Ordinance on the protection of hazardous substances (Hazardous Substances Ordinance-GefStoffV)
Unofficial table of contents
GefStoffV
Date of completion: 26.11.2010
Full quote:
" Hazardous Substances Regulation of 26 November 2010 (BGBl. I p. 1643, 1644), as last amended by Article 2 of the Regulation of 3 February 2015 (BGBl. 49) has been amended "
| Status: |
Last amended by Art. 2 V v. 3.2.2015 I 49 |
For more details, please refer to the menu under
Notes
Footnote
(+ + + Text evidence from: 1.12.2010 + + +)
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 24/98 (CELEX Nr: 31998L0024)
EGRL 39/2000 (CELEX Nr: 32000L0039)
ERL 15/2006 (CELEX Nr: 32006L0015)
EURL 161/2009 (CELEX Nr: 32009L0161)
ERL 37/2004 (CELEX Nr: 32004L0037)
EGRL 148/2009 (CELEX Nr: 32009L0148)
EWGRL 548/67 (CELEX Nr: 31967L0548)
EGRL 45/99 (CELEX Nr: 31999L0045)
ERL 8/98 (CELEX Nr: 31998L0008)
ERL 59/96 (CELEX Nr: 31996L0059)
ERL 92/99 (CELEX Nr: 31999L0092) + + +)
The V was referred to as Article 1 of the V v. 26.11.2010 I 1643 by the Federal Government, the Federal Ministry of the Interior, the Federal Ministry of Labour and Social Affairs, the Federal Ministry of Economics and Technology, after consulting the parties involved and , with the consent of the Bundesrat. She's gem. Article 6, first sentence, of this V entered into force on 1 December 2010.
Unofficial table of contents
Content Summary
Section 1Objective, scope of application
and definitions
| § 1 |
Objectives and scope |
| § 2 |
Definitions |
Section 2Hazardous substance information
| § 3 |
Hazard characteristics |
| § 4 |
Classification, labelling and packaging |
| § 5 |
Safety data sheet and other information requirements |
Section 3Risk assessment
and basic obligations
| § 6 |
Identification of information and risk assessment |
| § 7 |
Basic duties |
Section 4Protections
| § 8 |
General protection measures |
| § 9 |
Additional protective measures |
| § 10 |
Special protection measures in the case of activities with carcinogenic, mutagenic and harmful substances toxic to fertility |
| § 11 |
Special protective measures against physico-chemical agents, in particular against fire and explosion hazards |
| § 12 |
(dropped) |
| § 13 |
Malfunctions, accidents and emergencies |
| § 14 |
Information and training of employees |
| § 15 |
Cooperation between different companies |
Section 5prohibitions and restrictions
| § 16 |
Restrictions on production and use |
| § 17 |
National exceptions to restrictions laid down in Regulation (EC) No 1907/2006 |
Section 6XX_ENCODE_CASE_One enforcement and
Committee on Hazardous Substances
| § 18 |
Information to the Authority |
| § 19 |
Exceptions, orders and powers |
| § 20 |
Committee on Hazardous Substances |
Section 7Administrative Offences and Crime
| Section 21 |
Chemical Law-View |
| Section 22 |
Chemical Law-Activities |
| Section 23 |
(dropped) |
| § 24 |
Chemical Law-Restrictions on production and use |
Annex I
(to § 8 (8), § 11 (3)) Special provisions for
Certain hazardous substances and activities
| Point 1 |
Fire and explosion hazards |
| Point 2 |
Particulate hazardous substances |
| Point 3 |
Pest control |
| Point 4 |
Fumes |
| Point 5 |
Ammonium nitrate |
Annex II
(to § 16 (2)) Special manufacturing and
Usage restrictions for certain
Substances, preparations and products
| Point 1 |
Asbestos |
| Point 2 |
2-naphthylamine, 4-aminobiphenyl, benzidine, 4-nitrobiphenyl |
| Point 3 |
Pentachlorophenol and its compounds |
| Point 4 |
Cooling lubricants and corrosion inhibitors |
| Point 5 |
Biopersistente fibres |
| Point 6 |
Particularly dangerous carcinogenic substances |
Annex III
(in accordance with Article 11 (4)) Special requirements
of activities with organic peroxides |
| Point 1 |
Scope and definitions |
| Point 2 |
Activities with organic peroxides |
Section 1
Objectives, scope and definitions
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§ 1 Objective and scope
(1) The aim of this Regulation is to protect human beings and the environment from damage caused by substances
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Regulations on the classification, labelling and packaging of dangerous substances and preparations,
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Measures to protect workers and other persons in the field of hazardous substances and
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Restrictions on the production and use of certain dangerous substances, preparations and products.
(2) Section 2 shall apply to the placing on the market of
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dangerous substances and preparations,
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to certain substances, preparations and products to be marked with additional markings, in accordance with the conditions laid down in
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a)
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Council Directive 96 /59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (OJ L 206, 22.7.1996, p. 31), as amended by Regulation (EC) No 596/2009 (OJ L 396, 30.12.2009, p. OJ L 188, 18.7.2009, p.
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b)
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Directive 1999 /45/EC of the European Parliament and of the Council of 31 May 1999 on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations (OJ L 327, 31.12.1999, p. 1, L 6, 10.1.2002, p. 71), as last amended by Regulation (EC) No 1272/2008 (OJ L 378, 27.12.2008, p. OJ L 353, 31.12.2008, p. 1),
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Biocidal products within the meaning of Section 3b (1) (1) of the Chemicals Act, which are not dangerous substances or preparations, and
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Biocidal active substances within the meaning of Section 3b (1) (2) of the Chemicals Act, which are biological agents within the meaning of the Biosubstance Ordinance, and biocidal products within the meaning of Section 3b (1) (1) of the Chemicals Act, which act as active substances such as biological agents.
Section 2 does not apply to food or feed in the form of finished products intended for final consumption. (3) Sections 3 to 6 shall apply to activities in which employees carry out hazards to their health and safety by means of: Substances, preparations or products may be exposed. They shall also apply if the safety and health of other persons may be endangered by activities within the meaning of Article 2 (5), which are carried out by employees or entrepreneurs without employees. Sentences 1 and 2 shall also apply to activities carried out in the context of the transport of substances, preparations and products. The provisions of the Law on the Promotion of Dangerous Goods and the legal regulations based on them shall remain unaffected. (4) Unless otherwise expressly provided for, this Regulation shall not apply to:
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biological agents within the meaning of the Biosubstance Regulation; and
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Private households.
This Regulation shall also not apply to establishments which are subject to the Bundesberggesetz (Federal Mining Act) to the extent that such legislation exists there or in legal orders adopted under this Act.
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§ 2 Definitions
(1) dangerous substances within the meaning of this Regulation
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dangerous substances and preparations according to § 3,
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substances, preparations and products which are explosive,
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substances, preparations and products from which the substances referred to in point 1 or 2 are produced or released during the manufacture or use of the substances,
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substances and preparations which do not meet the criteria set out in points 1 to 3 but which are based on their physical-chemical, chemical or toxic properties and the manner in which they exist or are used in the workplace; to endanger the health and safety of workers,
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all substances to which a workplace limit value has been assigned.
(2) The term preparation shall be defined as defined in Article 2 (1) (b) of Directive 1999 /45/EC. (3) Carcinogenic, mutagenic or toxic to fertility within the meaning of Section 4.
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Substances which satisfy the criteria for classification as carcinogenic, mutagenic or toxic to fertility in accordance with Annex VI to Council Directive 67 /548/EEC of 27 June 1967 on the approximation of the laws, regulations and administrative provisions relating to: Classification, packaging and labelling of dangerous substances (OJ C 327, 18. 1), as last amended by Directive 2009 /2/EC (OJ L 196, 27.8.2009, p. OJ L 11, 16.1.2009, p. 6),
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preparations containing one or more of the substances referred to in paragraph 1, where the concentration of one or more of these substances is the concentration limits for the classification of a preparation as carcinogenic, mutagenic or Exceeding fertility risks,
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Substances, preparations or processes referred to in the rules and findings referred to in Article 20 (4) as carcinogenic, mutagenic or toxic to fertility.
The concentration limits within the meaning of the first sentence of sentence 1 shall be determined
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in Table 3.2 of Annex VI, Part 3 of Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing the Directives 67 /548/EEC and 1999 /45/EC, and amending Regulation (EC) No 1907/2006 (OJ L 327, 30.12.2006, p. 1), as amended by Regulation (EC) No 790/2009 (OJ L 349, 31.12.2009, p. 1), as amended, as amended, or
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in Part B of Annex II to Directive 1999 /45/EC, where the substance or substances are not listed in Annex VI, Part 3, Table 3.2 of Regulation (EC) No 1272/2008, or without concentration limits.
(4) Organic peroxides within the meaning of Article 11 (4) and Annex III are substances derived from hydrogen peroxide in that one or both hydrogen atoms are replaced by organic groups, and preparations containing these substances (5) An activity shall be any work with substances, preparations or products, including manufacture, mixing, consumption, storage, storage, processing, removal and refilling, removal, disposal and destruction. The activities also include the intra-company support as well as operating and monitoring work. (6) Storage is the storage for later use as well as for delivery to others. It shall include the provision for carriage if the transport is not carried out within 24 hours of the date of provision or on the following working day. If this working day is a Saturday, the period ends at the end of the next working day. (7) There are equal
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workers employed in homework, as well as pupils, students and other persons, in particular those working in scientific institutions, who carry out activities with hazardous substances; and students do not, however, apply the provisions of this Regulation on the participation of staff representatives,
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the employer of the entrepreneurs without employees as well as the adjudicating entity and the intermediate master within the meaning of the Heimarbeitsgesetz in the revised version published in the Bundesgesetzblatt part III, outline number 804-1, the most recent by Article 225 of the Regulation of 31 December 2008 October 2006 (BGBl. 2407).
(8) The workplace limit value is the limit value for the time-weighted average concentration of a substance in the air in the workplace with respect to a given reference period. It indicates the concentration of a substance which is not likely to have an acute or chronic adverse effect on the health of employees in general. (9) The biological limit value is the limit value for the toxicologically-occupational-medically derived concentration of a substance, of its metabolite or of a stress indicator in the corresponding biological material. (10) An explosive mixture is a mixture of combustible gases, vapours, mists or whippable dusts and air or a mixture of combustible gases and air, or a mixture of combustible gases, fumes and air or a mixture of combustible gases and air or a mixture of other oxidising agents, which, after a source of ignition has become effective, react in a self-propagating flame propagation so that in general an increase in temperature and pressure is caused. (11) Chemically unstable gases, which, even without an oxidising agent, shall be used as a source of ignition in shall be able to react automatically to propagation of the flame, resulting in a sudden increase in temperature and pressure, explosive mixtures shall be the same in accordance with paragraph 10. (12) A dangerous explosive mixture is an explosive mixture which occurs in such a quantity that special protective measures are required for the maintenance of the health and safety of workers or other persons. (13) Dangerous explosive atmosticable Atmosphere is a dangerous explosive mixture with air as Oxidizing agents under atmospheric conditions (ambient temperature from -20 ° C to +60 ° C and pressure from 0.8 bar to 1.1 bar). (14) Explosive area is the hazardous area in which hazardous explosive atmospheres occur (15) The state of the art is the state of development of advanced procedures, facilities or modes of operation which makes it possible to ensure the practical suitability of a measure to protect the health and safety of workers. In the determination of the state of the art, comparable methods, devices or operating modes are to be used in particular, which have been tested with success in practice. The same applies to the requirements for occupational medicine and workplace hygiene. (16) It is a specialist who has the necessary expertise to perform 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, work experience or a corresponding professional activity carried out in a timely manner, as well as participation in specific training measures. (17) has been extended by participation in an officially recognised certificate of expertise. Depending on the area of responsibility, it may also be necessary to complete the course with a successful examination for the acquisition of the subject. It shall also be knowledgeable who has a qualification recognised as equivalent by the competent authority or as equivalent to that in this Regulation.
Section 2
Hazardous substance information
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§ 3 Dangerous Characteristics
Dangerous for the purposes of this Regulation are substances and preparations which have one or more of the properties referred to in sentence 2. Substances and preparations are
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explosive, if they are capable of reacting exothermically and with rapid development of gases in solid, liquid, pasty or gelatinous conditions, even without the participation of atmospheric oxygen, and detonate under specified test conditions, fast deflagrieren or explode when heated under partial confinement,
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Oxidizing, if they are not normally themselves combustible, but when they are in contact with combustible substances or preparations, mainly by oxygen release, the risk of fire and the yeast activity of a fire are considerably increased,
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highly flammable if
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in the liquid state have an extremely low flash point and have a low boiling point,
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as gases at ordinary temperature and normal pressure in mixture with air, have an explosion range,
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highly flammable if
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heat up and eventually ignite at ordinary temperature in the air without energy supply,
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in the solid state can easily be ignited by the short-term exposure of a source of ignition and, after removal thereof, continue to burn in a dangerous manner or continue to glow further,
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in the liquid state have a very low flash point,
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develop highly flammable gases in dangerous quantities on contact with water or humidified air,
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flammable if they have a low flashpoint in the liquid state,
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very toxic, if they cause death in very small amounts when inhaled, swallowed or taken up via the skin, or can cause acute or chronic health damage,
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toxic if, in a small amount, they can cause death in inhalation, swallowing or uptake of the skin, or cause acute or chronic health damage,
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harmful if they lead to death or cause acute or chronic damage to health when inhaled, swallowed or taken up via the skin,
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corrosive, if they can destroy living tissue on contact,
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irritant, if they can cause inflammation without being corrosive in the case of short-term, prolonged or repeated contact with the skin or mucous membrane,
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sensitising if they can cause hypersensitivity reactions when inhaled or taken up via the skin, so that in the event of future exposure to the substance or preparation, characteristic disturbances may occur,
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carcinogenic (carcinogenic), if they can cause cancer or increase cancer incidence when inhaled, swallowed or absorbed by the skin,
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Toxic to reproduction (reproductionstoxic) if it is inhaled, swallowed or taken up via the skin
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cause inheritable damage to the offspring or increase the frequency of such damage (fruit-damaging), or
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may result in impairment of male or female reproductive functions or reproductive capacity (enduring fertility),
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Mutagenic (mutagenic), if it can result in genetic damage which can be inherited by inhalation, swallowing or absorption through the skin, or if it can increase the frequency of such damage,
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environmentally hazardous if they themselves or their transformation products are capable of changing the nature of the natural environment, water, soil or air, climate, animals, plants or micro-organisms, in such a way that risks are immediately or later to be brought about for the environment.
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§ 4 Classification, labelling and packaging
(1) The classification, labelling and packaging of substances and mixtures and of products containing explosives shall be governed by the provisions of Regulation (EC) No 1272 /2008. (2) Provided that Article 61 of Regulation (EC) No 1272/2008 provides that: The classification, labelling or packaging of substances and preparations provided for in Directive 67 /548/EEC or Directive 1999 /45/EC shall be without prejudice to Article 19 (3) of the provisions of these Directives and to paragraphs 3 to 6 and 5 (5) thereof. (3) In the classification of substances and preparations, those referred to in Article 20 (4) shall apply. (4) The labelling of substances and preparations which are placed on the market in Germany must be in German. (5) Dangerous substances or dangerous substances If preparations are placed on the market unpacked, appropriate safety information or a safety data sheet shall be included in the German language for each delivery unit. (6) Does a manufacturer or importer intend to do so in accordance with the provisions of Directive 1999 /45/EC , of the option laid down in Article 15 of this Directive, If dangerous substances are to be used in the labelling of preparations, it shall have the necessary information and evidence from the Federal Agency for Chemicals (Article 4 (1) (1) of the Chemicals Act) in good time. Active substances in biocidal products may not be used for active substances in biocidal products. (7) The manufacturer or importer has biocidal active substances which are placed on the market as such and at the same time biological agents. For the packaging and labelling of biocidal products, the provisions of Article 20 (2) (2) (a) and (3) (2) and (3) (a), (c), (f) to (j), and (l) shall apply. and m, and in the case of authorised or registered biocidal products, in addition to Article 20 (3) Sentence 3 (b), (d), (e) and (k) of Directive 98 /8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (OJ L 327, 30.11.1998, p. 1, L 150, 8.6.2002, p. 71), as last amended by Directives 2010 /7/EU, 2010 /8/EU, 2010 /9/EU, 2010 /10/EU and 2010 /11/EU (OJ L 123, 24.4.2010, p. OJ L 37, 10.2.2010, p. 33, 37, 40, 44, 47). The labelling of biocidal products in which the active substance is a biological agent shall also indicate:
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the identity of the organism in accordance with Annex IVA, Section II, points 2.1 and 2.2 of Directive 98 /8/EC,
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the classification of micro-organisms in risk groups according to § § 3 and 4 of the Biosubstance Ordinance and
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in the case of a classification into the risk group 2 and above in accordance with § § 3 and 4 of the Biosubstance Ordinance, the symbol for biohazard in accordance with Annex I of the Biosubstance Ordinance.
The information required by the second sentence and in the third sentence of Article 20 (3) (a), (b), (d), (g) and (k) of Directive 98 /8/EC shall be on the label. The particulars referred to in the third sentence of Article 20 (3) (c), (e), (f), (h), (i), (j) and (l) of Directive 98 /8/EC may be on the label or elsewhere on the packaging or on an integrated information sheet attached to the packaging. (9) Decontaminated PCB-containing equipment within the meaning of Directive 96 /59/EC must be labelled in accordance with the Annex to this Directive. (10) The labelling of certain limited substances, preparations and products shall also be subject to the provisions of Article 67 in conjunction with Annex XVII to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999 /45/EC and repealing the Council Regulation (EEC) No 793/93, Commission Regulation (EC) No 1488/94, Council Directive 76 /769/EEC, and Directives 91 /155/EEC, 93 /67/EEC, 93 /105/EC and 2000 /21/EC (OJ L 378, 31.12.1994, p. OJ L 396, 30.12.2006, p. 1, L 136, 29.5.2007, p. 3, L 141, 31.5.2008, p. 22, L 36, 5.2.2009, p. 84), as last amended by Regulation (EU) No 453/2010 (OJ L 396, 30.12.2006, p. 1), as amended in each case. (11)
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the information content of the labelling or of the safety data sheet of a preparation, or
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the information on contamination or admixtures on the label or in the safety data sheet of a substance
the placing on the market of the preparation or of the substance shall, on request, be made available to the other producers without delay with all the information necessary for the preparation of new preparations in order to be able to properly classify new preparations in the manufacture of such preparations. a proper classification of new preparations is necessary.
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Section 5 Safety data sheet and other information requirements
(1) The requirements to be met by the manufacturer, importer and re-marketing provider with regard to the safety data sheet when placing substances and preparations on the market shall be derived from Article 31 in conjunction with Annex II of the Regulation (EC) No 1907/2006. Where these provisions do not require the transmission of a safety data sheet, the information requirements referred to in Article 32 of Regulation (EC) No 1907 /2006 shall be determined by reference to the information provided for in points 15 and 16 of Annex II to the Regulation (EC) No 1907/2006 shall take account, in particular, of the rules and findings referred to in Article 20 (4), in which substances or activities are classified as carcinogenic, mutagenic or toxic to reproduction. (3) Where preparations are made in accordance with Directive 1999 /45/EC , must be placed on the packaging of preparations which are available in the retail trade or are available to everyone and which are classified as very toxic, toxic or corrosive, in accordance with Annex V (A) (1.2) to the Directive In 1999 /45/EC, an exact and generally understandable instructions for use are to be applied. If this is not technically possible, the instructions for use of the packaging must be attached.
Section 3
Risk assessment and basic duties
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§ 6 Information and risk assessment
(1) In the context of a risk assessment as part of the assessment of working conditions in accordance with § 5 of the German Labour Protection Act (Arbeitsschutzgesetz), the employer has to determine whether the employees are carrying out activities with hazardous substances or whether they are engaged in activities Hazardous substances can be created or released. If this is the case, it shall assess all the hazards of the health and safety of workers from the following points of view:
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dangerous properties of the substances or preparations, including their physico-chemical effects,
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information provided by the manufacturer or the placing on the market for health protection and safety, in particular in the safety data sheet,
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the nature and extent of exposure, taking into account all routes of exposure, taking into account the results of the measurements and investigations in accordance with Article 7 (8);
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the possibilities of substitution,
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Working conditions and procedures, including the means of work and the quantity of hazardous substances,
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Occupational exposure limits and biological limit values,
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the effectiveness of the protective measures taken or to be taken,
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Findings from occupational medical check-ups according to the Ordination on occupational health care.
(2) The employer shall have the information necessary for the risk assessment on the market for the placing on the market or on other sources accessible to him with reasonable effort. In particular, the employer shall have to comply with the information provided to it under Title IV of Regulation (EC) No 1907/2006, including safety data sheets and information on substances or preparations for which no Security data sheet is to be created. Provided that Regulation (EC) No 1907/2006 does not provide for an obligation to provide information, the placing on the market shall, on request, provide the employer with the information on the dangerous substances necessary for the risk assessment. (3) Substances and Preparations which have not been classified and labelled by a placing on the market pursuant to Article 4 (1) or (2), for example substances or preparations incorporated in the company, have to be classified by the employer himself. At least, however, it has to identify the risks posed by the substances or preparations to the workers, including the hazardous substances referred to in Article 2 (1) (4). (4) The employer must determine whether the substances used, mixtures of substances or mixtures, and products may lead to threats of fire or explosion in the case of activities, including the use of working equipment, processes and the working environment, as well as their possible interactions. In doing so, he has to assess
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whether dangerous quantities or concentrations of dangerous substances which may lead to fire and explosion hazards arise, including both substances and mixtures with physical hazards under Regulation (EC) No 1272/2008, as well as other substances take account of hazardous substances which may lead to fire and explosion hazards, as well as substances which can react in a dangerous manner,
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whether ignition sources or conditions that can trigger fires or explosions are present and
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whether the harmful effects of fires or explosions on the health and safety of workers are possible.
In particular, it shall determine whether the substances, preparations and products may form explosive mixtures due to their properties and the manner in which they are present in the workplace or used. In the case of non-atmospheric conditions, the possible changes in the safety-related parameters relevant for explosion protection must also be determined and taken into account. (5) In the case of risk assessment, activities are also carried out. , where the possibility of endangering, even after the exhaustion of all technical protective measures, is possible. This applies in particular to maintenance work, including maintenance work. In addition, other activities, such as operating and monitoring activities, should also be taken into account if they can lead to the risk of hazardous substances being employed. (6) The content-related, dermal and Physico-chemical hazards must be assessed independently of each other and brought together in the risk assessment. If several hazardous substances occur simultaneously in an activity, the change or combination effects of the hazardous substances which have an influence on the health and safety of the employees must be taken into account in the risk assessment, to the extent that: (7) The employer may, when laying down the protective measures, take over a risk assessment which the manufacturer or the placing on the market has provided to him, provided that the information and provisions in this Risk assessment of working conditions and procedures, including (8) The employer must, for the first time, document the risk assessment, irrespective of the number of persons employed, before commencing the activity. The following shall be stated:
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the hazards in the case of hazardous substances,
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the result of the examination on the possibility of substitution in accordance with the second sentence of paragraph 1, point 4,
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a justification for a waiver of a technically possible substitution, provided that protective measures are to be taken in accordance with § 9 or § 10;
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the protective measures to be implemented, including those,
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which have been additionally taken as a result of exceeding a job limit value and the planned safeguard measures to be taken in the future in order to comply with the workplace limit value; or
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which, having regard to an assessment scale for carcinogenic hazardous substances, which has been announced in accordance with Article 20 (4), have been additionally or will be made in the future (plan of action),
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an explanatory statement if the rules and findings announced in accordance with Article 20 (4) are dismissed; and
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the results of the investigation, which prove that the workplace limit is complied with or, in the case of substances without a workplace limit value, the technical protective measures taken are effective.
In the context of the documentation of the risk assessment, existing risk assessments, documents or other equivalent reports drawn up on the basis of obligations under other legislation may also be used. (9) In the case of the documentation referred to in paragraph 8, the employer shall, depending on the findings referred to in paragraph 4, particularly identify hazards caused by dangerous explosive mixtures (explosion protection document). This must, in particular, lead to:
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that the risk of explosion has been identified and assessed,
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that adequate precautions are taken to achieve the objectives of explosion protection (presentation of an explosion protection concept),
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whether and which areas have been divided into zones in accordance with Annex I, point 1.7,
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for which explosion protection measures have been taken in accordance with Article 11 and Annex I, point 1,
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how the requirements are implemented in accordance with § 15 and
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what checks are to be carried out in accordance with Section 7 (7) and the explosion protection tests referred to in Annex 2 (3) of the operational safety regulation.
(10) In the case of low-risk activities referred to in paragraph 13, detailed documentation may be dispensed with. If in other cases a detailed documentation is dispensed with, this is to be explained in a comprehensible way. The risk assessment shall be regularly checked and, if necessary, updated. It shall be updated immediately if relevant changes or new information so require or if an update is based on the results of the occupational health care provision in accordance with the Regulation on occupational health care (11) The risk assessment may only be carried out by experts who are competent to do so. If the employer does not have the appropriate knowledge himself, he/she has to be advised with expert advice. In particular, experts may be the specialist for occupational safety and the occupational physician or the occupational physician. (12) The employer shall have a list of the hazardous substances used in the holding, in which the appropriate substances shall be used. Safety data sheets are referenced. The list must contain at least the following information:
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the name of the hazardous substance,
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the classification of the hazardous substance or information on the dangerous properties,
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information on the quantity ranges used in operation,
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Description of the working areas where workers can be exposed to the hazardous substance.
The rates 1 and 2 shall not apply if only those activities with a low risk are exercised in accordance with paragraph 13. The data set out in paragraphs 1, 2 and 4 of the second sentence shall be accessible to all employees concerned and to their representation. (13) The risk assessment shall be based on the risk assessment for certain activities on the ground.
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1.
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the hazard characteristics associated with the hazardous substance,
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2.
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of a small amount of substance used,
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3.
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of a low exposure and duration of exposure; and
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4.
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of working conditions
as a whole, only a low risk for employees and the measures to be taken in accordance with § 8 to protect employees, no further measures in Section 4 need to be taken. (14) If no substances or preparations are available, no further measures should be taken. The substances or preparations shall be present in the test data or relevant detailed information on acute toxic, irritant, skin-sensitising or mutagenic effects or for the effects of repeated exposure. To deal with hazard assessment such as hazardous substances with appropriate effects.
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§ 7 Basic obligations
(1) The employer may not take an activity with hazardous substances until after a risk assessment according to § 6 has been carried out and the necessary protective measures have been taken in accordance with Section 4. (2) In order to improve the health and safety of the The employer shall take the necessary measures under the Labour Protection Act and, in addition, the measures necessary under this Regulation, to ensure the safety of employees in all activities with hazardous substances. In doing so, it shall take into account the rules and findings announced in accordance with Article 20 (4). In the event of compliance with these rules and findings, it is generally assumed that the requirements of this Regulation are met. These rules and findings may be dismissed if, through other measures, the protection of the health and safety of employees is guaranteed at least in a comparable way. (3) The employer has based on the The result of the substitution test pursuant to section 6 (1), second sentence, number 4 shall be carried out as a priority for substitution. It shall replace dangerous substances or processes by substances, preparations or products or processes which are not, or are less dangerous, under the conditions of use for the health and safety of workers. (4) The Employers must exclude risks to the health and safety of workers in the case of activities involving hazardous substances. If this is not possible, it has to reduce it to a minimum. The employer must take these measures into account by establishing and applying appropriate protective measures. In doing so, he has to observe the following order of precedence:
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1.
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Design of appropriate procedures and technical control systems for procedures, the use of emission-free or low-emission forms of use, and the use of appropriate equipment and materials according to the state of the art,
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2.
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the application of the technical nature of the technical nature of the source of danger, such as adequate ventilation, and the application of appropriate organisational measures;
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3.
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where a risk cannot be prevented by measures under points 1 and 2, the use of individual protection measures, including the provision and use of personal protective equipment.
(5) Employees must use the personal protective equipment provided as long as there is a risk. The use of incriminating personal protective equipment must not be a permanent measure. It must be limited to the minimum required for each employee. (6) The employer shall ensure that:
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1.
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the personal protective equipment is kept properly in a place designated for this purpose,
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2.
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the personal protective equipment is checked before use and cleaned after use; and
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3.
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Defective personal protective equipment shall be repaired or exchanged prior to renewed use.
(7) The employer shall verify the function and effectiveness of the technical protection measures on a regular basis, but at least every third year. The results of the tests shall be recorded and shall be kept, preferably together with the documentation referred to in § 6 (8). (8) The employer shall ensure that the workplace limit values are complied with. It shall verify compliance by workplace measurements or by other appropriate methods for the determination of exposure. Investigations shall also be carried out if the conditions which may affect the exposure of the employees change. The results of the investigation shall be recorded, kept, and made available to the employees and their representatives. Where activities are carried out in accordance with a procedure and substance-specific criterion which has been disclosed in accordance with Article 20 (4), the employer may normally assume that the workplace limit values are complied with; In this case, the second sentence shall not apply. (9) Where activities are carried out with dangerous substances for which there is no occupational exposure limit, the employer shall, on a regular basis, ensure the effectiveness of the technical protection measures taken by appropriate means. Review methods of investigation, including workplace measurements (10) Those who carry out workplace measurements of hazardous substances must be competent and have the necessary facilities. If an employer is responsible for a measuring point accredited for measurements of hazardous substances at work places, the employer can usually assume that the findings obtained from this measurement point are correct. (11) The employer shall, in all investigations and measurements, take into account the procedures, measurement rules and limit values referred to in Article 20 (4), which have taken into account the relevant provisions of the following Directives:
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1.
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Council Directive 98 /24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (OJ L 327, 30.4.1998, p. 11), as amended by Directive 2007 /30/EC (OJ L 131, 5.5.2007, p. 21), and, in particular, the Directives referred to in Article 3 (2) of this Directive on employment limits,
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2.
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Directive 2004 /37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (OJ L 327, 30.4.2004, p. OJ L 158, 30.4.2004, p. 50, L 229, 29.6.2004, p. 23, L 204, 4.8.2007, p.
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3.
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Directive 2009 /148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of workers from the risks related to exposure to asbestos at work (OJ L 149, 11.6.2009, p. OJ L 330, 16.12.2009, p. 28).
Section 4
Safeguard measures
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§ 8 General protection measures
(1) In the case of activities with hazardous substances, the employer shall take the following protective measures:
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1.
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appropriate design of the workplace and appropriate work organisation,
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2.
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provision of appropriate work equipment for activities involving hazardous substances and appropriate maintenance procedures to ensure the health and safety of workers at work;
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3.
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limiting the number of workers exposed to or likely to be exposed to hazardous substances,
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4.
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limitation of the duration and the level of exposure,
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5.
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appropriate hygiene measures, in particular to prevent contamination, and to ensure regular cleaning of the workplace,
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6.
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limitation of the hazardous substances in the workplace to the quantity required for the progress of the activities,
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7.
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appropriate working methods and procedures which do not affect the health and safety of workers or minimise the risk of exposure, including arrangements for the safe handling, storage and transport of Hazardous substances and waste containing hazardous substances in the workplace.
(2) The employer shall ensure that:
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1.
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all the substances and preparations used are identifiable,
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2.
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substances and preparations dangerous to dangerous substances and preparations shall be marked with an identification which contains sufficient information on the classification, the risks associated with handling and the safety measures to be taken; preferably shall be marked in accordance with Regulation (EC) No 1272/2008 or in accordance with the transitional provisions of this Regulation, in accordance with Directive 67 /548/EEC or Directive 1999 /45/EC,
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3.
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Equipment and piping shall be characterised in that at least the dangerous substances contained and the risks arising therefrom are clearly identifiable.
Labelling obligations under other legislation shall remain unaffected. As long as the employer has not complied with the obligations laid down in the first sentence, he shall not be allowed to carry out activities with the substances and preparations mentioned therein. Sentence 1 (2) shall not apply to substances which have been newly produced for research and development purposes or for scientific teaching purposes and which have not yet been examined. It is necessary to avoid exposure of the employees in activities with these substances. (3) According to the results of the risk assessment according to § 6, the employer shall ensure that the employees in the work areas in which they are employed May be exposed to hazardous substances, do not take food or drink to themselves. The employer shall establish appropriate areas for this prior to the commence of the activities. (4) The employer shall ensure that the use of sealable containers ensures the safe storage, handling and transport of hazardous substances, including (5) The employer must ensure that hazardous substances are kept or stored in such a way that they do not pose a threat to human health or the environment. In doing so, it has to take effective measures to prevent abuse or misuse. In particular, hazardous substances must not be stored or stored in such containers, the form or designation of which may confuse the contents of foodstuffs. They may only be ordered in a clear order and not in the immediate vicinity of medical, food or feed materials, including their additives, or stored or stored. In the case of storage for delivery or for immediate use, an identification as referred to in paragraph 2 must be clearly visible and legible. (6) The employer shall ensure that dangerous substances which are no longer needed and emptied are Containers which may still contain residues of hazardous substances, safely handled, removed from the workplace and stored or disposed of in a proper manner. (7) The employer has to ensure that as toxic, very toxic, carcinogenic category 1 or 2, mutagenic category 1 or 2, or toxic to reproduction category 1 or 2 classified substances and preparations are kept or stored under closure or in such a way as to have access only to professional and reliable persons. Activities with these substances and preparations, as well as substances and preparations which sensitize the respiratory system, may only be carried out by persons skilled in the art or in particular under-evidence. The rates 1 and 2 shall not apply to fuels at petrol stations. (8) In the case of activities involving dangerous substances listed in points 2 to 5 of Annex I, the employer shall comply with both Articles 6 to 18 and the relevant provisions of Annex I (2) to (5).
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§ 9 Additional protective measures
(1) If the general protection measures in accordance with § 8 are not sufficient to counteract hazards caused by inhalation, absorption via the skin or swallowing, the employer shall also take the measures referred to in paragraphs 2 to 7 above; which are necessary on the basis of the risk assessment in accordance with § 6. This shall apply in particular where:
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1.
-
limit values or biological limit values are exceeded,
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2.
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in the case of skin-resorptive or skin-or eye-damaging hazardous substances, there is a risk of exposure to skin or eye contact, or
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3.
-
in the case of dangerous substances without limit value and without biological limit value, a hazard can be assumed on the basis of the hazard characteristics assigned to them in accordance with § 3 and the inhalation exposure.
(2) The employer shall ensure that hazardous substances are manufactured and used in a closed system where:
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1.
-
the substitution of the hazardous substances referred to in Article 7 (3) by such substances, preparations, products or processes which are not, or are less dangerous to, health and safety when used, is not technically possible; and
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2.
-
There is an increased risk to workers from inhalation exposure to these hazardous substances.
If the use of a closed system is not technically possible, the employer shall ensure that the exposure of the employees according to the state of the art and in compliance with § 7 (4) is reduced as far as possible. (3) If a job limit value is exceeded, the employer must immediately re-evaluate the risk assessment in accordance with § 6 and take appropriate additional protective measures in order to comply with the workplace limit value. If, despite the exhaustion of all technical and organisational protection measures, the workplace limit is not complied with, the employer shall immediately provide personal protective equipment. This applies in particular to demolition, remediation and maintenance work. (4) Despite the exhaustion of all technical and organizational protection measures, there is a risk to the skin-resorptive, skin-or ocular-damaging hazardous substances. Skin or eye contact, the employer must immediately provide personal protective equipment. (5) The employer has separate storage options for the work or protective clothing on the one hand and the street clothes on the other hand. To be made available. The employer shall be responsible for cleaning the working clothes which are contaminated by dangerous substances. (6) The employer shall take appropriate measures to ensure that work areas in which there is an increased risk to the workers are only available to the employer. (7) If activities involving dangerous substances are carried out by one or more employees alone, the employer shall have additional information on the work of the employee. to take protective measures or to ensure adequate supervision. This can also be ensured by the use of technical means.
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§ 10 Special protection measures in the case of activities with carcinogenic, mutagenic and harmful substances toxic to fertility
(1) In the case of activities with category 1 or 2 carcinogenic hazardous substances for which no occupational exposure limit has been disclosed in accordance with Article 20 (4), the employer shall apply a suitable risk-based policy approach to: Implementation of minimisation according to § 7 (4). In this connection, the rules, findings and assessment measures laid down in accordance with § 20 (4) shall be taken into account. In the case of activities with carcinogenic, mutagenic and toxic to fertility hazardous substances of category 1 or 2, the employer shall, without prejudice to paragraph 2, also comply with the provisions of paragraphs 3 to 5. The specific provisions of point 6 of Annex II shall be taken into account. (2) Paragraphs 3 to 5 shall not apply if:
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1.
-
has been notified of a workplace limit value in accordance with Article 20 (4), is complied with and is subject to this by workplace measurement or by other appropriate methods for the determination of exposure; or
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2.
-
Activities shall be carried out in accordance with a procedure and substance-specific criterion, which is known in accordance with Article 20 (4).
(3) If activities are carried out with carcinogenic, mutagenic or toxic to fertility category 1 or 2 hazardous substances, the employer shall:
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1.
-
to determine the exposure of employees by workplace measurements or by other appropriate investigative methods, including in order to be able to quickly identify increased exposures due to an unpredictable event or accident,
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2.
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To limit the danger areas in which workers may be exposed to or be exposed to these hazardous substances, and to affix warning and safety signs, including prohibitions on "access to unauthorized persons" and "prohibited smoking" in accordance with point 3.1 of Annex II to Council Directive 92/58/EEC of 24 June 1992 on the minimum health and safety requirements for the workplace (OJ L 206, 22.7.1992, p. 23), as amended by Directive 2007 /30/EC (OJ L 327, 30.11.2007, p. OJ L 165, 27.6.2007, p.
(4) In the case of activities where there is a significant increase in the exposure of workers to carcinogenic, mutagenic or fertility-related hazardous substances in category 1 or 2, and where any possibility of further exposure of workers to a category 1 or 2 is to be expected. the technical protection measures to limit such exposure have already been exhausted, the employer shall, after consultation with the employees or with their representative, take measures to ensure that the duration of the exposure of the employees is as wide as possible possible shortening and protection of employees during the Activities to be ensured. It shall provide the persons concerned with personal protective equipment which they must bear throughout the period of increased exposure. (5) In a work area, activities involving carcinogens, mutagens or of dangerous substances of category 1 or 2 which are hazardous to fertility, the air which has been extracted there must not be returned to the working area. This shall not apply if the air is sufficiently cleaned of such substances by the application of procedures or equipment recognised by the authorities or by the institutions of the statutory accident insurance. The air must then be kept or cleaned in such a way that carcinogenic, mutagenic or toxic substances do not enter the breathing air of other workers.
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§ 11 Special protection measures against physico-chemical agents, in particular against fire and explosion hazards
(1) The employer shall, on the basis of the risk assessment, take measures to protect workers and other persons from physico-chemical agents in the event of activities involving dangerous substances, in order to avoid hazards, or to reduce it as much as possible. This shall apply, in particular, in the case of activities involving hazardous substances which may lead to fire and explosion hazards, with explosive, oxidising, highly flammable, highly flammable and flammable substances and preparations, including their storage, as well as with substances which can react chemically in a dangerous manner. In this connection, the employer shall comply with points 1 and 5 of Annex I. The provisions of the Explosives Act and the legislation based on it remain unaffected. (2) In order to avoid risks of fire and explosion, the employer has to take measures in accordance with the following order of precedence:
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1.
-
dangerous quantities or concentrations of dangerous substances which may lead to fire or explosion hazards should be avoided;
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2.
-
Ignition sources or conditions that can cause fires or explosions are to be avoided,
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3.
-
harmful effects of fires or explosions on the health and safety of workers and other persons shall be reduced as far as possible.
(3) Workspaces, workplaces, work equipment and their interconnections must be designed, constructed, assembled, installed, used and maintained in such a way as to avoid any risk of fire and explosion. (4) In addition to the provisions of paragraphs 1 and 2 and of Annex I, point 1, the employer shall, in particular, take measures to be taken by the employer in respect of the activities of organic peroxides.
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1.
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Minimizing the risk of an accidental explosion and
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2.
-
Restrict the effects of fires and explosions.
In so doing, the employer must comply with Annex III.
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§ 12 (omitted)
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§ 13 Operating disturbances, accidents and emergencies
(1) In order to protect the health and safety of workers in the event of malfunctions, accidents or emergencies, the employer shall, in good time, determine the emergency measures to be taken in the event of such an event occurring. This shall include the provision of appropriate first aid facilities and the carrying out of security exercises at regular intervals. (2) If one of the events referred to in the first sentence of paragraph 1 arises, the employer shall immediately: to take measures pursuant to paragraph 1 in order to:
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1.
-
to inform employees affected by the event at the holding of the event,
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2.
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to mitigate the impact of the event, and
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3.
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to bring about a normal operational sequence.
In addition to the rescue workers, only those workers may remain in the danger zone carrying out activities to achieve the objectives set out in points 2 and 3 of the first sentence of the first sentence. (3) The employer shall be entitled to work in the area of danger, before the entry into force of the to make available appropriate protective clothing and personal protective equipment and, where appropriate, required special safety equipment and special means of work. In the area of danger, the employees must use the protective clothing and the personal protective equipment for the duration of the non-intended operating procedure. The use of incriminating personal protective equipment must be limited in time for the individual employees. Unprotected and unauthorised persons must not be in the safe area to be defined. (4) The employer has access to warning and other communication systems which indicate an increased risk to health and safety. (5) The employer must ensure that information on emergency measures can be taken in the event of an emergency. (5) The employer must ensure that information on emergency measures is provided. are available with hazardous substances. The competent internal and non-operating accident and emergency services shall be given access to this information. This information includes:
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1.
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advance notification of relevant risks to work, measures to identify hazards, and precautions and procedures to enable emergency services to prepare their own remedial and security measures,
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2.
-
all available information on specific hazards which may occur or may occur in the event of an accident or an emergency, including the information on the procedures referred to in paragraphs 1 to 4.
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Section 14 Information and training of employees
(1) The employer must ensure that the employee is made available in a form and language which is comprehensible to the employees and which takes account of the risk assessment in accordance with § 6. The operating statement must contain at least the following:
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1.
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information on the hazardous substances present or emerging at the workplace, such as the designation of the hazardous substances, their labelling and possible threats to health and safety;
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2.
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information on appropriate precautions and measures to be taken by employees in their own protection and in order to protect other workers at work, in particular:
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a)
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Hygiene rules,
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b)
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information on measures to be taken to prevent exposure,
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c)
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Information on the wearing and use of personal protective equipment and protective clothing,
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3.
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Information on operations to be carried out in the event of malfunctions, accidents and emergencies and the prevention of such incidents by the employees, in particular rescue teams.
The operating instructions must be updated for any significant change in working conditions. The employer shall also ensure that the employees
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1.
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Access shall have access to all information referred to in Article 35 of Regulation (EC) No 1907/2006 on the substances and preparations with which they are engaged, in particular on safety data sheets, and
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2.
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by means of methods and procedures to be used in the use of hazardous substances for the protection of workers.
(2) The employer shall ensure that employees are subject to oral instruction on the basis of the operating instructions referred to in paragraph 1 above all hazards arising and corresponding protective measures. Part of this instruction is also a general occupational health and toxicological counseling. This shall also serve to inform employees of the conditions under which they are entitled to occupational health check-ups under the occupational health care regulation and the purpose of such medical examinations. Screening. Advice is to be carried out with the involvement of the doctor or the physician in accordance with § 7 (1) of the occupational health care regulation, if this should be necessary. The training must be carried out before the start of the employment and thereafter at least annually in terms of the job. It must be in the form and language which is comprehensible to the employees. The content and date of the instruction must be recorded in writing and confirmed by the undersigned by signature. (3) The employer has to do with activities with carcinogenic, mutagenic or toxic substances hazardous substances. of category 1 or 2 shall ensure that:
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1.
-
the employees and their representation can verify whether the provisions of this Regulation are complied with, in particular with regard to:
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a)
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the selection and use of personal protective equipment and the associated burdens on employees;
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b)
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measures to be carried out within the meaning of the first sentence of Article 10 (4),
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2.
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the employees and their representation at an increased exposure, including the cases referred to in Article 10 (4), first sentence, immediately informed and of the causes, as well as of the countermeasures already taken or to be taken be informed,
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3.
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an updated list of employees carrying out activities in which the risk assessment in accordance with § 6 results in a risk to the health or safety of the employees; the list shall also include the amount of: and indicate the duration of the exposure to workers,
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4.
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the list referred to in point 3 shall be kept for 40 years after the end of the exposure, with all the updates; when employment contracts are terminated, the employer shall provide the employee with an extract of the information in question relating to: to be handed out and to keep proof of this, such as personnel records,
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5.
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the doctor or the doctor referred to in Article 7 (1) of the occupational health care regulation, the competent authority and any person responsible for health and safety at work shall have access to the list referred to in point 3;
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6.
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all employees have access to the personal information in the directory,
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7.
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the employees and their representation have access to the non-personal information of a general nature in the directory.
(4) The employer may, with the consent of the employee concerned, transfer the storage, including the obligation to issue the person concerned, to the competent statutory accident insurance institution in accordance with paragraph 3 (4). For this purpose, the employer shall provide the accident insurance institution with the necessary documents in a form suitable for electronic data processing. The accident insurance institution shall, on request, issue an extract of the list of information relating to the person concerned on request.
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§ 15 Cooperation of different companies
(1) In order to carry out activities with hazardous substances in a holding, the employer shall, as a contracting entity, have to ensure that only those outside firms which have the expertise and experience acquired in respect of these activities shall be used as contracting entities. Activities are required. The employer, as the employer, has to inform the outside companies about sources of danger and specific rules of conduct. (2) In the case of activities of employees of an employer, it is possible to endanger employees of other employers. Where dangerous substances are not excluded, all the employers concerned shall cooperate in carrying out their risk assessments in accordance with § 6 and shall coordinate the protective measures. This is to be documented. The employers have to ensure that the hazards of the employees of all participating companies are effectively counteracted by hazardous substances. (3) Each employer is responsible for ensuring that its employees are jointly defined and determined by the employees. (4) In the case of the activities of employees of an employer, there is an increased risk to employees of other employers due to hazardous substances, a coordinator shall be appointed by the employers involved. If a coordinator has been appointed in accordance with the provisions of the Construction Site Ordinance of 10 June 1998 (BGBl. 1283), as set out in Article 15 of the Regulation of 23 December 2004 (BGBl I). 3758), the obligation to comply with the first sentence shall be deemed to be fulfilled. The coordinator shall provide all necessary security-relevant information and information on the protective measures to be taken by the employers involved. The appointment of a coordinator does not release the employers from their responsibility under this Regulation. (5) Before the start of demolition, remediation and maintenance work or construction work, the employer must be responsible for the risk assessment. According to § 6, information, in particular by the client or client, shall be used to ascertain whether hazardous substances, in particular asbestos, are present or to be expected according to the usage or building history of the object. Further information, protection and monitoring obligations which result from other legislation for the contracting authority or building owner remain unaffected.
Section 5
Prohibitions and restrictions
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Section 16 Restrictions on production and use
(1) Restrictions on the production and use of certain substances, preparations and products result from Article 67 in conjunction with Annex XVII to Regulation (EC) No 1907 /2006. (2) In accordance with Annex II, there are further manufacturing processes. (3) Biocidal products may not be used, to the extent that their use in the individual case of use is likely to have adverse effects on the use of such products, Health of people, non-target organisms or the environment. Anyone who uses biocidal products will have to do so properly. In order to ensure proper use, it shall in particular be
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1.
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a biocidal product is used only for the purposes indicated in the labelling;
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2.
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the conditions of use resulting from the labelling and the authorisation are complied with and
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3.
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the use of biocidal products is limited to the minimum by means of appropriate consideration of physical, biological, chemical and other alternatives.
The rates 1 to 3 also apply to private households. (4) The employer may only allow persons employed in homework to carry out activities with a low risk within the meaning of Section 6 (11).
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Section 17 National exceptions to restrictions laid down in Regulation (EC) No 1907/2006
(1) The restrictions referred to in Article 67 in conjunction with point 6 of Annex XVII to Regulation (EC) No 1907/2006 shall not apply to the manufacture and use of chrysotile diaphragms for the chlor-alkali electrolysis, including those which are to be used for the preparation and use of chrysotile-containing diaphragms for the electrolysis of chlorine alkali. their production of asbestos-containing raw materials, in installations existing on 1 December 2010, to the end of their use, if:
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1.
-
No asbestos-free substitutes, preparations or products are offered on the market, or
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2.
-
the use of asbestos-free substitutes, preparations or products would lead to an unreasonable hardship
and the concentration of asbestos fibres in the air at the workplace is less than 1 000 fibres per cubic metre. (2) The prohibition of use referred to in Article 67 in conjunction with points 16 and 17 of Annex XVII to Regulation (EC) No 1907/2006 shall not apply to: the use of the lead compounds mentioned therein in colours intended for the preservation or the faithful restoration of works of art and historical components or of buildings of listed buildings, where the use of Replacement materials are not possible.
Section 6
Enforcement rules and committee on hazardous substances
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Section 18 Information to the Authority
(1) The employer shall notify the competent authority without delay.
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1.
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any accident and any malfunctioning which has resulted in serious health damage to workers in the case of activities involving dangerous substances,
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2.
-
Cases of sickness and death where there are specific indications that they have been caused by the activity of dangerous substances, with the precise indication of the activity and the risk assessment in accordance with § 6.
Where the information required for the indication referred to in the first sentence is equivalent to the indications provided for in other legislation, the obligation to notify may also be fulfilled by the transmission of copies of these advertisements to the competent authority. The employer must inform the employees concerned or their representation copies of the advertisements in accordance with the first sentence or the second sentence. (2) Without prejudice to § 22 of the German Labour Protection Act (Arbeitsschutzgesetz), the employer shall have the competent authority on request. To be informed of:
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1.
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the outcome of the risk assessment according to § 6 and the information on which it is based, including the documentation of the risk assessment;
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2.
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the activities in which employees have actually or may have been exposed to hazardous substances and the number of such employees,
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3.
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the persons responsible under Section 13 of the German Labor Protection Act,
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4.
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the protection and prevention measures implemented, including operational instructions.
(3) In the case of activities involving carcinogenic, mutagenic or hazardous substances of category 1 or 2, the employer shall inform the competent authority, in addition to the request, of:
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1.
-
the outcome of the substitution test,
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2.
-
About
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a)
-
the activities and industrial practices carried out and the reasons for the use of such dangerous substances,
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b)
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the quantity of dangerous substances produced or used,
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c)
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the nature of the protective equipment to be used,
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d)
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the nature and extent of exposure,
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e)
-
Substitutions carried out.
(4) At the request of the competent authority, the technical expertise required for the preparation of safety data sheets required by Annex II to Regulation (EC) No 1907/2006 shall be established.
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§ 19 Government exemptions, orders and powers
(1) The competent authority may, on a written or electronic request from the employer, grant exemptions from § § 6 to 15 if the application of these provisions in individual cases would lead to disproportionate hardship and if the deviation is compatible with the protection of employees. The employer shall indicate to the competent authority in the application:
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1.
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the reason for applying for the derogation,
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2.
-
the quantity of the hazardous substance to be used annually,
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3.
-
the activities and procedures involved,
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4.
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the number of persons likely to be affected,
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5.
-
the measures envisaged in order to ensure the health and safety of the workers concerned,
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6.
-
the technical and organisational measures to be taken in order to reduce or avoid exposure of workers.
(2) An exception referred to in paragraph 1 may also be requested in connection with administrative proceedings under other legislation. (3) In the case of § 4 (2), the competent authority may, upon request, allow the case to be Labelling requirements laid down in Directive 67 /548/EEC in the case of substances and Directive 1999 /45/EC are not applied in whole or in part in the case of preparations in the case of fire-promoting, flammable, highly flammable, harmful, irritant or environmentally hazardous substances or preparations in such small quantities that a Danger is not to be feared. Sentence 1 shall not apply to biocidal products. (4) Without prejudice to Article 23 of the Chemicals Act, the competent authority may, on a case-by-case basis, order measures to be taken by the manufacturer, placing on the market or employer in order to comply with the obligations laid down by the Sections 2 to 5 of this Regulation may, in particular, arrange for the employer to:
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1.
-
the need to take the necessary measures to combat particular risks,
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2.
-
to determine whether and to what extent there is a suspected risk and what measures must be taken to combat the risk,
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3.
-
The work in which the employees are at risk shall cease if the employer does not take the necessary measures to combat the risk immediately or not within the time limit set.
In the event of danger in default, the orders may also be issued to persons entitled to instructions in the holding. (5) The competent authority shall, on request, provide proof that the risk assessment according to § 6 (9) (6) The competent authority may prohibit the employer from carrying out or have carried out activities with dangerous substances and, in particular, order the decommissioning of the work areas concerned if the employer of the Obligation to provide notification in accordance with Section 18 (2) (1) shall not be complied with.
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Section 20 Committee on Hazardous Substances
(1) A Committee for Hazardous Substances (AGS) shall be formed at the Federal Ministry of Labour and Social Affairs, in which appropriate persons shall be provided by employers, trade unions, state authorities, statutory accident insurance and other suitable persons. Persons, in particular from science, should be represented. The total number of members shall not exceed 21 persons. An alternate member shall be designated for each Member. The membership of the Committee for Hazardous Substances 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.
-
to identify the state of science, technology, occupational medicine and hygiene and other established knowledge for activities involving dangerous substances, including their classification and labelling, and to make appropriate recommendations,
-
2.
-
to determine how the requirements set out in this Regulation can be met and to draw up the rules and findings of the relevant state of technology and medicine,
-
3.
-
advising the Federal Ministry of Labour and Social Affairs on all questions concerning hazardous substances and chemical safety and
-
4.
-
to propose and regularly review workplace limits, biological limit values and other assessment standards for hazardous substances, taking into account the following:
-
a)
-
the establishment of limit values and assessment standards shall ensure that the protection of the health of workers is respected,
-
b)
-
a national limit value shall be proposed for each substance for which a workplace limit value or a biological limit value has been established in European Union legislative acts, taking into account this limit.
The work programme of the Committee on Hazardous Substances will be coordinated with the Federal Ministry of Labour and Social Affairs, with the final decision-making authority of 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 of the Committee on Dangerous Substances referred to in paragraph 3, first sentence, point 2, as well as the workplace limit values and assessment standards referred to in paragraph 3, first sentence, point 4, 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 as well as the supreme state authorities may delegate to the meetings of the Committee representatives. The Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin) is responsible for the activities of the Committee.
Section 7
Irregularities and offences
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§ 21 Chemicals Act-View
Contrary to the provisions of Section 26 (1) (8) (b) of the Chemicals Act, who intentionally or negligently
-
1.
-
, contrary to Article 8 (8), in conjunction with point 2.4.2 (1) of Annex I, first sentence or paragraph 2, an indication not, not correct, not fully reimbursed or not reimbursed in good time,
-
2.
-
Contrary to Article 8 (8), in conjunction with Annex I, point 3.4, paragraph 1 or 2, an indication shall not be reimbursed, not correct, wholly or not in good time,
-
3.
-
contrary to Article 8 (8), in conjunction with point 3.4 (3) of Annex I, does not indicate a change or does not indicate in good time,
-
4.
-
Contrary to Article 8 (8), in conjunction with point 3.6 of Annex I, an indication is not reimbursed, not correct, not fully or in good time,
-
5.
-
contrary to Article 8 (8), in conjunction with point 4.3.2 (1) sentence 1 or paragraph 2 of Annex I, in conjunction with paragraph 3, an indication not, not correct, not fully or not reimbursed in good time,
-
6.
-
, contrary to Article 8 (8), in conjunction with point 4.3.2 (4) of Annex I, an indication shall not be refunded or shall not be
-
7.
-
Contrary to Article 8 (8), in conjunction with point 5.4.2.3 (1) or (2) of Annex I, an indication shall not be reimbursed, not correct, wholly or not in good time,
-
8.
-
contrary to Article 8 (8), in conjunction with point 5.4.2.3 (3) of Annex I, does not indicate a change or does not indicate in time,
-
9.
-
Contrary to § 18, paragraph 1, an advertisement is not, not correct, not fully or not reimbursed in good time, or
-
10.
-
Contrary to Article 18 (2), a communication does not make it correct, not complete or not in good time.
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Section 22 Chemicals Act-Activities
(1) Contrary to the provisions of Article 26 (1) (8) (b) of the Chemicals Act, those who intentionally or negligently act
-
1.
-
Contrary to § 6 (8) sentence 1, a risk assessment shall not be documented, not correct, in full or in time, not correctly,
-
2.
-
, contrary to the first sentence of Article 6 (10) or the second sentence of the second sentence, a list of dangerous substances does not lead, not properly or
-
3.
-
, contrary to Article 7 (1), an activity can be taken
-
3a.
-
Contrary to § 7 (5) sentence 2, the use of incriminating personal protective equipment is used as a permanent measure,
-
4.
-
, contrary to the first sentence of Article 7 (7), the function and effectiveness of the technical protection measures shall not be reviewed or shall not be
-
5.
-
, contrary to Article 8 (2), sentence 3,
-
6.
-
, contrary to Article 8 (3), sentence 2, does not establish an area or does not set up a
-
7.
-
stored or stored dangerous substances contrary to the third sentence of § 8 (5),
-
8.
-
Contrary to Article 8 (8), in conjunction with the second sentence of point 2.4.2 of Annex I, the second sentence of paragraph 2 (3) does not ensure that an authorising officer is active on the ground,
-
9.
-
contrary to Article 8 (8), in conjunction with the first sentence of point 2.4.4 of Annex I, a work plan shall not be established or shall not be established in time
-
10.
-
, contrary to Article 8 (8), in conjunction with Annex I, point 3.3, sentence 2, to combat pests,
-
11.
-
is stored or transported in accordance with Article 8 (8), in conjunction with Annex I, point 5.4.2.1 (2), Substances and Preparations of Group A,
-
12.
-
contrary to Article 8 (8), in conjunction with Annex I, point 5.4.2.1 (3), the storage of combustible materials,
-
13.
-
contrary to Article 8 (8), in conjunction with point 5.4.2.2 (3) of Annex I, substances or preparations not or not in time divided into subsets,
-
14.
-
contrary to Article 8 (8), in conjunction with point 5.4.2.3 (5) of Annex I, substances or preparations are stored,
-
15.
-
does not provide personal protective equipment or does not provide personal protective equipment in due time, in accordance with the second sentence of Article 9 (3) or Section 9 (
-
15a.
-
Contrary to Article 9 (5), it is not guaranteed that separate storage facilities are available,
-
16.
-
shall not provide protective clothing or a breathing apparatus in accordance with the provisions of the second sentence of Article 10 (4),
-
17.
-
, contrary to § 10 (5) sentence 1, air sucked into a working area shall be returned;
-
18.
-
Contrary to Article 11 (1), third sentence, in conjunction with Annex I, point 1.3 (2), sentence 1, the smoking or use of open fire or open light shall not be preclude,
-
19.
-
the third sentence of Article 11 (1), in conjunction with point 1.5 (4) or 1.6 (5) of Annex I, does not, or does not correctly mark, the area referred to in that paragraph,
-
19a.
-
, contrary to Article 11 (4), second sentence, in conjunction with the first sentence of Annex III, point 2.3 (1), an activity with an organic peroxide shall be exercised,
-
19b.
-
Contrary to Article 11 (4), second sentence, in conjunction with Annex III, point 2.6, sentence 2, point (a), it does not ensure that a building or a space referred to therein is constructed in a security-building manner,
-
19c.
-
, contrary to Article 11 (4), second sentence, in conjunction with point 2.7 of Annex III, it does not or does not establish in good time a specific area,
-
20.
-
the first sentence of Article 13 (2) does not take or does not take a measure in good time,
-
21.
-
, contrary to the first sentence of Article 13 (3), an employee is not provided or not in time,
-
22.
-
Contrary to § 13, paragraph 4, warning and other means of communication shall not be made available,
-
23.
-
Contrary to Section 13 (5), first sentence, it does not ensure that information on emergency measures is available,
-
24.
-
Contrary to Article 14 (1), first sentence, it does not ensure that the employee is made available in a written instruction in the prescribed manner,
-
25.
-
Contrary to Article 14 (2), first sentence, it does not ensure that employees are admitted orally by means of hazards and corresponding protective measures that occur,
-
26.
-
, contrary to Article 14 (3) (2), does not ensure, or does not ensure, in a timely manner that the employees and their representation are informed and informed
-
27.
-
does not ensure that an updated list is maintained, contrary to Article 14 (3) (3); or
-
28.
-
Article 14 (3) (4) does not ensure that an updated directory is kept for 40 years after the end of the exposure.
(2) Anyone who endangers the life or health of another or other property of significant value through an act referred to in paragraph 1 shall be punishable in accordance with Article 27 (2) to (4) of the Chemicals Act.
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§ 23 (omitted)
Unofficial table of contents
Section 24 Chemicals Act-Restrictions on production and use
(1) Contrary to the provisions of Section 26 (1) (7) (a) of the Chemicals Act, who intentionally or negligently acts
-
1.
-
in accordance with Article 16 (2), in conjunction with Annex II, point 6 (1), using a substance listed therein,
-
2.
-
Contrary to Article 16 (3), second sentence, in conjunction with sentence 3, point 1, also in conjunction with sentence 4, a biocidal product shall be used for a non-labelling intended use, or
-
3.
-
contrary to Article 16 (3), second sentence, in conjunction with sentence 3, point 2, also in connection with sentence 4, a condition of use resulting from the marking or the authorisation is not complied with.
(2) In accordance with Section 27 (1) (1), (2) to (4) of the Chemicals Act, it shall be punished who intentionally or negligently:
-
1.
-
, in accordance with Article 8 (8), in conjunction with the first sentence of Annex I, point 2.4.2 (3), sentence 1 or paragraph 4, sentence 1, to carry out demolition, remediation or maintenance work,
-
2.
-
Contrary to Article 8 (8), in conjunction with Annex I, point 3.5, sentence 1, it carries out pest control measures,
-
3.
-
shall carry out aeration without the permission of Article 8 (8), in conjunction with point 4.2 (1) of Annex I,
-
4.
-
In accordance with Article 8 (8), in conjunction with Annex I, point 4.2, paragraph 7, sentence 1,
-
5.
-
In accordance with Article 16 (2), in conjunction with point 1 (1) of Annex II, paragraph 1, first sentence, also in conjunction with the third sentence,
-
6.
-
, contrary to Article 16 (2), in conjunction with point 1 (1) of Annex II, paragraph 1, sentence 4, it shall carry out overcovering, overbuilding, erassing, cleaning or coating operations,
-
7.
-
, contrary to Article 16 (2), in conjunction with point 1 (1) of Annex II, paragraph 1, sentence 5, shall continue to use items or materials containing asbestos for other purposes,
-
8.
-
in accordance with Article 16 (2), in conjunction with point 2 (1) of Annex II, to manufacture the substances or preparations listed therein,
-
9.
-
in accordance with Article 16 (2), in conjunction with point 3 (1) of Annex II, the products listed therein are used,
-
10.
-
in accordance with Article 16 (2), in conjunction with point 4 (1) of Annex II, paragraph 3, first sentence, or paragraph 4, of the cooling lubricants or anti-corrosive agents listed therein; or
-
11.
-
in accordance with Article 16 (2), in conjunction with point 5 (1) of Annex II, the substances, preparations or products listed therein are manufactured or used.
Unofficial table of contents
Annex I (to § 8, paragraph 8, § 11, paragraph 3)
Special provisions for certain hazardous substances and activities
(Fundstelle: BGBl. I 2010, 1660-1673;
with regard to of the individual amendments. Footnote)
Content Summary
| Point 1 |
Fire and explosion hazards |
| Point 2 |
Particulate hazardous substances |
| Point 3 |
Pest control |
| Point 4 |
Fumes |
| Point 5 |
Ammonium nitrate |
Number 1Brand and explosion hazards 1.1 Application area number 1 applies to measures in accordance with § 11 in the case of activities with hazardous substances which could lead to fire and explosion hazards. 1.2 Basic requirements for protection against fire and fire Risk of explosion (1) On the basis of the risk assessment in accordance with § 6, the employer shall lay down the organisational and technical protection measures in accordance with the state of the art, which shall be used to protect the health and safety of the Employees or other persons required before fire and explosion hazards (2) The quantities of hazardous substances shall be limited in terms of fire, fire spread and explosion hazards in such a way as to minimise the risk of fire and explosions. (3) To protect against the accidental releases of hazardous substances which may lead to fire or explosion hazards are appropriate measures to be taken. In particular,
-
1.
-
Hazardous substances in work equipment and equipment are safely held back and conditions such as dangerous temperatures, overpressures and underpressures, overcrowding, corrosion and other dangerous conditions are avoided,
-
2.
-
the flow of hazardous substances can be interrupted by a place which can be reached quickly and unhindered by the decommissioning of the support,
-
3.
-
dangerous mixtures of hazardous substances are avoided.
As far as necessary after the risk assessment, the flow of hazardous substances must be automatically limited or interrupted. (4) Hazardous substances which may lead to fire or explosion hazards are at their exit or To eliminate the site without danger, as far as this is possible according to the state of the art. The liquid hazardous substances which have been discharged shall be collected. Liquid laughter and dust deposits are to be safely removed. 1.3 Protections in working areas with fire and explosion hazards (1) Workspaces with fire or explosion hazards are
-
1.
-
to provide sufficient numbers of escape and rescue routes as well as exits in such a way that the employees can leave the work areas quickly, unhindered and safely in the event of danger and can be rescued at any time,
-
2.
-
be designed and designed in such a way as to avoid the transmission of fires and explosions and the effects of fires and explosions on neighbouring areas,
-
3.
-
with sufficient fire-extinguishments; the fire-extinguishers shall be marked, easily accessible and easy to handle, provided that they do not act automatically,
-
4.
-
to be provided with attack paths for fire-fighting, which are designed and marked in such a way that they can be reached quickly and without hindsight by means of extinguisher and work equipment.
(2) In areas of fire or explosion hazards, smoking and the use of open fire and open light shall be prohibited. Unauthorized persons shall be prohibited from entering areas with fire or explosion hazards. The prohibitions must be clearly identified and durably pointed out. (3) Through appropriate measures it is necessary to ensure that persons in the event of danger can be warned in a timely, appropriate, easily perceptible and unequivocal manner. (4) Insofar as required after the risk assessment,
-
1.
-
In the event of a power failure, it must be possible to maintain the devices and protective systems in a safe operating state independently of the rest of the operating system,
-
2.
-
in the automatic operation, equipment and protective systems which deviate from the intended operation must be able to be switched off manually under safe conditions and
-
3.
-
Stored energy must be dismantled or isolated as quickly and safely as possible when operating the emergency shutdown devices.
1.4 organizational measures (1) The employer shall be entitled to carry out activities with dangerous substances which may lead to risks of fire or explosion, only reliable, with the activities, the hazards that occur and the necessary (2) In working areas with hazardous substances which may lead to fire or explosion hazards, in the case of particularly hazardous activities and in the case of activities which: may cause threats through interaction with other activities, apply a work release system with special written instructions of the employer. Clearance of work is to be granted by a person responsible for this purpose before the start of the activities. (3) In areas where hazardous substances are carried out which can lead to fire or explosion hazards, In the event of a particular risk, it is reliable to entrure the supervisory management to persons familiar with the activities, the hazards involved and the protective measures required. The supervisor shall, in particular, ensure that:
-
1.
-
the activities are not started until the measures laid down in the risk assessment in accordance with Article 6 have been taken and their effectiveness has been demonstrated, and
-
2.
-
a quick exit of the work area is possible at any time.
1.5 Protective measures for storage (1) hazardous substances may only be stored in places suitable for this purpose and in suitable facilities. They must not be stored at or near places where this may lead to a danger to the workers or to other persons. (2) hazardous substances may only be stored in working spaces if storage is to be carried out with the protection of the (3) Dangerous substances may not be stored together if this may lead to an increase in the risk of fire or explosion, in particular: dangerous mixtures, or if the stored hazardous substances are dangerous Can react with one another. In addition, hazardous substances may not be stored together if, in the event of a fire or explosion, this may lead to additional hazards of employees or other persons. (4) Areas in which flammable hazardous substances in such quantities , the warning sign "Warning of dangerous substances or high temperatures" referred to in point 3.2 of Annex II to Council Directive 92/58/EEC of 24 June 1992 on the minimum requirements for the protection of fire hazards, is subject to the warning sign "Warning of dangerous substances or high temperatures". the safety and/or health signs at work (Ninth individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) (OJ L 327, 30.4.1989, p. 23). (5) As far as the risk assessment is required, protection and safety distances must be observed for storage sites of hazardous substances. A safety distance is the required distance between storage locations and persons to be protected, a distance of protection is the required distance for the protection of the bearing against dangerous effects of the outside. 1.6 Minimum requirements for the Explosion protection in the case of activities in areas with hazardous explosive mixtures (1) In the definition of protective measures pursuant to Article 11 (2) (1), measures shall be taken, in particular, in accordance with the following order of precedence:
-
1.
-
Substances and preparations which cannot form explosive mixtures are to be used, to the extent that this is possible according to the state of the art,
-
2.
-
if this is not possible, the formation of dangerous explosive mixtures shall be prevented or restricted as far as is possible according to the state of the art,
-
3.
-
Hazardous explosive mixtures are to be removed safely according to the state of the art.
To the extent necessary after the risk assessment, the measures for the prevention of dangerous explosive mixtures shall be monitored by appropriate technical equipment. (2) After the implementation of the measures referred to in paragraph 1, it may be necessary to: of dangerous explosive mixtures are not reliably prevented, the employer must assess
-
1.
-
the probability and duration of the occurrence of dangerous explosive mixtures;
-
2.
-
the probability of the presence, emergence and impact of ignition sources, including electrostatic discharges, and
-
3.
-
the magnitude of the expected impact of explosions.
If, in the case of explosive mixtures, several types of combustible gases, vapours, mists or dusts occur at the same time, the protective measures must be aimed at the greatest danger. (3) May the occurrence of dangerous explosive atmospurs If mixtures are not reliably prevented, protective measures must be taken in order to avoid ignition. For the determination of measures and the selection of work equipment, the employer may divide potentially explosive atmospheres according to point 1.7 into zones and carry out the corresponding allocation according to point 1.8. (4) Can an explosion not be safe , measures of constructive explosion protection are to be taken in order to limit the spread of the explosion and to minimise the impact of the explosion on the employees. (5) Dangerous explosive atmospheres may occur, are at their access to marked with the warning sign referred to in Annex III to Directive 1999 /92/EC of the European Parliament and of the Council of 16 December 1999 laying down minimum requirements for the improvement of the health and safety of workers, potentially explosive atmospheres (Fifteenth individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC) (OJ L 136, 31.5.1989, p. 57, OJ L 134, 7.6.2000, p. 36), as amended by Directive 2007 /30/EC (OJ L 327, 28.12.2007, p. 21) .1.7 Zone classification of potentially explosive zone zone 0is an area in which dangerous explosive atmospheres as a mixture of air and flammable gases, vapours or mists are kept constantly, over a long period of time. Zone 1is an area in which, in normal operation, a dangerous explosive atmosphere may occasionally form as a mixture of air and combustible gases, vapours or mists. Zone 2is an area in which in the case of Normal operation, a dangerous explosive atmosphere as a mixture of air and combustible gases, vapours or mists do not normally occur, and if, however, then only rarely and for short times.Zone 20is an area in which dangerous explosive atmosphere in the form of a cloud of combustible dust, which in the air Zone 21is an area in which, in normal operation, a dangerous explosive atmosphere in the form of a cloud of combustible dust contained in the air is occasionally present in the zone 21is an area in which Zone 22is an area in which in normal operation a dangerous explosive Atmosphere in the form of a cloud of combustible dust contained in the air normally does not occur, and if, however, then only seldom and for a short time. As normal operation, the condition in which plants are used within their design parameters shall be considered as normal operation. . In case of doubt, the stricter zone shall be chosen. Layers, deposits and accumulations of combustible dust should be taken into account, like any other cause, which can lead to the formation of a dangerous explosive atmosphere. The zone classification is to be documented in the documentation of the risk assessment (explosion protection document). 1.8 Minimum requirements for facilities in potentially explosive atmospheres as well as for facilities in non-explosion-prone areas Areas of importance for explosion protection in potentially explosive atmospheres (1) Equipment including installations and equipment, protective systems and associated connecting devices shall be put into service only if: the documentation of the risk assessment shall indicate that they are in Potentially explosive atmospheres can be used safely. This also applies to work equipment and associated connection devices which do not include equipment or protective systems within the meaning of Directive 2014 /34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the Legislation of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (OJ L 327, 30.4.2004, p 309), when their use in a facility is a potential source of ignition. Connection devices may not be confused; the necessary measures must be taken for this purpose. (2) Unless otherwise provided for in the risk assessment, equipment and equipment shall be available in potentially explosive atmospheres; and To select protection systems according to the categories of Directive 2014 /34/EU. (3) In particular, in potentially explosive atmospheres divided into zones, the following categories of equipment shall be used:
-
-
-
in zone 0 or zone 20: equipment of category 1,
-
-
-
in zone 1 or zone 21: equipment of category 1 or category 2,
-
-
-
in zone 2 or zone 22: equipment of category 1, category 2 or category 3.
(4) For potentially explosive atmospheres not classified in zones according to point 1.7, the measures shall be defined and carried out on the basis of the risk assessment. This applies in particular to:
-
1.
-
short-term and locally limited activities in which only the duration of such activities must be expected to occur with the occurrence of dangerous explosive atmospheres,
-
2.
-
In-and run-off processes in plants which have to be carried out very rarely or exceptionally and
-
3.
-
Construction or maintenance work.
Number 2Particle-like hazardous substances
-
2.1
-
Scope
Point 2 shall apply to activities involving exposure to all alveolar dusts and inhalable dusts. Point 2.4 shall apply in addition to activities in which asbestos dust or dust is released or can be released from asbestos-containing materials. Derogations from points 2.4.2 to 2.4.5 are possible, provided that they are activities which only lead to low exposure.
-
2.2
-
Definitions
(1) Stäube, including smoke, are disperse distributions of solid substances in the air, which are caused in particular by mechanical, thermal or chemical processes or by swirling. (2) The proportion of dusts in the air can be inhaled in the air. Breathing area of workers who can be absorbed through the respiratory tract. Alveolengängig is the proportion of inhalable dusts that can reach the alveoli and bronchioles. (3) Asbestos as defined in point 2 and Annex II, point 1 are the following silicates with fibre structure:
-
1.
-
Actinolite, CAS number *) 77536-66-4,
-
2.
-
Amosit, CAS number 12172-73-5,
-
3.
-
Anthophyllite, CAS number 77536-67-5,
-
4.
-
Chrysotil, CAS number 12001-29-5 and CAS number 132207-32-0,
-
5.
-
Krokydolith, CAS number 12001-28-4,
-
6.
-
Tremolit, CAS-number 77536-68-6.
-
2.3
-
Complementary protective measures for activities involving exposure to inbreathable dusts
(1) The risk assessment in accordance with § 6 in the case of activities involving substances, preparations and products which may release dusts shall be carried out in accordance with their behaviour. (2) In the case of activities involving exposure to breathable dusts, in respect of which no substance-related workplace limit value is laid down, the protective measures must be laid down in accordance with the risk assessment in accordance with § 6 in such a way that at least the occupational limit values for the inhalable dust fraction and for the (3) machinery and equipment are be selected and operated in such a way that as little dust as possible is released. Dust emitting installations, machinery and equipment must be provided with an effective suction, as far as is possible according to the state of the art, and the dust release is not prevented by other measures. (4) In the case of activities with Dust exposure is to prevent the dust from spreading to unpolluted working areas, to the extent that this is possible according to the state of the art. (5) Stäube can be grasped as completely as possible at the point of departure or formation, and safely Dispose of. The sucked-off air shall be such that as little dust as possible enters the breathing air of the workers. The sucked-off air must be returned to the working area only if it has been sufficiently cleaned. (6) Deposits of dusts are to be avoided. If this is not possible, the dust deposits are to be removed by wet or wet processes according to the state of the art or by sucking methods using suitable vacuum cleaners or destoving. The cleaning of the working area by means of measures or blow-off of dust deposits with compressed air without dust is basically not permitted. (7) Facilities for the deposition, detection and precipitation of dusts must be at the level of the Technology. When these facilities are first put into service, their effectiveness shall be checked. The facilities shall be checked at least annually for their functioning, to wait and, where appropriate, to be able to stand in progress. The results of the tests carried out in accordance with sentences 2 and 3 shall be kept. (8) For dust-intensive activities, appropriate organisational measures shall be taken to reduce the duration of exposure as much as possible. If the risk assessment in accordance with § 6 shows that the workplace limit values referred to in paragraph 2 cannot be complied with, the employer shall make available appropriate personal protective equipment, in particular for breathing protection. This is to be borne by the employees. The employees must be provided with separate storage facilities for the work clothes and for the street clothes as well as for the washing rooms.
-
2.4
-
Supplementary provisions on the protection of asbestos risks
-
2.4.1
-
Identification and assessment of exposure to asbestos
In the risk assessment according to § 6, the employer has to determine whether employees are exposed to or may be exposed to asbestos dust or dust from asbestos-containing materials. This applies in particular to demolition, remediation and maintenance work with asbestos-containing products or materials. In particular, the employer has to determine whether asbestos is in weakly bound form.
-
2.4.2
-
Notification to the Authority
(1) The activities referred to in the second sentence of point 2.1 must be indicated to the competent authority. The employer must give notice to the employee and their representative on the display. (2) The advertisement must be made no later than seven days before the employer begins to work and must contain at least the following information:
-
1.
-
the location of the workplace;
-
2.
-
used or traded asbets and quantities,
-
3.
-
activities carried out and the procedures applied,
-
4.
-
number of employees involved,
-
5.
-
the beginning and duration of the activities;
-
6.
-
Measures to limit the release of asbestos and to limit the exposure of employees to asbestos.
(3) Abort, remediation and maintenance work with asbestos may only be carried out by specialist companies, whose personnel and safety equipment is suitable for these activities. Work shall be carried out to ensure that at least one authorising officer is active on the ground. The certificate shall be proved by the successful participation in a certificate of expertise recognised by the competent authority. In fact, the period of six years shall apply to the customer. By way of derogation from the fourth sentence, the validity of the subject-matter which was acquired before 1 July 2010 shall remain valid until 30 June 2016. If an officially recognised training course is attended during the period of validity of the certificate, the period of validity shall be extended by six years from the date of proof of the completion of the training course. (4) Demolition and remediation work in the presence of asbestos in a weakly bound form may only be carried out by specialist establishments which have been approved by the competent authority to carry out these activities. The authorisation shall be granted on the written or electronic request of the employer if it has proved that the necessary personnel and safety equipment for such activities is provided in the necessary scope.
-
2.4.3
-
Supplementary protection measures for activities with asbestos exposure
(1) The spread of asbestos dust is to be prevented by a dust-tight separation of the working area or by appropriate protective measures which ensure a similar safety standard. (2) By means of a sufficiently dimensioned (3) The working area is equipped with a passenger airlock with a shower and a material lock. (4) The work area is equipped with a ventilation system. Persons employed shall be suitable breathing apparatus, protective suits and, where appropriate, necessary to provide further personal protective equipment. The employer must ensure that the employees use the personal protective equipment. (5) Contaminated personal protective equipment and the work clothes must either be cleaned or disposed of. They can also be cleaned in suitable facilities outside the holding. Cleaning must be carried out in such a way as to ensure that employees are not exposed to asbestos dust. The cleaning material must be stored and transported in closed, marked containers. (6) The employees must be provided with suitable washing rooms with showers. (7) Prior to the use of demolition techniques, the cleaning material must be provided with a shower. remove asbestos materials as far as possible.
-
2.4.4
-
Agenda
Before taking up activities with asbestos, in particular demolition, remediation and maintenance work, the employer shall draw up a work plan. The order of business shall include the following:
-
1.
-
a description of the working method and the working methods used to remove and remove asbestos and asbestos-containing materials;
-
2.
-
personal protective equipment,
-
3.
-
a description of how to check that there is no longer any risk of asbestos in the work area after the completion of the demolition or remediation work.
-
2.4.5
-
Supplementary provisions for the training of employees
(1) The employees are regularly to be provided with reference to the specific activity. The order of business referred to in point 2.4.4 must be taken into account in this connection. (2) The subject of the instruction shall in particular be the following:
-
1.
-
properties of asbestos and its effects on health, including the strengthening effect of smoking,
-
2.
-
Types of products and materials which may contain asbestos,
-
3.
-
activities in which exposure to asbestos may occur and the importance of measures to reduce the exposure,
-
4.
-
appropriate use of safe procedures and personal protective equipment,
-
5.
-
measures in the event of disruptions to the operating system;
-
6.
-
appropriate waste disposal,
-
7.
-
Occupational health screening in accordance with the Regulation on occupational health care.
Number 3Pest control
-
3.1
-
Scope
Point 3 applies to pest control with very toxic, toxic and harmful substances and preparations as well as preparations in which the substances mentioned are released, in so far as the control is not already carried out by others. Legislation is regulated. Point 3 applies to everyone who is responsible for pest control
-
1.
-
in the case of others, or
-
2.
-
not only occasionally, and not only to a limited extent, in its own establishment, where food is produced, treated or placed on the market, or is carried out in a facility that is in accordance with § 23 (5) or § 36 of the Infection Protection Act is called.
A release shall also be considered if active substances according to the first sentence are not produced until they are used as intended. Point 3 shall not apply if a pest control is carried out on German aircraft or on German ships outside the territory of the Federal Republic of Germany on the basis of international health rules.
-
3.2
-
Definition
Pesticides are substances and preparations which are intended to render or destroy pests and harmful organisms or troublesome organisms.
-
3.3
-
General requirements
Pest control must be carried out in such a way as to ensure that human beings and the environment are not endangered. It may only be carried out with pesticides which are capable of transport
-
1.
-
as biocidal products in accordance with Section IIa of the Chemicals Act, or
-
2.
-
as plant protection products in accordance with the Plant Protection Act.
-
3.4
-
Notification duty
(1) Those who wish to carry out pest control in accordance with point 3.1 for the first time or resume after more than one year of interruption shall have at least six weeks before the first activity of the competent authority to be commended. (2) The ad shall contain in particular the following information:
-
1.
-
proof that the personnel, spatial and safety equipment of the company is sufficiently suitable for this work,
-
2.
-
the number of workers who deal with the pesticides,
-
3.
-
on pest control agents for pest control
-
a)
-
Names,
-
b)
-
properties,
-
c)
-
Mechanisms for action,
-
d)
-
Application procedure and
-
e)
-
decontamination procedures,
-
4.
-
the areas of the proposed pest control and target organisms against which pest control is to be carried out, and
-
5.
-
the result of the substitution test in accordance with § 6 (1) sentence 2, point 4.
(3) Changes in the information referred to in paragraph 2 (1) to (5) shall be notified immediately by the employer of the competent authority. (4) There shall be adequate staffing, if appropriate and competent persons are employed (5) is appropriate within the meaning of paragraph 4, who shall:
-
1.
-
is at least 18 years old,
-
2.
-
the reliability required for the handling of pest control agents, and
-
3.
-
by the certificate issued by a doctor or a doctor in accordance with Article 7 (1) of the occupational health care regulation, that there are no indications that he or she is physically or mentally unsuitable for the handling of pesticides , the certificate shall not be older than five years.
(6) The person referred to in paragraph 4 shall be responsible for continuing training on a regular basis;
-
1.
-
the examination under the Regulation on vocational training for the pest control system of 15 July 2004 (BGBl. 1638),
-
2.
-
the examination in accordance with the Regulation on the examination of the recognised qualification of pest control pest combatants of 19 March 1984 (BGBl. 468), or
-
3.
-
The examination for pest control has been filed under no more applicable law in the Federal Republic of Germany or in accordance with the law of the German Democratic Republic.
It is also knowledgeable who has passed an examination or has successfully completed a training which has been recognized by the competent authority as equivalent to the tests provided for in the first sentence. If the proposed pest control is limited to certain areas of application, it is also knowledgeable who has passed an examination or has successfully completed a training which is considered suitable by the competent authority for these activities. has been recognised.
-
3.5
-
Use of auxiliary staff
Pest control agents referred to in point 3.1 may only carry out those persons who satisfy the requirements of point 3.4 (5) and (6). Auxiliary staff may only be employed under the direct and permanent supervision of a competent person and must be verifiably subject to regular training in accordance with their activities.
-
3.6
-
Pest control in Community bodies
The use of pesticides in Community bodies, in particular in schools, day care centres and hospitals, shall be notified in writing to the competent authority, usually at least 14 days in advance. The scope, the application, the means used, the application procedure and the protective measures provided shall be indicated.
-
3.7
-
Documentation
The use of pesticides must be sufficiently documented. Records shall be kept for at least five years and shall be submitted to the competent authority upon request.
Number 4Begasungen
-
4.1
-
Scope
(1) Point 4 shall apply to activities involving the following substances and preparations, provided that they are authorised as gassing agents and are used as such:
-
1.
-
Hydrogen cyanide (hydrogen cyanide, hydrocyanic acid) as well as substances and preparations which are used to develop or vaporize hydrogen cyanide or readily volatile hydrogen cyanide compounds,
-
2.
-
phosphorous hydrogen and substances and preparations which develop hydrogen phosphogen,
-
3.
-
ethylene oxide and preparations containing ethylene oxide,
-
4.
-
Sulfuryl difluoride (sulphuryl fluoride).
Point 4 shall also apply to activities in the case of room disinfection with formaldehyde solutions, including substances and preparations from which formaldehyde develops or evaporates, or in which formaldehyde is gaseous or suspended in the form of a suspended matter. Liquid droplets are distributed in order to disinfect all areas of a room. (3) Point 4 shall also apply to gassing activities with other very toxic and toxic substances and preparations which are authorised for gassing.
-
1.
-
as a biocidal product in accordance with section IIa of the Chemicals Act, or
-
2.
-
as plant protection products in accordance with the Plant Protection Act.
This also applies to biocidal products to which the transitional provisions of § 28 (8) of the Chemicals Act are to be applied. (4) On activities carried out on gasified transport units of any kind, such as vehicles, wagons, ships, tanks and containers, which have poisonous or very toxic gassing agents have been treated, point 4 shall apply. The first sentence shall also apply to activities carried out on transport units which have been settled abroad and which enter the scope of this Regulation. (5) Point 4 shall not apply to activities involving fumigants in fully automatic programme-controlled Sterilizers in the medical field to the extent that the activities are carried out in accordance with a procedure and substance-specific criterion, which has been announced in accordance with § 20 (4).
-
4.2
-
Usage limit
(1) Any person who wishes to carry out activities with a gassing agent in accordance with point 4.1 (1) to (3) shall require the authorization of the competent authority. (2) Paragraph 1 shall not apply
-
1.
-
for activities exclusively devoted to research and development or to the institutional aptitude test of gassing means or processes,
-
2.
-
for occasional activities with substances and preparations packed in portions, which, when used as intended, do not develop more than 15 grams of hydrogen phosphogen and are used for pest control in the soil.
(3) By way of derogation from paragraph 1, no permit shall be required, however, in accordance with point 4.3.1 (2) of the Regulation.
-
1.
-
in the case of not only occasional activities with substances and preparations packed in portions, which, when used as intended, do not develop more than 15 grams of hydrogen phosphogen and are used for pest control in the soil, and
-
2.
-
for the opening, ventilation and release of gaster transport units.
(4) During transport, vessels and transport containers may only be gassed with hydrogen phosphide or any other means approved for this purpose in accordance with point 4.1 (3). (5) ethylene oxide and preparations containing ethylene oxide , may only be used in fully automatic program-controlled sterilizers and in fully automatic sterilization chambers. (6) Authorisation and approval requirements as well as restrictions on the use of the sterilizer according to other legislation shall remain unaffected. (7) Begasings with other very toxic or toxic substances Substances and preparations other than those referred to in paragraph 4.1 (1) to (3) may not be carried out. In the cases referred to in point 4.1 (3), the indication referred to in point 4.3.2 shall provide evidence of the admissibility of the use as a gassing agent.
-
4.3
-
General rules for aeration activities
-
4.3.1
-
Permit and certificate of competence
(1) The licence referred to in point 4.2 (1) shall be granted where the applicant
-
1.
-
the required reliability and, in so far as it intends to carry out activities with the gassing means specified in the permit itself, a certificate of competence referred to in paragraph 2, and
-
2.
-
a sufficient number of competent authority holders referred to in paragraph 2 shall have the right to appoint the competent authority.
(2) A certificate of competence shall be received by the competent authority, who shall:
-
1.
-
the reliability required for the activities of gassing equipment covered by point 4.1,
-
2.
-
by the witness of a doctor or a doctor in accordance with Article 7 (1) of the occupational health care regulation, that there are no indications that he or she appears to be physically or mentally unsuitable for activities involving gassing means ,
-
3.
-
the required expertise and sufficient experience for aeration, and
-
4.
-
is at least 18 years old.
Proof of the certificate referred to in the first subparagraph of paragraph 3 has been provided by the person who presents a certificate of participation in a course recognised by the competent authority in respect of the intended activity and the examination that has been passed. The examination shall be submitted before a representative or a representative of the competent authority. The certificate shall be restricted in accordance with the proof of subject matter provided. (3) The permit referred to in paragraph 1 and the certificate referred to in paragraph 2 may be limited to a limited period of time and subject to conditions and limited to certain aeration activities. shall be granted. Conditions can also be arranged subsequently. The authorization referred to in paragraph 1 and the certificate referred to in paragraph 2 may be revoked if there are reasonable doubts as to the reliability of the holder on the basis of repeated or particularly serious infringements of this Regulation. (4) A certificate shall be issued if a new certificate is not submitted to the competent authority not later than six years after the date of issue of the certificate referred to in paragraph 2, first sentence, point 2.
-
4.3.2
-
View
(1) Those who wish to carry out gassing with gassing agents in accordance with point 4.1 outside a stationary sterilization chamber shall notify the competent authority in writing at the latest one week before that date. The competent authority may, in duly substantiated cases, allow exceptions to this. The display period is shortened to 24 hours in the case of ship and container fumes in ports and in the case of disinfection ygigienic disinfection. There is no need for a display in the medical field. (2) The display should indicate:
-
1.
-
the person responsible,
-
2.
-
the day of gassing,
-
3.
-
a map of the location of the fumigation and the object to be gated, indicating the goods to be gassed,
-
4.
-
the gassing means intended for use and the quantities provided for;
-
5.
-
the probable start of the gasification,
-
6.
-
the probable end of the gassing,
-
7.
-
the expected date of release, and
-
8.
-
the timing of the leak test, if necessary.
(3) Paragraph 1 shall not apply to the use of hydrogen phosphogen in the open air. (4) The withdrawal, change and the entry of certificates of competence shall be notified without delay to the competent authority, provided that the activities under Subject to the authorisation provided for in point 4.2 (1).
-
4.3.3
-
Niederschrift
(1) A transcript shall be made on aeration with gassing means as specified in point 4.1. In particular, it must be clear from the minutes:
-
1.
-
the nature and quantity of the gassing means,
-
2.
-
Place, start and end of use and
-
3.
-
the date of release.
On request, a copy of the minutes shall be submitted to the competent authority. (2) Vehicles, wagons, containers, tanks or other transport containers shall be placed in the minutes of additional instructions on the disposal of residues of the gassing means and of the aeration equipment used. The minutes shall be handed over to the contracting authority. (3) Paragraph 1 shall not apply to natural gas fumes with hydrogen phosphogen.
-
4.4
-
Requirements for gassings
-
4.4.1
-
General requirements
(1) Begassings shall be carried out in such a way as to ensure that persons are not at risk. Objects which are to be gassed, such as buildings, rooms or transport units, are to be sufficiently sealed for this purpose according to the respective state of the art. (2) A responsible person is to be ordered for each fumigation. This must have a sufficient certificate of competence in accordance with paragraph 4.3.1 (2) for the intended gasification. If several fully automatic program-controlled sterilizers are operated in a spatially connected area, the order of a responsible person is sufficient.
-
4.4.2
-
Organisational measures
(1) Only persons who are knowledgeable are allowed to be used for gassing. The first sentence shall not apply to auxiliary staff;
-
1.
-
who carry out exclusively activities without or with only a low risk of danger after being referred by a knowledgeable person,
-
2.
-
used in the case of gassing as referred to in paragraph 5, or
-
3.
-
whose presence and participation serves to obtain the experience required under point 4.3.1 (2), first sentence, point (3), in the course of an expert training under the supervision of a responsible person.
(2) In the case of gassing during the activities in which the gassing means, after the risk assessment in accordance with § 6, there is an increased risk to employees or other persons, at least the responsible person and one other person must: The person who satisfies the conditions laid down in point 4.3.1 (2), first sentence, paragraph 3. If the gasification is carried out in fully automatic programme-controlled sterilizers, to which point 4.1 (5) is not applicable, the presence of a person with a certificate of competency shall be sufficient during the activities referred to in the first sentence, if a second person is is available in the short term, fulfilling the conditions laid down in point 4.3.1 (2), first sentence, point 3. (3) In the case of room disinfection as referred to in point 4.1 (2), the presence of a person with a certificate of competence during the activities referred to in the first sentence of paragraph 2 shall be sufficient when a second person is present who is in a position to take emergency measures pursuant to Article 13 (1). (4) In the case of fumigation with hydrogen cyanide or sulphuryl difluoride, only certificates of competence may be used, provided that the participation is not subject to the training of experts or proof of sufficient experience by number 4.3.1 (2), first sentence, point 3, and the supervision is ensured by a sufficient number of certificate holders. (5) The use of pre-portioned preparations which develop hydrogen phosphogen shall be used for aeration purposes. Auxiliary staff shall be used when these
-
1.
-
be subject to sufficient supervision by certificates of certificates of competence,
-
2.
-
have been instructed in advance, and
-
3.
-
are suitable for health.
-
4.4.3
-
Fumigation of rooms and transportable transport units and goods in rooms
(1) The users of adjacent rooms and buildings shall be warned in writing, no later than 24 hours before the start of the gasification with gassing means, in accordance with point 4.1, with reference to the dangers of the gassing means. The first sentence shall not apply in the case of fumigations in stationary sterilizers and sterilization chambers. (2) Before the beginning of the fumigation, warning signs referred to in point 4.4.4 (1) and (2) shall be affixed to the access to rooms which are to be gassed. In addition, access to the premises shall be provided with the name, address and telephone number of the gas undertaking. (3) After the aeration means has been put in place until the aerated rooms have been released, the person responsible shall be responsible for the (4) The responsible person shall not release rooms, goods or the use of items of equipment until such time as the appropriate verification procedure ensures that there is no longer any risk of danger arising from the use of such equipment. Fumigation agent residues.
-
4.4.4
-
Gassing of transportable transport units in the open air
(1) Transport units such as vehicles, wagons, containers, tanks or other transport containers may only be gassed in the open air with an all-round safety distance of at least 10 metres to buildings. They shall be checked by the person responsible for their gas-tightness, sealed and sealed for the duration of the gasification, and shall be marked with warning signs in accordance with paragraph 2 on all sides. In addition, they shall be provided with the name, address and telephone number of the gassing company. The warning sign must be rectangular, at least 300 millimetres wide and at least 250 millimetres high. The inscriptions must be black on a white background. (2) The warning sign must bear at least the following information:
-
1.
-
the word "DANGER",
-
2.
-
the danger symbol for "toxic",
-
3.
-
the inscription "THIS UNIT IS GASSED",
-
4.
-
the designation of the gassing means,
-
5.
-
the date and time of the gassing,
-
6.
-
the date of aeration, provided that such aeration is carried out, and
-
7.
-
the inscription 'SHALL BE PROHIBITED'.
An illustration of the warning sign is shown below.
(3) In ships, transport containers under gas may only be transported if the cargo spaces are equipped with mechanical ventilation, which prevents gas concentrations from developing above the workplace limits. (4) Where there is no competent person available for the required opening of gaster vehicles, wagons, containers, tanks or other gaster containers, they may be opened only under the supervision of a competent person who is in a position to do so. is to identify possible hazards of employees or other persons and to take the necessary protective measures.
-
4.4.5
-
Fumigation on ships in port and during transport
(1) Begassings on ships shall be permitted only if the safety of the crew and other persons during the berth in the port and also during transit is sufficiently guaranteed. In addition to the aeration-specific provisions of this Annex, the international recommendations of the International Maritime Organisation (IMO) for the use of pesticides on ships must be taken into account. (2) the person responsible shall inform the captain or the master of the ship in writing, after a reasonable period of gas and before leaving the port,
-
1.
-
which rooms have been gassed and which other rooms may not be entered during transport,
-
2.
-
which have been made to the ship for the purpose of carrying out the gassing,
-
3.
-
that the gasified rooms are sufficiently gas-tight and
-
4.
-
that the rooms adjacent to the gasified rooms are free of gassing means.
(3) Point 4.4.4 (1) and (2) shall apply accordingly. (4) Throughout the duration of the journey, the gas-tightness of the aerated rooms must be checked at least every eight hours. The results shall be entered in the ship ' s diary. (5) The port authorities shall be informed not later than 24 hours before the arrival of a gasified ship of the nature and timing of the aeration and of the rooms and transport containers. have been settled.
-
4.4.6
-
Sterilizers and sterilization chambers
(1) Begassings in sterilizers and sterilization chambers are permitted only if these
-
1.
-
are constructed in rooms which are not intended for permanent residents, with the exception of gasifications in fully automatic sterilizers in the areas of sterile supply,
-
2.
-
are checked for gas tightness prior to each gasification and the gas tightness is monitored; and
-
3.
-
for human beings and the environment can be vented safely.
(2) If no fully automatic pressure control and pressure monitoring is ensured, sterilizers and sterilization chambers may only be operated with normal or negative pressure. (3) The inspection and monitoring of the gas tightness of Sterilization chambers must be documented.
Number 5ammonium nitrate
-
5.1
-
Scope
(1) Point 5 shall apply to the storage, bottling and intra-company promotion of
-
1.
-
ammonium nitrate,
-
2.
-
ammonium nitrate-containing preparations.
(2) Point 5 shall not apply to:
-
1.
-
preparations with a mass content of ammonium nitrate of up to 10 per cent,
-
2.
-
ammonium nitrate and ammonium nitrate-containing preparations of groups A and E in quantities of up to 100 kilograms,
-
3.
-
ammonium nitrate-containing preparations of groups B, C and D in quantities of up to 1 tonne,
-
4.
-
Ammonium nitrate and ammonium nitrate-containing preparations, which are subject to the Explosives Act because of their properties.
-
5.2
-
Definitions
Ammonium nitrate and preparations are divided into the following groups:
-
1.
-
group A:ammonium nitrate and ammonium nitrate-containing preparations which are capable of detonative reaction or which are associated with subgroups A I, A II, A III or A IV in accordance with point 5.3 (7), Table 1, with regard to ammonium nitrate content;
-
2.
-
Group B:ammonium nitrate-containing preparations which are capable of self-maintaining progressive thermal decomposition;
-
3.
-
Group C:ammonium nitrate-containing preparations which are not capable of self-maintaining progressive thermal decomposition or detonative reaction, but which develop nitrogen oxides on heating;
-
4.
-
Group d:ammonium nitrate-containing preparations which are not dangerous in aqueous solution or suspension but which are capable of detonative reaction in crystallized state while reducing the original water content;
-
5.
-
Group E:ammonium nitrate-containing preparations which are present as water-in-oil emulsions and are used as precursors for the preparation of explosives.
-
5.3
-
General provisions
(1) For ammonium nitrate and ammonium nitrate-containing preparations of the groups referred to in point 5.2., point 5.4. (2) ammonium nitrate and preparations of groups A, B, C or E containing ammonium nitrate must be finely divided and intimately mixed in their constituents. (3) ammonium nitrate-containing fertilizers in mixtures as nitrogen-potassium or nitrogen-phosphorus potassium fertilizers (NK or NPK-bulk blends) must be mixed with the the provisions of Group B, or only in accordance with the established rules Danger is stored. If fertilisers of group A are used in the mixture, the storage must be carried out in accordance with Group A regulations or also in accordance with the hazard identified. (4) The ammonium nitrate used is all the nitrate ions for which a (5) The mass fraction of combustible constituents is unlimited in the case of ammonium nitrate-containing preparations of subgroup B II from paragraph 7, Table 1, in the case of ammonium nitrate and ammonium nitrate-containing preparations. of subgroup A I referred to in paragraph 7, Table 1, to up to 0.2%, and ammonium nitrate-containing preparations of all other subgroups as defined in Table 1 of Table 1 of Groups A, B, C and D are restricted to up to 0.4%. (6) As a combustible constituent of ammonium nitrate and ammonium nitrate-containing preparations, the Subgroup A I referred to in paragraph 7, Table 1, shall be considered to be carbon in so far as organic substances are concerned. (7) Inerte substances within the meaning of point 5 are substances which do not have a thermal sensitivity and sensitivity to a detonation. . In case of doubt, this is to be proved by an expert opinion from the Federal Institute for Materials Research and Testing.
Table 1
Frame compositions and limits for ammonium nitrate and
ammonium nitrate-containing preparations for the assignment to one of the groups referred to in point 5.2
Under- group mass fraction of Ammonium nitrate % (%) Other elements of special provisions
| A I |
≥ 90 |
Chloride content ≤ 0.02%
Inert substances ≤ 10% |
No further ammonium salts are permitted. |
| A II |
> 80 to < 90 |
Limestone, dolomite or
Calcium carbonate < 20% |
|
| A III |
> 45 to < 70 |
Ammonium sulphate |
Inert substances are permitted. |
| A IV |
> 70 to < 90 |
Potassium salts, phosphates in NP-, NK-or NPK fertilizers, sulphates in N-fertilizer; inert substances |
|
| B I |
≤ 70 |
Potassium salts, phosphates, inert substances and other ammonium salts in NK or NPK-Düngern |
In the case of a mass fraction of more than 45% ammonium nitrate, the mass fraction of ammonium nitrate and other ammonium salts together may not exceed 70%. |
| B II |
≤ 45 |
Excess nitrates
≤ 10% |
Unrestricted content of combustible constituents; excess nitrates exceeding the content of ammonium nitrate are calculated as potassium nitrate. |
| C I |
≤ 80 |
Limestone, dolomite or
Calcium carbonate ≥ 20% |
Limestone, dolomite or calcium carbonate with a minimum purity of 90%. |
| C II |
≤ 70 |
Inert substances |
|
| C III |
≤ 45 |
Phosphates and other ammonium salts in NP fertilizers |
|
| > 45 to < 70 |
Phosphates and other ammonium salts in NP fertilizers |
The mass fraction of ammonium nitrate and other ammonium salts should not exceed 70%. |
| C IV |
≤ 45 |
Ammonium sulphate |
Inert substances are permitted. |
| D I |
≤ 45 |
Urea, water |
In aqueous solution. |
| D II |
≤ 45 |
Excess nitrates ≤ 10%, potassium salts, phosphates and other ammonium salts in NP-, NK-or NPK-Düngern; water |
In aqueous solution or suspension. Excess nitrates are calculated as potassium nitrate. The limit content of column 2 may not be exceeded both in the liquid and in the solid phase suspensions. |
| D III |
≤ 70 |
Ammonia, water |
In aqueous solution. |
| D IV |
> 70 to ≤ 93 |
Water |
In aqueous solution. |
| E |
> 60 to ≤ 85 |
≥ 5% to ≤ 30% water,
≥ 2% to ≤ 8% Combustible components, ≥ 0.5% to ≤ 4% Emulsifier |
Inorganic salts; additives. |
(8) ammonium nitrate and ammonium nitrate-containing preparations which are not classified in groups A, B, C, D or E within groups A, B, C, D or E as defined in Table 1, or do not satisfy the conditions set out in paragraphs 2 and 5. , may only be stored, bottled or transported in accordance with the conditions laid down in the requirements of the Federal Institute for Materials Research and Testing (Bundesanstalt für Materialforschung und -prüfung) on the basis of the opinion of the Federal Institute for Materials Research and Testing. (9) Ammonium nitrate-containing preparations of group B may be used in accordance with the procedure for group C shall be carried out, bottled or incorporated in accordance with the applicable rules if, in accordance with an opinion of the Federal Institute for Materials Research and Testing, these preparations are free from the risks of a self-sustainating progressive (10) In the case of the assignment of ammonium nitrate and ammonium nitrate-containing preparations according to paragraphs 3, 8 or 9, the labelling of the group shall be based on the opinion of the Federal Institute for Materials Research and Testing ,
-
5.4
-
Preventive measures
-
5.4.1
-
Basic measures for the storage of substances and preparations of the groups referred to in point 5.2
In the storage of substances and preparations of groups A, B, C, D and E, the following protective measures shall be taken:
-
1.
-
Protection against weather conditions,
-
2.
-
Protection against contamination and dangerous migration,
-
3.
-
Protection against unauthorised access,
-
4.
-
fire protection,
-
5.
-
Protection against inadmissible strain.
-
5.4.2
-
Additional measures for substances and preparations of groups and subgroups A, D IV and E
-
5.4.2.1
-
General measures
(1) Substances and preparations and preparations and preparations which have been spilled or spilled have to be consumed directly or safely removed. (2) The substances and preparations of Group A may only be stored and transported in packaged form (3) No combustible materials may be stored in the storage room or within a radius of 10 metres around the site of the storage of substances and preparations of Group A. (4) Preparations of groups and subgroups D IV and E shall be carried out to protect thermal decomposition.
-
5.4.2.2
-
Additional measures for the storage of quantities above 1 tonne
(1) Substances and preparations of group A in quantities of more than 1 tonne may only be stored in suitable buildings with corresponding protective measures and according to the state of the art. (2) Preparations of groups and subgroups D IV and E in Quantities of more than 1 tonne may only be stored in suitable storage containers with appropriate protective measures and according to the state of the art. (3) The substances and preparations of group A and preparations of group E shall be stored in the storage area before storage. Partial quantities of up to 25 tonnes. (4) Subquantities of up to 25 tonnes of substances and Preparations of group A may only be stored if they are:
-
1.
-
shall be separated from one another by walls made of bricks or wall tiles of similar strength or of concrete, the interspace of which is filled with non-combustible materials, and if the walls, including the intermediate space, have a minimum thickness d , which is calculated from the largest subset M according to the following equation: d = 0,1 M 1/3 with d in "meter" and M in "kilogram",
-
2.
-
in cases where the partition walls do not extend to the ceiling, only up to a height of 1 meter below the wall height are stored.
(5) The place of storage must have a minimum distance (guard distance) E, calculated from the largest subset M according to the following relationship: E = 11 M, to buildings that serve the permanent residence of humans.
1/3 with E in "metre" and M in "kilogram". For the operating buildings this applies only if they are also used for residential purposes. (6) The distance to public transport is two-thirds of the distance referred to in paragraph 5. (7) By way of derogation from paragraphs 5 and 6. for storage quantities of up to 3 tonnes of the distance to be used for residential buildings and for public transport at least 50 metres.
-
5.4.2.3
-
Additional measures for the storage of more than 25 tonnes
(1) Anyone who intends to store substances and preparations of groups and subgroups A, D IV and E in quantities of more than 25 tonnes shall notify the competent authority in writing at the latest two weeks beforehand. (2) The notification shall: Contain information:
-
1.
-
the name and address of the taxable person;
-
2.
-
the nature and maximum quantity of the substances or preparations to be stored,
-
3.
-
a description of the design and the installation of the bearing with ground plans and sections,
-
4.
-
a site plan showing the location of buildings and public transport routes within a radius of 350 metres,
-
5.
-
which are used for the permanent residence of human beings or for residential purposes, as indicated in the plan of the site referred to in point 4.
(3) Changes in the information referred to in paragraph 2 shall be notified without delay by the employer of the competent authority. (4) In storage premises for substances and preparations of group A, rooms shall not be allowed for the permanent residence of persons, except for the following: (5) Substances and preparations of Group A may only be stored in single-storey buildings.
-
5.4.3
-
Additional measures for preparations of group B
-
5.4.3.1
-
General measures
Fireplaces and other sources of ignition must not be present in storage rooms.
-
5.4.3.2
-
Additional measures for the storage of more than 100 tonnes
(1) The temperature of the preparations must not exceed 70 degrees Celsius when stored. (2) Funding and their constructional facilities must be such or operated in such a way that the resulting heat does not decompose the storage material. .
-
5.4.3.3
-
Additional measures for unpacked preparations of more than 1 500 tonnes or for preparations only packed in more than 3 000 tonnes
(1) The preparations shall be divided into subsets of no more than 3 000 tonnes each. The subdivision can be carried out by means of fire-resistant partition walls, by means of heatwork from non-combustible material, or by a space of at least 2.50 meters in width, which is kept free at any time. If the intermediate walls are not sufficient to cover the ceiling, the storage must be poured only up to a height of 1 meter below the wall height. (2) Paragraph 1 shall not apply if at the same time
-
1.
-
suitable soldering devices are present,
-
2.
-
the extinguishing water is available in sufficient quantity,
-
3.
-
a factory fire brigade that is ready for use at any time,
-
4.
-
the stock entering the warehouse is sieved, and
-
5.
-
the air in the storage space and in the storage channels located below the bearing surface is continuously monitored.
-
5.4.4
-
Safety-related measures for preparations of group D
The preparations must be preserved from dehydration.
-
5.5
-
Facilitating provisions
-
5.5.1
-
Facilitation of provisions for certain substances and preparations
Substances and preparations of subgroups A I and A II and preparations containing inert substances of subgroup A IV and of group E may be
-
1.
-
by way of derogation from point 5.4.2.2 (3), divided into subsets (stacks) of not more than 100 tonnes; and
-
2.
-
by way of derogation from point 5.4.2.2 (5) and (6), with a distance equivalent to half of the value required in that paragraph.
A prerequisite for this is the proof by an expert opinion from the Federal Institute for Materials Research and Testing that the substances and preparations of subgroups A I, A II and A IV are the quality requirements of Annex III to Regulation (EC) No. 2003/2003 of the European Parliament and of the Council of 13 1 October 2003 on fertilizers (OJ L 327, 1), as last amended by Regulation (EC) No 1020/2009 (OJ L 327, 22.12.2009, p. 7), and the substances and preparations of Group E are not capable of being detonated.
-
5.5.2
-
Facilitation provisions for ammonium nitrate and explosives-producing plants
For establishments producing ammonium nitrate and explosives
-
1.
-
Point 5.4.2.1 (2) and 5.4.2.3 (1) to (3) for substances and preparations of group A shall not be applied;
-
2.
-
shall be considered to be a half-reduced protection distance under point 5.4.2.2 (5) and (6).
-
5.6
-
Exceptions
Exceptions pursuant to § 19 (1) by the competent authority of the measures for substances and preparations of the groups and subgroups A, D IV and E referred to in point 5.4.2 shall be carried out in consultation with the Federal Institute for Materials Research and -Check.
Unofficial table of contents
Annex II (to section 16 (2))
Special restrictions on the production and use of certain substances, preparations and products
(Fundstelle: BGBl. I 2010, 1674-1676;
with regard to of the individual amendments. Footnote)
Content Summary
| Point 1 |
Asbestos |
| Point 2 |
2-naphthylamine, 4-aminobiphenyl, benzidine, 4-nitrobiphenyl |
| Point 3 |
Pentachlorophenol and its compounds |
| Point 4 |
Cooling lubricants and corrosion inhibitors |
| Point 5 |
Biopersistente fibres |
| Point 6 |
Particularly dangerous carcinogenic substances |
Number 1Asbestos (1) Work on asbestos-containing parts of buildings, equipment, machinery, equipment, vehicles and other products shall be prohibited. Sentence 1 shall not apply to:
-
1.
-
Demolition work,
-
2.
-
Rehabilitation and maintenance work, except for works leading to a removal of the surface of asbestos products, unless it is a low-emission process, the official or the institution of the legal Accident insurance is recognised. The procedures leading to the prohibited removal of asbestos-containing surfaces include, in particular, abrasions, pressure cleaning, brushing and drilling,
-
3.
-
Activities with metrological monitoring, which lead to a removal of the surface of asbestos products and which must necessarily be carried out in order to obtain recognition as a low-emission process.
The work prohibited by the first sentence also includes overlapping, superstructure and revelation work on asbestos cement roofs and wall coverings, as well as cleaning and coating work on uncoated asbestos cement roofs and -wall coverings. The further use of asbestos-containing objects and materials arising from work for purposes other than the disposal of waste or waste disposal is prohibited. (2) The extraction, processing, processing and re-use of Naturally occurring mineral raw materials and preparations and products derived therefrom which contain asbestos with a mass content of more than 0.1% shall be prohibited. (3) Asbestos containing waste shall be provided with the said waste. Identification in Article 67 in conjunction with Annex XVII, point 6, column 2, point 3 and Annex 7 to this Annex to Regulation (EC) No 1907 /2006. (4) The provisions of paragraphs 1 and 3 shall also apply to private households.
Number 22-naphthylamine, 4-aminobiphenyl, benzidine, 4-nitrobiphenyl (1) The following substances and preparations containing these substances with a mass content of more than 0.1% may not be prepared:
-
1.
-
2-naphthylamine and its salts,
-
2.
-
4-Aminobiphenyl and its salts,
-
3.
-
Benzidine and its salts and
-
4.
-
4-nitrobiphenyl.
(2) The prohibition of manufacture referred to in paragraph 1 shall not apply to research and analysis purposes and to scientific teaching purposes in the quantities required for such purposes.
Number 3pentachlorophenol and its compounds (1) The prohibition of use referred to in Article 67 in conjunction with point 22 of Annex XVII to Regulation (EC) No 1907/2006 shall not be allowed to use those products which have been prepared with a preparation. which contains pentachlorophenol, pentachlorophenol sodium or any of the other pentachlorophenol compounds, and whose parts covered by the treatment contain more than 5 milligrams per kilogram of these substances. (2) Paragraph 1 shall not apply for wood components of buildings and furniture as well as for textiles, which are before the 23. In the case of preparations containing pentachlorophenol, pentachlorophenol sodium or one of the other pentachlorophenol compounds, preparations have been made in December 1989. The territory referred to in Article 3 of the agreement shall replace the third paragraph of Article 3 (3) of the Treaty on European Union. October 1990. (3) Paragraph 1 does not apply to old wood, which is based on the Altholzverordnung of 15 August 2002 (BGBl. 3302), as last amended by Article 2a of the Regulation of 20 June 2008. October 2006 (BGBl. 4) The provisions of paragraphs 1 to 3 shall also apply to private households.
Number 4Cooling lubricants and corrosion inhibitors (1) Cooling lubricants to which nitrosating agents have been added as components may not be used. (2) The employer has in the context of the risk assessment in accordance with § 6 ensure that no nitrosating substances have been added to the cooling lubricants used. (3) Corrosion protection agents, the simultaneous nitrosing agents or precursors thereof, such as nitrite, and secondary amines, including Secondary amines containing capped secondary amines may not be used. Excluded are secondary amines, the corresponding N-nitrosamines of which are not shown to be carcinogenic substances in category 1 or 2. (4) Water-miscible and water-mixed corrosion protection agents, which are nitrosating agents in the delivery state, or (5) In the context of the risk assessment in accordance with § 6, the employer must ensure that the corrosion protection products used are subject to the requirements of paragraphs 3 and 4. .
Number 5Biopersistente fibres (1) The following mineral fibre-containing hazardous substances shall not be manufactured or used for the thermal and acoustic insulation in building construction, including technical insulation, nor for ventilation systems:
-
1.
-
artificial mineral fibres (artificially produced non-smoked vitreous [silicate] fibres with a mass content of more than 18 per cent of the oxides of sodium, potassium, calcium, magnesium and barium),
-
2.
-
Preparations and products containing artificial mineral fibres with a mass content of more than 0.1% in total.
(2) Paragraph 1 shall not apply if the artificial mineral fibres meet one of the following criteria:
-
1.
-
an appropriate intraperitoneal test has shown no signs of excessive carcinogenicity,
-
2.
-
the half-life after intratracheal instillation of 2 milligrams of a fibre suspension for fibres with a length of more than 5 micrometers, a diameter of less than 3 micrometers and a length-to-diameter ratio of greater than 3 to 1 (WHO-fibres) shall not exceed 40 days,
-
3.
-
the carcinogenicity index AI, which results from the difference between the sum of the mass contents (in percent) of the oxides of sodium, potassium, boron, calcium, magnesium, barium and the double mass content (in percent) of aluminium oxide, is available at: at least 40 artificial mineral fibres,
-
4.
-
Glass fibres intended for high-temperature applications, which
-
a)
-
require a classification temperature of 1 000 degrees Celsius up to 1 200 degrees Celsius, have a half-life time in accordance with the criteria set out in paragraph 2 above, or not more than 65 days, or
-
b)
-
requiring a classification temperature of more than 1 200 degrees Celsius shall have a half-life in accordance with the criteria set out in paragraph 2 above, not more than 100 days.
(3) spraying methods used for the use of carcinogenic mineral fibres shall be prohibited. (4) Paragraphs 1 to 3 shall also apply to private households.
Point 6Particularly dangerous carcinogenic substances (1) The following particularly dangerous carcinogenic substances may only be produced or used in closed installations:
-
1.
-
6-amino-2-ethoxynaphthalene,
-
2.
-
Bis (chloromethyl) ether,
-
3.
-
cadmium chloride (in inhalable form),
-
4.
-
chloromethyl methyl ether,
-
5.
-
Dimethylcarbamoylchloride,
-
6.
-
Hexamethylphosphoric acid triamide,
-
7.
-
1,3-propansulton,
-
8.
-
N-nitrosamine compounds, other than those N-nitrosamine compounds in which there is no evidence of carcinogenic effects in appropriate tests,
-
9.
-
tetranitromethane,
-
10.
-
1,2,3-trichloropropane and
-
11.
-
Dimethyl and diethyl sulphate.
The restriction of the production and use referred to in the first sentence shall also apply to o-toluidine. (2) The limitation of the production and use referred to in paragraph 1 shall not apply to research and analysis purposes and to scientific teaching purposes in the necessary quantities.
Unofficial table of contents
Annex III (to section 11 (4))
Specific requirements for activities with organic peroxides
(Fundstelle: BGBl. I 2013, 2531-2534;
with regard to of the individual amendments. Footnote)
Content Summary
| Point 1 |
Scope and definitions |
| Point 2 |
Activities with organic peroxides |
Point 1Scope and definitions (1) Annex III only lays down requirements for the protection of employees and persons in accordance with § 1 (3) sentence 2 (other persons)
-
a)
-
Fire and explosion hazards, as well as
-
b)
-
the effects of fires or explosions.
Adverse health effects which may occur in the activities of organic peroxides are not covered by Annex III. (2) The following definitions shall apply to Annex III:
-
a)
-
A hazard group is a classification of organic peroxides as a function of their burn-off behaviour in the packaged state,
-
b)
-
Hazardous objects are factory buildings, spaces or places in or on which activities with organic peroxides are carried out,
-
c)
-
Protection distances are the distances to be observed between dangerous objects and the neighbourhood, in particular residential areas and traffic routes,
-
d)
-
Safety distances are the distances to be observed within an operating site,
-
e)
-
Transport routes are roads, rail and shipping routes which are fully accessible to public transport, with the exception of those with low traffic density,
-
f)
-
Residential area is an area in which inhabited buildings are located and which are not related to the establishment; the inhabited buildings also include buildings and facilities with rooms not only for the temporary stay of persons and are suitable.
Number 2Activities with organic peroxides
2.1 The scope of application (1) point 2 shall apply to activities with organic peroxides. (2) Point 2 shall not apply to:
-
a)
-
Activities with organic peroxides in the form of preparations if:
-
aa)
-
the preparation contains no more than 1.0 per cent active oxygen of the organic peroxides at a maximum of 1.0 per cent hydrogen peroxide, or
-
bb)
-
the preparation contains no more than 0.5 per cent active oxygen of the organic peroxides at more than 1.0 per cent but not more than 7.0 per cent hydrogen peroxide,
-
b)
-
Activities with organic peroxides in small packages with a content of up to 100 grams of solid or up to 25 millilitres of liquid organic peroxide, provided that:
-
aa)
-
the organic peroxides are not subject to the Explosives Act,
-
bb)
-
the small packages have been placed on the market and the total mass of organic peroxides in the small packages, which is in operation, does not exceed a total content of 100 kilograms,
-
c)
-
the storage of explosive organic peroxides, provided that they are in accordance with the provisions of the Second Regulation on the Explosives Act, as amended by the Notice of 10 September 2002 (BGBl. 3543), as last amended by Article 2 of the Regulation of 26 November 2010 (BGBl I). 1643) have been amended.
2.2 Definitions The following definitions shall apply to point 2:
-
a)
-
Active oxygen is the cleavable oxygen of the peroxide group available for oxidation reactions (one oxygen atom per peroxo group in each case),
-
b)
-
The corrected substance throughput Ak (expressed in kilograms/minute) characterizes the burning behaviour of an organic peroxide in its packaging, based on an amount of 10,000 kilograms. This takes into account the degree of completeness and uniformity of the burn-off as well as the thermal radiation capacity of the flames.
2.3 The assignment of organic peroxides to hazardous groups (1) The employer may only carry out an activity with an organic peroxide if the Federal Institute for Materials Research and Testing for this organic peroxide is a hazardous group according to Paragraph 2 has been announced. Has the Federal Institute for Materials Research and Testing (Bundesanstalt für Materialforschung und -prüfung für Materialforschung und -prüfung für Materialforschung und -prüfung für Materialforschung und -prüfung für Materialforschung und -prüfung für Materialforschung und -prüfung für Materialforschung und -prüfung für explosive organic peroxides) has the storage group assignment I (BGBl. 3543), as last amended by Article 2 of the Regulation of 26 November 2010 (BGBl I). 1643), corresponding to the danger group OP I, OP II or OP III, as known, applies to these organic peroxides in accordance with the invention. Sentence 1 shall not apply to organic peroxides in the form of preparations containing organic peroxides with a mass content of less than 10 per cent and hydrogen peroxide with a mass content of less than 5%. The following criteria shall apply to hazard groups:
-
a)
-
Hazard group OP I: organic peroxides of this group burn very violently with strong heat development; the fire is rapidly spreading; packs of organic peroxides can also explode with low pressure effect; in this case the carry out all the contents of a package; individual burning packs can be thrown away; the endangerments of the environment by throwing pieces are small; buildings in the environment are generally not endangered by pressure; this danger group shall be divided into sub-groups Ia and Ib; the hazard group OP Ia shall comprise: the organic peroxides with a corrected substance throughput Ak greater than or equal to 300 kilograms/minute; the hazard group OP Ib comprises the organic peroxides with a corrected substance throughput Ak greater than or equal to 140 kilograms/minute, but less than 300 kilograms/minute,
-
b)
-
Hazardous group OP II: organic peroxides of this group burn heavily under strong heat development; the fire is rapidly spreading; the packs of organic peroxides can also explode with low pressure effect; this means that the organic peroxides can also explode with a low pressure effect. but not all of the contents of a package; the environment is mainly endangered by flames and heat radiation; buildings in the vicinity are not endangered by pressure effects; the hazard group OP II includes the organic peroxides with a corrected substance throughput Ak greater than or equal to 60 kilograms/minute, but less than 140 kilograms/minute,
-
c)
-
Hazard group OP III: organic peroxides of this group burn, the effects of the fire being comparable to those of flammable substances; the hazard group OP III includes the organic peroxides with a corrected substance throughput Ak less than 60 kilogram/minute,
-
d)
-
Risk group OP IV: organic peroxides of this group are difficult to ignite and burn so slowly that the environment is practically not endangered by flames and heat radiation; the indication of a corrected substance throughput Ak is for this Danger group not possible.
(3) If there is no risk group assignment for an organic peroxide, the employer shall apply for such a request in writing or electronically at the Federal Institute for Materials Research and Testing. The application shall be accompanied by the necessary documents. The Federal Institute for Materials Research and Testing (Bundesanstalt für Materialforschung und -prüfung für Materialforschung und -prüfung für Materialforschung und -prüfung für Materialforschung und -prüfung specifies the hazard group association). (4) By way of derogation from paragraph 3, the employer can also have another suitable job check which hazard group In this case, the employer has to submit the test result with the necessary documents from the Federal Institute for Materials Research and Testing. The Federal Institute for Materials Research and Testing (Bundesanstalt für Materialforschung und -prüfung) is aware of the risk group assignment if it has been evaluated as applicable. (5) Until the announcement of the risk group assignment by the Federal Institute for Materials Research and Testing (Bundesanstalt für Materialforschung und -prüfung) Organic peroxides with a peroxide concentration
-
a)
-
greater than or equal to 57 per cent, such as organic peroxides of the hazard group OP Ib,
-
b)
-
greater than or equal to 32 percent, but less than 57 percent, such as organic peroxides of the OP II hazard group,
-
c)
-
greater than or equal to 10 percent, but less than 32 percent, such as organic peroxides of the hazard group OP III
(6) Non-combustible organic peroxides with a peroxide concentration greater than or equal to 10 per cent may be treated as organic peroxides of the hazard group OP IV if the competent authority has agreed to this. The temporary hazard group assignment must not be used for more than two years.
2.4 Information and risk assessment (1) In the case of activities with an organic peroxide, the employer has to determine, in the context of the risk assessment in accordance with § 6, whether the work carried out by the Federal Institute for Materials Research (Bundesanstalt für Materialforschung) -Test known hazard group assignment of the organic peroxide is applicable to the activities. If the criteria of the assignment are in accordance with the terms of the activities, it will have to take the protective measures resulting from the allocation of the hazard group. If the employer finds that the known risk group assignment cannot be taken over for individual activities, he or she shall establish a different hazard group for the activities concerned. If the employer is not competent to do so, he has to be consulted professionally. (2) In the context of the risk assessment according to § 6, the employer finds that mixtures of organic peroxides occur during the production, working or processing of organic peroxides. , which are capable of being detonated or are prone to rapid deflagration or severe heat explosion, the employer shall obtain an opinion from the Federal Institute for Materials Research and Testing, which shall in particular be responsible for the Protective measures are introduced. This shall also apply where activities with organic peroxides are to be carried out in fixed installations, including storage in tanks or silos.
2.5 Protection and safety distances (1) The employer shall have sufficient protection distances for buildings and open-air installations, in or on activities with organic peroxides, for residential areas and public transport routes, as well as To establish safety distances for internal buildings or installations. No protection and safety distances shall be observed in buildings where only activities with organic peroxides of the hazard group OP IV are carried out. (2) The protection and safety distances shall be dependent on the hazard group and the safety and security distances. The quantity of organic peroxides present and of the location, arrangement and design of the buildings and installations. (3) When storing organic peroxides of the hazard group OP Ia up to a net mass of 100 kilograms and the hazard groups OP Ib, OP II and OP III up to a net mass of 200 kilograms are not protection-and To comply with safety distances. However, it must be ensured that the non-intended conversion of organic peroxides cannot act outwards or only in a non-hazardous direction.
2.6 Construction requirements The employer shall establish buildings in which the activities of organic peroxides are carried out in such a way as to minimise the risk to employees and other persons in the event of malfunctions or accidents. is reduced. If a hazard can occur due to an entering decomposition, it shall ensure that in particular buildings and spaces for the manufacture, processing, processing, filling or destruction of organic peroxides
-
a)
-
are built in safety-building methods,
-
b)
-
have sufficiently resistant ceilings and walls, and
-
c)
-
have sufficiently measured pressure relief surfaces in walls or ceilings which, in the event of an explosion, allow rapid pressure reduction; these must be made of lightweight construction materials and their resistance must be significantly lower than the other components.
2.7 Ignition source The employer shall determine the areas in which sources of ignition must be avoided in the context of the risk assessment and shall take the necessary protective measures, including the identification of these areas.
2.8 Intra-company transport For the internal transport of an organic peroxide, only motor vehicles or industrial trucks may be used which do not constitute an ignition source for the organic peroxide.
2.9 Requirements for the storage of organic peroxides (1) Organic peroxides which are subject to the Explosives Act must be kept in accordance with the provisions of the Second Regulation on the Explosives Act, as amended by the Notice of 10 September 2002 (BGBl. 3543), as last amended by Article 2 of the Regulation of 26 November 2010 (BGBl I). 1643). For the storage of organic peroxides which do not fall under the law on explosives, paragraphs 2 to 5 shall apply. (2) Storage buildings for organic peroxides of the hazard groups OP I to OP III must be constructed in a single-storey construction. By way of derogation from the first sentence, a warehouse building may also be multi-storey if the risk assessment shows that the hazard of the employees and other persons is not increased by the multi-storey design. (3) Storage spaces for organic Peroxides of the hazard groups OP I to OP III must be provided with pressure relief surfaces. (4) Storage spaces must be constructed and equipped in such a way that the maximum permissible storage temperature for organic peroxides is not exceeded. (5) The Employer has to ensure that organic peroxides with other substances, Preparations or products are only stored together or put off together if this does not allow a substantial increase in the risk.
2.10 Requirements for operating facilities and equipment (1) Operating facilities and equipment must be designed and equipped in such a way as to maintain safety, even in the event of malfunctions or accidents, and to leave an uncontrolled exit from organic peroxides are avoided. They must be completely and safely emptied. (2) Operating facilities must be constructed in such a way that they do not trigger dangerous reactions of the organic peroxides. They must be equipped with control and control devices for safe operation. (3) Dangerous inclusions of organic peroxides must be avoided. (4) The type and number of fire extinguishing devices must be used for the special characteristics of the organic peroxides.
