second sentence, in conjunction with the first sentence of Annex 1, point 4.4, sentence 1, it does not ensure that a passenger retreat is used only by employees,
5a.: , contrary to Article 6 (1), second sentence, in conjunction with the second sentence of Annex 1, point 4.4, sentence 2, it shall be used by another person to use the circulation of persons,
6.: Contrary to Article 15 (1), first sentence, it does not ensure that a facility in need of surveillance is examined,
7.: In accordance with Article 16 (1), in conjunction with Annex 2, an installation in need of surveillance or a part of the plant cannot be examined or cannot be examined in good time,
8.: shall set up or operate an installation referred to in paragraph 18 (1), first sentence, without the authorisation,
9.: an enforceable arrangement in accordance with § 19 (5) sentence 1, or
10.: the act referred to in paragraph 1 (5) or (20) in respect of an asset in need of surveillance pursuant to Section 2 (30) of the Product Safety Act.

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§ 23 Crime

(1) Anyone who endangers the life or health of an employee by means of an intentional act referred to in § 22 (1) shall be liable to prosecution in accordance with Section 26 (2) of the German Labour Protection Act (Arbeitsschutzgesetz). (2) Any intentional act referred to in § 22 (2) shall be punishable by law. Persistently repeatedly or by such intentional act endangers the life or health of another or foreign matter of significant value, is punishable under § 40 of the Product Safety Act. Unofficial table of contents

Section 24 Transitional provisions

(1) The continued operation of a facility in need of authorisation, which was established and used before 1 June 2015, shall be permitted. Permission granted in accordance with the law applicable until that date shall be deemed to be a permit within the meaning of this Regulation. Section 18 (4), third sentence, shall apply to installations under sentences 1 and 2. (2) Elevator installations which were established and used before 1 June 2015 shall comply with the requirements of Annex 1, point 4.1, until 31 December 2020. By way of derogation from the first sentence, the contingency plan shall be completed within 12 months of the date of entry into force of this Regulation and shall be made available to the emergency service. If there is no need for emergency services, the emergency plan shall be placed near the elevator installation. Unofficial table of contents

Annex 1 (to section 6, paragraph 1, sentence 2)
Specific rules for certain work equipment

(Fundstelle: BGBl. I 2015, 63-69)
Content Summary

1.: Specific rules for the use of mobile, self-driving or non-self-proponent, work equipment
2.: Special provisions for the use of work equipment for lifting loads
3.: Specific rules on the use of work equipment in temporary work on high-quality jobs
4.: Special rules for lift facilities
5.: Special requirements for pressure equipment

1.

Specific rules for the use of mobile, self-driving or non-self-proponent, work equipment

1.1

Mobile work equipment must be equipped in such a way as to minimise the risk to passengers travelling with them. This also applies to the risks of the employees by contact with wheels and chains.

1.2

Hazards due to sudden blockage of energy transmission devices between mobile work equipment and their technical auxiliary equipment or trailers are to be avoided by technical measures. Where this is not possible, other measures are to be taken to prevent the workers from being exposed to danger. Measures shall be taken to prevent damage to the energy transfer devices.

1.3

The employer has to ensure that in the case of mobile work equipment employees are only involved in safe and for this purpose equipped places. If there is a possibility of tipping or overturning the work equipment, the employer has the right to To ensure that employees are not put at risk by the overturning or tipping of the work equipment by the following institutions:

a): a device that prevents the work equipment from tilting by more than a quarter turn,
b): a facility ensuring that sufficient clearance is maintained for employees with a driving force, provided that the tilting movement can be more than one quarter turn, or
c): another device with the same protective effect.

If a working employee can be squeezed between parts of the working medium and the ground during the overturning or tilting of the working medium, a restraining system for the working person must be present.

1.4

The employer shall ensure that there are facilities in the case of industrial trucks, which prevent the hazards of seated employees as a result of tipping or overturning of the industrial trucks. Such facilities are, for example,

a): a driver's cab,
b): equipment that prevents the tipping or overturning;
c): means ensuring that sufficient free space remains for the sitting employees between the corridor and parts of the industrial trucks in the case of tipping or overturning industrial trucks; or
d): Equipment by which the employees are held in the driver's seat, so that they cannot be captured by parts of an industrial truck that overtakes the driver's seat.

1.5

The employer shall take measures before the first use of mobile self-proponent work equipment to ensure that

a): can be secured against illegal inaction,
b): are equipped in such a way that it is possible to get in and out as well as to ascend and descend on an employee's journey,
c): are equipped with devices which reduce the damage caused by a possible collision of several rail-based working equipment as far as possible,
d): are provided with a braking device, if necessary, in addition, a fixing device must be present and a emergency braking device released by means of easily accessible command devices or an automatic emergency braking device must be provided for braking and stopping in the the failure of the main braking device to be carried out;
e): have suitable auxiliary devices, such as camera monitoring systems, to monitor the way of travel if the driver's direct view is not sufficient to ensure the safety of other workers,
f): in the case of use in the case of darkness, are provided with a lighting device suitable for the work to be carried out and providing sufficient safety for the workers;
g): provided that they themselves, or their trailers or cargoes, are at risk from fire, have adequate fire-fighting facilities, unless such fire-fighting equipment is sufficiently short at the place of use available,
h): if they are remote-controlled, automatically stop when they move out of the control area of the control,
i): provided that they are automatically controlled and, under normal conditions of use, collide or jam with employees, equipped with appropriate protective devices, unless other appropriate devices are used to: avoid the possibility of a collision, and
j): be equipped in such a way that uncontrolled movements can be secured by means of loads and devices to be carried.

1.6

The employer has to ensure that employees do not stay in the danger area of self-driving equipment. If, for operational reasons, the presence is unavoidable, the employer must take measures to minimise the risks of the employees.

1.7

The employer has to ensure that the speed of mobile work equipment, which is run by fellow workers, can be adjusted by the commuters. They must automatically come to a standstill immediately when the command devices are released.

1.8

The employer has to ensure that the connection facilities of mobile work equipment, which are connected to each other,

a): are secured against unintentional loosening and
b): can be operated safely and easily.

The employer shall take precautions to ensure that mobile work equipment or supplementary equipment can be connected or separated from one another without endangling the employees. Such compounds must not be able to be unintentionally released.

1.9

The employer shall ensure that:

a): self-propelled work equipment is only carried out by employees who are suitable for this purpose and who have received adequate training,
b): setting and complying with appropriate traffic rules for the use of mobile work equipment in a working area,
c): in the case of the use of mobile work equipment with an internal combustion engine, there is a safe breathing air,
d): Mobile work equipment shall be adjusted and secured during transport and loading and unloading in such a way as to avoid unintended movements of the means of work which may lead to the hazards of the employees.

2.

Special provisions for the use of work equipment for lifting loads

2.1

The employer shall ensure that the stability and strength of work equipment for the lifting of loads, their load-bearing devices and, where applicable, removable parts are ensured at all times. In this connection, it also has to take into account special conditions such as weather, transport, installation and dismantling, possible failures and planned tests, including with test load. If necessary after the risk assessment, the employer has work equipment. with a device that prevents the permissible load-bearing capacity from being exceeded. It is also necessary to take into account the loading of the suspension points or the anchorage points on the load-bearing parts. Dismountable and mobile working equipment for lifting loads must be set up and used in such a way that the stability of the The working medium is ensured and its tilting, displacement or slipping is prevented. The employer has to ensure that the correct implementation of the measures is checked by a specially instructed employee.

2.2

The employer shall ensure that work equipment for the lifting of loads is provided with a clearly visible indication of the permissible load-bearing capacity. If different operating conditions are possible, the permissible load-bearing capacity for the individual operating states is to be indicated. Load-receiving devices shall be marked in such a way that they can be identified for safe use of basic properties. Work equipment for the lifting of employees must be suitable for this purpose and clearly visible with references to this intended use.

2.3

The employer shall take measures to prevent the burden of the burden

a): they are unintentionally shifting dangerously, falling down, or
b): can be unintentionally hooked up.

If the presence of workers in the danger zone cannot be prevented, it is necessary to ensure that command facilities for the control of movements after they have been operated by themselves go back to the zero position and that the initiated Movement immediately interrupted.

2.3.1

The floor-controlled working medium for lifting loads must always be controllable for the controlling employee at maximum driving speed.

2.3.2

The employer has to ensure that working equipment for lifting loads during lifting, driving and turning movements can be braked and unintended movements of the working medium can be prevented.

2.3.3

Force-driven lifting movements of the working means for lifting loads must be limited. Rail tracks must be equipped with roadway boundaries.

2.3.4

If the use of work equipment for lifting loads can be jeopardised, and if the command device is not in the vicinity of the load, the working means must be equipped with warning devices.

2.3.5

The backlash of actuating devices of hand-operated work equipment for lifting loads must be limited.

2.4

In particular, the following special measures shall be taken in the case of the lifting or moving of workers:

a): Hazards caused by the crash of a load-receiving means are to be prevented with suitable devices. Load-receiving means must be checked for perfect condition on each working day.
b): It is necessary to prevent the falling out of workers from the person receiving means of the working means for lifting loads.
c): Risks caused by squeezing or jamming of the employees or collisions of employees with objects must be avoided.
d): In the event of disturbances in the person-receiving means, employees who have been stranded are to be protected from hazards and must be able to be exempted safely.

The employer has to ensure that the lifting of employees takes place only with the equipment and additional equipment provided for this purpose. By way of derogation, the lifting of workers by means of work not provided for this purpose shall, exceptionally, be permitted if:

a): the safety of workers is ensured in other ways;
b): in the course of the activity, appropriate supervision by a specially instructed person present shall be ensured,
c): the level of control of the working medium is constantly occupied,
d): the staff responsible for the management of the work equipment shall be specially instructed to do so,
e): Secure means of understanding are available and
f): there is a mountain plan for the case of danger.

2.5

The employer shall ensure that:

a): Employees are not threatened by hanging loads, in particular hanging loads are not moved over unprotected areas in which employees are usually employed,
b): the loads are safely struck,
c): loads, load absorption and stop means cannot be unintentionally released or moved,
d): workers are provided with adequate information on their characteristics and eligible areas of use when using load-bearing and stop means,
e): the compounds of stop agents are clearly marked, provided that they are not separated after use,
f): load-bearing and stop means are selected in accordance with the loads to be handled, the gripping points, the hooking-in devices, the weather conditions and the manner of the stop, and
g): Loads shall not be conducted with force-locking load-receiving means via unprotected employees.

2.6

Load-bearing and stop means are to be kept in such a way that they cannot be damaged and that their functionality cannot be impaired.

2.7

Special provisions for the use of work equipment for lifting unguided loads

2.7.1

If the areas of action of working means for lifting unguided loads overlap, appropriate measures must be taken to prevent hazards caused by collisions between the working means. Similarly, appropriate measures shall be taken to prevent the risks of workers from collisions with non-guided loads.

2.7.2

Appropriate measures are to be taken against the hazards of workers caused by crashes of uncontrolled loads. If the employee, who controls a work equipment for lifting uncontrolled loads, cannot observe the load either directly or through additional equipment throughout the entire route, he or she is to be shown by another employee.

2.7.3

The employer shall ensure that:

a): can be safely put in and out of hand by hand,
b): the employees can control the lifting and transport operations directly or indirectly,
c): all lifting operations with uncontrolled loads are planned and carried out in such a way as to ensure the safety of the employees. If a non-guided load is to be raised at the same time by two or more work equipment, it is necessary to establish and monitor a procedure which ensures the cooperation of the employees,
d): only those working means are used for the lifting of unguided loads which keep these loads safe even in the event of a partial or complete loss of energy; if this is not possible, appropriate measures must be taken to ensure that the safety of the vehicle is maintained. of the employees. Hanging, non-guided loads must be continuously monitored, unless access to the danger zone is prevented, the load was securely hooked up and is held securely in the suspended condition,
e): the use of work equipment for the lifting of non-guided outdoor loads is set if the weather conditions affect the safe use of the work equipment, and
f): the measures specified by the manufacturer of the working medium for lifting uncontrolled loads shall be taken; this shall apply in particular to measures taken against the tipping of the working medium.

3.

Specific rules on the use of work equipment in temporary work on high-quality jobs

3.1

General minimum requirements

3.1.1

These requirements shall apply in the case of temporary work at a high level of employment, using

a): Scaffold, including their up, down and dismantling,
b): Ladders and
c): of access and positioning procedures under the aid of ropes.

3.1.2

Where temporary work cannot be carried out in a safe manner and under appropriate ergonomic conditions from a suitable standing area at high-altitude workplaces, measures shall be taken to ensure that the risks to the work of the workers are not met. In the selection of access resources to high-quality workplaces where temporary work is carried out, the difference in altitude and the type, duration and frequency of use are to be exceeded. shall be considered. In principle, work stilts are not to be regarded as suitable work equipment. The selected means of access must also enable the escape in the event of a threat of danger. In the case of access to the high place of work and in the course of leaving the workplace, there must be no additional risk of falling down.

3.1.3

All facilities serving as temporary high-altitude workplaces or as access to it shall in particular be designed, dimensioned, positioned, supported, stiffened and anchored in such a way as to ensure that they are used in the intended use will be able to absorb and infer loads. The devices must not be overloaded and must also be stable during the individual construction states and the entire time of use.

3.1.4

The use of ladders as high-altitude workplaces and of access and positioning procedures with the aid of ropes is permitted only in those cases where:

a): because of the low risk and because of the limited duration of use, the use of other, safer working equipment is not proportionate and
b): the risk assessment shows that the work can be carried out safely.

3.1.5

Crash protection measures must be provided for working equipment with a risk of falling. These devices must be designed and designed in such a way as to prevent crashes and to prevent injuries to workers as far as possible. Fixed crash fuses may only be interrupted at access to ladders or stairs. If fixed crash fuses cannot be used in individual cases, other facilities must instead be available for collecting abusive employees (for example, trapping networks). Individual crash insurance for the employees is only permitted on an exceptional basis in the justified individual case.

3.1.6

If an activity can only be carried out if a fixed protection against the crash is temporarily removed, effective replacement measures must be taken for the safety of the employees. The activity may not be carried out until these measures have been implemented. If the activity is temporarily or permanently completed, the fixed crash insurance must be re-attached without delay.

3.1.7

When scaffold is set up and dismantled, appropriate protective measures are to be taken on the basis of the risk assessment, which always ensures the safety of the employees.

3.1.8

Temporary work on high-quality workplaces may only be carried out in the open air using scaffolders, including their assembly, conversion and dismantling as well as ladders and access and positioning procedures, with the aid of ropes only if the weather conditions do not affect the safety and health of the employees. In particular, work may not be started or continued if weather conditions, in particular by strong or gusty wind, icing or snow, have the possibility of falling down or falling or falling or falling or falling or falling or falling or falling or falling or falling or falling or falling or falling or falling or falling or falling. falling parts are injured.

3.2

Specific rules for the use of scaffold

3.2.1

If the chosen scaffold cannot be built according to a generally accepted rule execution, a separate strength and stability calculation is to be carried out for the scaffold or individual areas thereof.

3.2.2

The employer responsible for the scaffolding work, or a person designated by him, has to draw up a plan for the structure, use and dismantling, depending on the complexity of the scaffolding chosen. This can be a general setup and usage guidance, which is supplemented by detailed information for the respective framework.

3.2.3

The stand safety of the scaffold must be ensured. The employer has to ensure that scaffolders that are not free-standing are anchored prior to use. The stands of a scaffolding must be protected against the possibility of slipping, by being fixed to the supporting surface by means of a anti-skid device or by another, equally suitable means. The loaded surface must have sufficient load-bearing capacity. The inadvertent movement of mobile scaffold during work at high-altitude workplaces must be prevented by suitable devices. During the stay of employees on a mobile scaffold, this must not be moved away from the location.

3.2.4

The dimensions, the shape and the arrangement of the running surfaces and working surfaces on scaffold must be suitable for the activity to be carried out. They must be adapted to the expected stress and allow for safe walking. They are very close to each other and can be laid in such a way that they cannot be wiped and not slipped during normal use. There must be no intermediate space between the individual scaffold surfaces and the side protection, which can lead to the risks of employees.

3.2.5

Where certain parts of a framework cannot be used, in particular during construction, removal or rebuilding, these parts shall be marked with the prohibition sign 'Access prohibited' and shall be adequately controlled by barriers preventing access to these parts .

3.2.6

The employer has to ensure that scaffolding is to be built up, down or converted only under the supervision of a competent person and after instruction in accordance with § 12 of the employees who are technically suitable for this purpose. In particular, the briefing shall cover information on:

a): the plan for the establishment, reorganisation or conversion of the scaffolent concerned;
b): the safe establishment, removal or conversion of the relevant framework;
c): preventive measures against the hazards of workers by crashing or falling objects,
d): safety measures in the event of a change in weather conditions in such a way as to affect the safety and health of the workers concerned;
e): permissible loads,
f): all other hazards, possibly related to the up, down or conversion.

The competent person who supervises the work of the scaffolding and the employees concerned shall have the plan provided for in point 3.2.2 with all the instructions contained therein prior to the start of the activity.

3.3

Specific rules for the use of ladders

3.3.1

The employer may make available to employees only those ladders which are suitable for the activity to be carried out in accordance with their design.

3.3.2

Ladders must be able to be positioned safely and safely accessible during use. Ladders must also be secured against overthrow if the nature of the activity to be carried out requires this. Portable ladders must be placed on a supporting, immovable and sufficiently dimensioned subsurface in such a way that the steps remain in the horizontal position. Hangers are to be secured against inadvertent suspension. They must be secure and, with the exception of knitting ladders, so fixed that they cannot slip or fall into a pendulating movement.

3.3.3

The slippage of the conductor feet of portable ladders shall be carried out during the use of these ladders either by fixing the upper or lower part of the beams, by means of a anti-skid device or by another measure which is the same as prevent. Ladders used as ascent must be such that they project far enough beyond the exit point, unless other devices allow safe detention. [0050] Plug conductors or sliding conductors consisting of a plurality of parts are to be used in such a way that the conductor parts remain unmovably connected to one another. Mobile ladders shall be locked prior to their use in such a way that they cannot roll away.

3.3.4

Ladders are to be used in such a way that employees can be safe and secure at all times. If a load has to be carried on a ladder, this must not prevent safe holding.

3.4

Special provisions for access and positioning procedures with the aid of ropes

3.4.1

When using an access and positioning procedure with the aid of ropes, the following conditions must be met:

a): The system must consist of at least two separate ropes, one being used as access, lowering and holding means (working rope) and the other serving as a securing means (safety rope).
b): The employer shall ensure that the employees use appropriate catchbelts via which they are connected to the safety cable.
c): The system shall provide a seat with appropriate accessories which is connected to the working cable.
d): The working rope must be equipped with safe means for the installation and abseiling. This includes a self-assurance system that prevents a crash when employees lose control over their movements. The safety cable is to be equipped with a movement-synchronised, movable roll-off protection device.
e): The tool and other accessories to be used by the workers shall be fixed to the harness or seat thereof, or by recourse to other, equally suitable means, in such a way as to ensure that it does not fall off and is easily accessible.
f): The work is to be carefully planned and supervised. The employer has to ensure that the employees can be provided with immediate assistance if necessary.
g): The employees who use access and positioning procedures using ropes must be specially instructed in the working procedures provided for, in particular with regard to the rescue procedures.

3.4.2

By way of derogation from point 3.4.1, the use of a single rope shall be permissible if the risk assessment shows that the use of a second rope would pose a greater risk to the work, and appropriate measures are taken in order to ensure the safety of employees in other ways. This is to be stated in the documentation of the risk assessment.

4.

Special rules for lift facilities

4.1

Those who operate an elevator installation in accordance with point 2 (2) (a) or (b) of Annex 2 shall ensure that an effective two-way communication system is installed in the elevator car of the elevator system, which is subject to continuous emergency services. can be. An emergency plan shall be prepared for each elevator installation and shall be made available to the emergency service prior to its entry into service, so that the emergency service can respond appropriately to emergency calls without delay and immediately initiate appropriate assistance measures. The necessary facilities for the exemption are to be provided in the immediate vicinity of the plant before the commissioning. The emergency plan must contain at least:

a): Location of the elevator installation,
b): responsible employer,
c): persons who have access to all facilities of the facility,
d): Persons who are able to make an exemption
e): Contact details of persons who can provide first aid (for example, emergency doctor or fire brigade),
f): information on the probable start of a waiver; and
g): the emergency relief line for the elevator installation.

The rates 1 to 4 shall not apply to construction site elevators and facade systems referred to in Annex 2 (2) (2) (b).

4.2

Those who operate an elevator installation in accordance with section 2 (2) of Annex 2 shall take the maintenance measures according to § 10, taking into account the nature and intensity of the use of the installation.

4.3

In the immediate vicinity of an elevator installation in accordance with Annex 2, point 2, point 2, there shall be no facilities which may jeopardizate the safe operation.

4.4

The employer shall ensure that the circulation of persons is only used by employees who have been instructed by him. The employer shall only be allowed to use passenger train lifts of persons other than employees if he or she meets appropriate measures for the protection of other persons from hazards caused by circulation of persons. Where technical protection measures are not or are not sufficient, the employer shall ensure the necessary protection of such persons by means of other measures; in particular, he shall have the potential hazards to the other persons in respect of: to make known the use of circulation elevators, to lay down the necessary rules of conduct for use and to make the necessary arrangements to ensure that these rules of conduct are respected by the other persons.

4.5

The engine compartment of an elevator installation referred to in Annex 2 (2) (2) may only be accessible to persons entitled to access to the elevator.

4.6

Those who operate an elevator installation in accordance with Annex 2, Section 2, point 2, shall regularly subject them to an inspection and functional check in accordance with Article 4 (5) sentence 3.

5.

Special requirements for pressure equipment

5.1

A written work programme shall be drawn up for the testing of printing equipment. This should include the individual steps and the measures to be adopted for this purpose on the basis of the risk assessment, so as to minimise the risks associated with the test.

5.2

Printing plants may only be installed and operated in places suitable for this purpose. They shall not be situated and operated at such places where this may lead to the hazards of employees or other persons.

5.3

Steam boilers must be supplied with the amount of feedwater required for safe operation, as long as they are heated.

5.4

Pressure gases may only be filled into suitable containers.

Unofficial table of contents

Annex 2 (to § § 15 and 16)
Testing requirements for equipment in need of surveillance

(Fundstelle: BGBl. I 2015, 70-86)
Section 1Authorized Monitoring Points

1.

Approval of monitoring bodies admitted for the tests prescribed or arranged in accordance with this Annex shall be notified in accordance with Article 37 (1) and (2) of the Product Safety Act. In addition to the requirements of Article 37 (5) of the Product Safety Act, the following conditions must be fulfilled for the granting of the power: the approved monitoring body must:

a): have a liability insurance with a cover sum of at least 2.5 million euros,
b): shall be able to carry out at least the inspection of all installations in need of surveillance in accordance with sections 2, 3 or 4,
c): have a management responsibility for ensuring that the audit activities are carried out in accordance with the provisions of this Regulation,
d): apply an adequate, effective quality assurance system with regular internal audit,
e): ensure that persons engaged in examinations are entrusted with the task of carrying out such tasks only in the course of which the impartiality of the persons concerned is maintained, and
f): have a remuneration system in which the remuneration of the persons employed by the exams is not directly dependent on the number of examinations carried out or on the results of such tests.

2.

Approval of inspection bodies of companies and group of companies As approved monitoring centres, test sites of companies and groups of undertakings within the meaning of Article 37 (5) sentence 3 of the Product Safety Act may be appointed if this is the case , the conditions set out in point 1, third sentence, points (c) to (f) are fulfilled and the test bodies are

a): shall be demarcable,
b): within the undertaking or group of undertakings, by means of reporting procedures which ensure and substantiate their impartiality,
c): are not responsible for the planning, manufacture, distribution, operation or maintenance of the equipment in need of surveillance,
d): do not pursue activities which may conflict with the independence of their assessment and their reliability in the context of their review work, and
e): work exclusively for the company or group of companies.

The test sites may only be designated for tests on equipment in need of surveillance within the meaning of Sections 3 and 4. A group of companies within the meaning of the first sentence belong to companies in accordance with § § 16 and 17 of the German Stock Corporation Act (Aktiengesetz) and joint ventures in which the company, which belongs to the audit office, holds more than 50 percent of the company's participation.

Section 2elevator installations

1.

Scope and objective This section shall be used for the examination of the lifts referred to in point 2 prior to the initial entry into service and after verifiable changes as well as for periodic tests. The tests shall be carried out with the aim of ensuring the safe operation of the elevator installation until the next inspection. The test shall include all the safety devices to be used for the safe use of the elevator installation, such as an overpressure ventilation system or emergency power supply of fire-fighting lifts. The tests carried out in accordance with this section shall take account of equivalent results of tests carried out in accordance with other federal and state legislation.

2.

Definitions of elevator installations within the meaning of point 1 shall be:

a)

Elevator installations within the meaning of Directive 2014 /33/EU of the European Parliament and of the Council of 26 February 2014 on the approximation of the laws of the Member States relating to lifts and safety components for lifts (OJ L 376, 27.11.2014, p. OJ L 96, 29.3.2014, p.251),

b)

Machinery within the meaning of point 17 of Annex IV to Directive 2006 /42/EC of the European Parliament and of the Council of 17 May 2006 on machinery and amending Directive 95 /16/EC (recast) (OJ L 327, 30.4.2006, p. 24), provided that they are machinery which:

aa): are temporarily installed or installed in order to transport persons or persons and goods during construction or repair work to the different levels of the floor of a building or floor of a framework or structure (construction site elevators), or
bb): shall be installed, installed and used in a fixed and permanent manner, including installations which are associated with buildings intended to accommodate persons with and without the equipment and material, and whose working platforms are suspended on carrying means by: Elevators or through elevators and chassis are moved (facade-based lift systems).

The following machines are excluded:

aa): Ship lift,
bb): Equipment and installations for the control of the shelf,
cc): Escalators and moving walkways,
dd): Inclined paths, but not inclined elevators,
ee): Hand-operated elevator systems;
ff): Conveyors permanently connected to cranes and intended for the carriage of the crane drivers,
gg): Retractable tax houses on inland waterway vessels,

c)

People's circulation elevators.

3.

Testing of elevator systems before commissioning and after verifiable changes

3.1

Elevator installations within the meaning of the first sentence of point 2 shall be examined by an approved monitoring centre prior to the first entry into service.

3.2

The elevator installations referred to in point 2 shall be checked by an approved monitoring centre before re-commissioning, subject to changes in the test subject to the verifiable requirements.

3.3

In the case of the test referred to in points 3.1 and 3.2, it shall be examined whether:

a): the technical documentation, such as the EC declaration of conformity and the emergency plan, is available and the content of the emergency relief manual is plausible,
b): the elevator installation has been established in accordance with this Regulation and can be safely used; and
c): the electrical installation of the elevator installation is correct and the emergency call forwarding to a permanently occupied location is guaranteed.

The examination subject to a change subject to a test may be limited to verifying that the elevator installation has been properly modified and that it is functioning safely.

4.

Recurring testing of elevator systems

4.1

Any elevator installations referred to in point 2 shall be periodically reviewed by an approved inspection body (main test). The test shall include the examination of the safety of the electrical installation, as far as it is necessary for the assessment of the safe use of the elevator installation. The time limits for the recurrent tests shall be determined by the employer in accordance with Article 3 (6), taking into account the necessary maintenance measures in accordance with point 4.2 of Annex 1. The test period shall not exceed two years. Section 16 (2) shall apply accordingly. If, in the course of an examination, the approved monitoring body finds that the test deadline is not applicable, the employer shall, in coordination with the approved monitoring body, reduce the test period. If the employer does not agree to the reduction, he/she shall reach a decision of the competent authority.

4.2

The examination referred to in the first sentence of point 4.1 shall determine whether:

a): the technical documentation required for the examination, in particular the EC declaration of conformity and the contingency plan, and the content of the emergency relief manual is plausible and
b): the elevator installation is in a state corresponding to this Regulation and may be used safely.

4.3

In addition to the test referred to in point 4.1, a test shall be carried out between two tests referred to in point 4.1 in the middle of the test period (intermediate examination). Section 14 (5) shall apply accordingly. In the case of the test referred to in the first sentence, it shall be examined whether the elevator installation is in a state corresponding to this Regulation and may be used safely. The test shall be carried out by an approved monitoring centre.

Section 3Explosive hazards

1.

Scope and objective This section applies to tests of work equipment and tests of technical measures in potentially explosive atmospheres according to § 2 (14) of the Hazardous Substances Ordinance. The tests shall be carried out with the aim of ensuring the protection against hazards caused by explosions and fires at least until the next inspection. The tests shall also determine the effectiveness and the function of the technical protection measures taken in accordance with this Regulation and the Hazardous Substances Regulation. The tests carried out in accordance with this section shall take account of equivalent results of tests carried out in accordance with other federal and state legislation.

2.

Definition plants in potentially explosive atmospheres are the totality of explosion-protection-relevant working materials, including the connecting elements as well as the explosion-protection-relevant parts of the building.

3.

Persons capable of testing

3.1

A person qualified for examination within the meaning of this Section shall be beyond the qualification referred to in Article 2 (6).

a): have a technical vocational training or other technical qualification sufficient for the examination tasks to be carried out,
b): have at least one year of experience in the manufacture, assembly, operation or maintenance of the installations or components to be tested within the meaning of this Section; and
c): Maintain their knowledge of explosion hazards by participating in training or teaching.

3.2

In order to carry out the tests referred to in point 4.2, the persons qualified for the examination must, in addition to point 3.1, be required to have a qualification corresponding to the task of the competent authorities and the necessary qualifications for the examination. Test facilities. The first sentence shall not apply if equipment, protective systems or safety, control or regulating devices within the meaning of Directive 2014 /34/EU are subjected to an inspection by the manufacturer after the repair and the manufacturer confirms that the Equipment, the protection system or the safety, control or regulating device in the characteristics essential to explosion protection shall comply with the requirements of this Regulation.

3.3

By way of derogation from point 3.1, a person capable of testing shall carry out the tests referred to in points 4.1 and 5.1,

a)

beyond the qualification referred to in Article 2 (6), have one of the following qualifications:

aa): a relevant course of study,
bb): relevant vocational training,
cc): comparable technical qualifications or
dd): another technical qualification with many years of experience in the field of security technology,

b)

possess comprehensive knowledge of explosion protection, including the associated control mechanism,

c)

have been able to demonstrate relevant professional experience from a time-related activity,

d)

keep their knowledge of explosion protection up-to-date and

e)

continue to regularly participate in a relevant exchange of experience in the field of explosion protection.

3.4

By way of derogation from § 3, where an inspection body approved for testing in potentially explosive atmospheres carries out tests in accordance with points 4 and 5, which may also be carried out by a qualified person in accordance with point 3 above, In the second sentence of paragraph 1, the second sentence of paragraph 1 shall be replaced by a record in accordance with the first sentence of Article 17 (1).

4.

Inspection before commissioning, after verifiable changes and after repair

4.1

Installations in potentially explosive atmospheres shall be tested for explosion safety prior to initial entry into service and subject to verifiable changes. The explosion protection concept and the zone classification set out in the explosion protection document according to § 6 (9) (2) of the Hazardous Substances Regulation must be taken into account. The examination shall state whether:

a): the technical documentation required for the examination is fully available;
b): the installation is constructed and in a safe condition in accordance with this Regulation; and
c): the established technical and organisational measures are effective.

In addition, in the case of installations according to § 18 sentence 1 (1) (3) to (8), it must be examined whether the necessary measures for fire protection are complied with. With the exception of the installations according to § 18 sentence 1 (1) (3) to (8), the tests may also be carried out by a Test qualified person in accordance with point 3.3.

4.2

Equipment, protective systems and safety, control or regulating devices within the meaning of Directive 2014 /34/EU may not be put into operation again after a repair has been carried out with regard to a part from which the explosion protection depends, after the repair has been carried out. a person qualified for the examination referred to in point 3.2 has found that the part in the essential characteristics for explosion protection meets the requirements laid down.

5.

Recurrent Checks

5.1

Installations in potentially explosive atmospheres shall be tested at least every six years for explosion safety. The explosion protection document and the zone classification shall be taken into consideration. The examination shall state whether:

a): the technical documentation required for the examination is fully available and its contents are plausible,
b): the tests referred to in points 5.2 and 5.3 have been carried out in full,
c): the installation is in a state corresponding to this Regulation and may be used safely,
d): the technical and organisational measures laid down are effective, and
e): the maintenance concept referred to in point 5.4 is effective.

In addition, in the case of installations in accordance with Article 18 (1), first sentence, points 3 to 8, it must be checked whether the necessary measures for fire protection are complied with. With the exception of the installations according to § 18 (1), first sentence, points 3 to 8, the tests may also be carried out by one of the following: Test qualified person in accordance with point 3.3.

5.2

In addition to the test referred to in the first sentence of point 5.1, equipment, protective systems, safety, control and control devices as defined in Directive 2014 /34/EU shall be with their connecting devices as part of an installation in a potentially explosive atmosphere. zone and its interactions with other parts of the plant at least once every three years. The test may be carried out by a person qualified for examination in accordance with point 3.1.

5.3

In addition to the tests referred to in the first sentence of point 5.1 and point 5.2, ventilation systems, gas warning devices and inerting facilities shall be considered on a recurring basis every year. The test may be carried out by a person qualified for examination in accordance with point 3.1.

5.4

The periodic tests referred to in points 5.2 and 5.3 may be waived if, in the context of the documentation of the risk assessment, the employer has established a maintenance concept which is equivalent to ensuring that a safe The state of the plants is maintained and the explosion safety is permanently ensured. The effectiveness of the maintenance concept shall be assessed in the context of the examination referred to in point 4.1. The work and measures carried out in the course of the change and repair design shall be documented and shall be presented to the Authority upon request.

Section 4Pressure Equipment

1.

Scope and objective This section shall apply to the testing of the pressure equipment (installations and plant parts listed in points 2.1 and 2.2) prior to the initial entry into service and subject to verifiable changes as well as for periodic tests. The tests shall be carried out with the aim of ensuring the safe operation of the printing system until the next inspection. In the course of the test, the safety-relevant installation and environmental conditions as well as in steam boiler installations shall be included in the installation space. The tests shall also determine the effectiveness and function of the technical protection measures taken in accordance with this Regulation and the Hazardous Substances Regulation. The tests carried out in accordance with this section shall take account of equivalent results of tests carried out in accordance with other federal and state legislation.

2.

Definitions

2.1

Pressure equipment within the meaning of point 1 shall be

a)

Steam boiler systems, which include heated superheated pressure equipment for the production of steam or hot water with a temperature of more than 110 degrees Celsius,

b)

Pressure vessel systems other than steam boilers,

c)

Plants for the filling of compressed, liquefied or pressurized gases, including storage and storage tanks (filling plants), intended to fill in the following containers, equipment or vehicles:

aa): Pressure vessels for the storage of gases with gases from transportable pressure equipment,
bb): Transportable pressure equipment with gases,
cc): land, water or aircraft with gases for use as propellant or fuel,

d)

Pipe systems with internal overpressure for gases, vapours or liquids classified in accordance with Regulation (EC) No 1272/2008 in Annex I to Annex I to this Regulation:

aa): as flammable gases in point 2.2,
bb): as flammable liquids in point 2.6, provided that they have a flashpoint of not more than 55 degrees Celsius,
cc): as pyrophoric liquids in point 2.9,
dd): as acutely toxic in point 3.1.2 category 1 or 2, or
ee): as corrosive in point 3.2.2.6.

Printing units must be at the same time or contain:

a): Pressure equipment within the meaning of Directive 2014 /68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the provision of pressure equipment on the market (OJ L 327, 30.4.2014, p. 164), with the exception of pressure equipment within the meaning of Article 4 (3) of this Directive,
b): Transportable pressure equipment within the meaning of Directive 2010 /35/EC of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76 /767/EEC, 84 /525/EEC, 84 /526/EEC, 84 /527/EEC and 1999 /36/EC 1), where Article 1 (3) of Directive 2010 /35/EC does not apply, or
c): simple pressure vessels within the meaning of Directive 2014 /29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the provision of simple pressure vessels on the market (OJ L 327, 22.11.2014, p. 45), with the exception of simple pressure vessels with a pressure-content product of not more than 50 bar-litres.

2.2

Plant parts within the meaning of point 1 are

a): Pressure equipment referred to in point 2.1, second sentence, point (a), which are pressure vessels,
b): Pressure equipment referred to in point 2.1, second sentence, point (a), which are steam or hot water producers,
c): Pressure equipment referred to in point 2.1, second sentence, point (a), which are the pipelines for the fluids listed in point 2.1, first sentence, point (d);
d): simple pressure vessels according to point 2.1, second sentence, point (c),
e): Transportable pressure equipment according to point 2.1, second sentence, point (b

The parts of the equipment are assigned to their equipment within the meaning of Article 2 (4) of Directive 2014 /68/EU, and all other equipment that influences safety.

2.3

Allocation of asset parts in accordance with point 2.2 to point 5.9 Table 3 to 11:

a)

Superheated liquids are liquids whose steam pressure at the maximum permissible temperature is more than 0.5 bar above the normal atmospheric pressure (1.013 bar).

b)

Fluid Group 1 shall comprise fluids classified in accordance with Regulation (EC) No 1272/2008 as follows:

aa): explosive substances/mixtures referred to in point 2.1 of Annex I,
bb): flammable gases referred to in point 2.2 of Annex I,
cc): flammable liquids referred to in point 2.6 of Annex I,
dd): Pyrophoric liquids referred to in point 2.9 of Annex I,
ee): acutely toxic in accordance with Annex I, point 3.1.2, Category 1,
ff): acutely toxic in accordance with Annex I, point 3.1.2, Category 2,
gg): oxidising liquids referred to in point 2.13 of Annex I,
hh): oxidising gases in accordance with point 2.4 of Annex I.

Fluid group 1 includes flammable liquids in category 3 only if, in use, the maximum permissible temperature is above the flashpoint, but limited to a flashpoint of 55 degrees Celsius. The fluid group comprises all fluids which are not mentioned under fluid group.

c)

Corrosive substances are those set out in point 3.2.2.6 of Annex I to Regulation (EC) No 1272/2008.

2.4

For the assignment of parts of the plant in accordance with point 2.2 to point 5.9, Tables 2 to 11, the maximum allowable pressure PS specified by the manufacturer may also be replaced by the employer specified and by a safety equipment the permissible operating pressure PB shall be used as the basis for the operation. This operating pressure shall be documented in the risk assessment and shall be included in the test certificate or the record of the test before the initial entry into service or on the test after a change in the test subject.

3.

Person qualified for examination A person qualified for examination within the meaning of this Section shall be beyond the qualification referred to in Article 2 (6)

a)

possess relevant technical vocational training,

b)

have at least one year of experience in the manufacture, assembly, operation or maintenance of the installations or components to be tested within the meaning of this Section; and

c)

maintain their knowledge of pressure hazards by participating in training courses or teachings, in particular on the following topics:

aa): Design and production processes,
bb): equipment and hedging concepts;
cc): Installation, installation (installation) and operation or use,
dd): its intended use,
ee): Risk assessment,
ff): tests, test tests, test procedures, including the evaluation of the results and
gg): In practice, relevant influences and damage images.

4.

Testing of pressure equipment before commissioning and subject to verifiable changes

4.1

Installations referred to in point 2.1, including their parts referred to in point 2.2, shall be examined prior to the initial entry into service and subject to verifiable changes. The test shall be carried out by an approved monitoring centre. By way of derogation, the examination may be carried out by a person capable of examination, if the installation is composed exclusively of parts of the plant which, prior to the initial entry into service or subject to verifiable changes, correspond to: Point 5.9 Table 2 to 11 may be examined by a person capable of examination. Sentence 3 shall not apply to installations containing piping as set out in the third sentence of point 5.5. Steam boiler installations for the production of steam or hot water, which have been out of service for more than two years, may not be put into service until their plant parts have been subjected to an internal test in accordance with point 2.2 (b).

4.2

In the case of pre-commissioning tests, it shall be examined whether:

a): the technical documentation required for the examination, such as the EC declaration of conformity, is available and its contents are plausible and
b): the installation, including the parts of the plant, has been established in accordance with this Regulation and is in a safe condition.

The examination subject to a verifiable amendment shall be limited to verifying that the installation has been amended in accordance with the provisions of this Regulation and that it is functioning safely.

5.

Periodic inspections of plants and plant parts

5.1

Installations referred to in point 2.1 and their parts referred to in point 2.2 shall be considered as recurrent. The test shall, in principle, be carried out by an approved monitoring centre. The test responsibilities for parts of the plant which deviate from the second sentence are set out in point 5.9, Tables 2 to 9. If an installation is composed exclusively of parts of the plant which may be tested on a regular basis by a person capable of being examined, the system may be reviewed by a person qualified for examination.

5.2

In the case of the periodic examination, to determine whether:

a): the technical documentation required for the examination is available and its contents are plausible,
b): the installation is in a state corresponding to this Regulation and can be safely used, and
c): the established technical and organisational measures are effective.

5.3

The test period for the installation referred to in point 2.1, to be determined by the employer in the context of the risk assessment, shall not exceed ten years.

5.4

The test period to be determined in accordance with Article 3 (6) in the context of the risk assessment shall be determined in the case of installations under this section at the latest within six months of the installation of the installation.

5.5

Periodic testing of the parts of the plant referred to in point 2.2 shall consist of external tests, internal tests and strength tests. The test responsibilities deviating from the second sentence of point 5.1 are set out in point 5.9, Tables 2 to 11. However, in the case of pipes with DN > 25 and PS > 0,5 bar for gases, vapours or superheated liquids which are acutely toxic in accordance with Annex I, point 3.1.2, category 1 of Regulation (EC) No 1272/2008, the recurrent tests shall always have to be carried out by a authorised monitoring centre.

5.6

External testing of plant parts can be omitted

a): in the case of pressure vessels referred to in point 2.2 (a), unless they are fire-heated, gas-heated or electrically heated, and
b): for simple pressure vessels referred to in point 2.2 (d).

In the case of pipelines referred to in point 2.2 (c), internal tests may be omitted.

5.7

In the case of external and internal testing of parts of the plant, it is possible to

a): Visits by other procedures and
b): static pressure samples for strength tests by non-destructive methods,

if the employer presents a test concept which is confirmed by an approved monitoring centre and with which statements of equivalent safety are achieved. On the basis of a test concept, measures can also be defined on the basis of which a test statement can be made without the need for the installation or plant parts to be taken out of service. A test result must not be transferred from one installation to another.

5.8

The maximum time limits laid down in Table 1 shall apply to parts of the plant which are to be considered recurrent by an approved monitoring body in accordance with the provisions of point 5.9, Tables 2 to 11.

Table 1
Maximum time limits for the recurrent tests
by an approved monitoring centre

TestingIntest Internal Audit Test-Test

Steam boilers in accordance with point 5.9 Table 2	1 year	3 years	9 years
Pressure vessels according to point 5.9, Tables 3, 4, 5 and 6	2 years (Derogations according to point 5.6, sentence 1)	5 years	10 years
Simple pressure vessels according to point 5.9 Table 7	-	5 years	10 years
Piping according to point 5.9, Table 8, 9, 10 and 11	5 years	-	5 years

5.9

The test period to be determined by the employer within the framework of a risk assessment shall not exceed ten years for parts of the plant which are to be examined in accordance with Tables 2 to 9 on a recurrent basis by a person capable of examination. By way of derogation from the first sentence, the time limit for the strength tests may be extended to 15 years if, in the context of the external or internal examination, it is proved that the plant can be operated safely. The proof shall be shown in the documentation of the risk assessment.

Table 2
Assignment and testing of heated
Pressure equipment at risk of overheating for the production of steam or hot water
At a temperature of more than 110 degrees Celsius in accordance with point 2.2, first sentence, point (b)

Test group V [liter] PS [Bar] Test group limits PS ⋅ V [Bar ⋅ Litre] Check before Commissioning Remission Test Outer Test Inner Testing strength test

I	> 2	> 0.5	≤ 50	bP	bP	bP	bP
II	> 2	> 0.5 ≤ 32	50 < PS ⋅ V ≤ 200	bP	bP	bP	bP
III	≤ 1 000	> 0.5 ≤ 32	200 < PS ⋅ V ≤ 1 000	ZÜS	bP	bP	bP
III	≤ 1 000	> 0.5 ≤ 32	1 000 < PS ⋅ V ≤ 3 000	ZÜS	ZÜS	ZÜS	ZÜS
IV	PS > 0.5 and V > 1 000 or PS > 32 or PS ⋅ V > 3 000			ZÜS	ZÜS	ZÜS	ZÜS