Regulation on the protection of mothers in the workplace

Unofficial table of contents

MuSchArbV

Date of completion: 15.04.1997

Full quote:

" Regulation on the Protection of Mothers at Work of 15 April 1997 (BGBl. 782), as last amended by Article 5 (8) of the Regulation of 26 November 2010 (BGBl I). I p. 1643) "

Status:

Last amended by Art. 5 (8) V v. 26.11.2010 I 1643

For more details, please refer to the menu under Notes

The Regulation provides for the implementation of Articles 4 to 6 of Council Directive 92 /85/EEC of 19 May 1992. October 1992 on the implementation of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding (10). Individual Directive within the meaning of Article 16 (1) of Directive 89 /391/EEC (OJ L 327, 31.12.1989, p. EC No L 348 p. 1) (the European Community's Protection Directive).

Footnote

(+ + + Text evidence from: 19.4.1997 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EWGRL 85/92 (CELEX Nr: 392L0085) + + +) 

  

The V was referred to as Article 1 (d). V v. 15.4.1997 I 782 (MuSchRiV) issued by the Federal Government with the consent of the Bundesrat. She's gem. Art. 4 of this V entered into force on 19 April 1997. Unofficial table of contents

§ 1 Assessment of working conditions

(1) The employer must be in good time for any activity, in the case of expectant or breastfeeding mothers, by the chemical hazards, biological agents, physical damage factors, the procedures or working conditions referred to in Annex 1 to this Directive. Regulation of the European Parliament and of the Council of the European Union. The obligations under the Employment Protection Act remain unaffected. (2) The purpose of the assessment is to:

1.

to assess all the risks to safety and health and all the effects on pregnancy or breast-feeding of the workers concerned; and

2.

to determine the protective measures to be taken.

(3) The employer may instrume reliable and competent persons in writing to carry out his duties in accordance with this Regulation on his own responsibility. Unofficial table of contents

§ 2 Information

The employer is obligated to give birth or breastfeeding mothers and the other female employees and, if an establishment or staff council is present, to the results of the assessment according to § 1 and on the to provide information on safety and health at work as soon as possible. Informal information is sufficient. The obligations under the German Labor Protection Act (Arbeitsschutzgesetz) as well as further obligations in accordance with the company law and the personnel representation laws remain unaffected. Unofficial table of contents

§ 3 Further conclusions from the evaluation

(1) The assessment in accordance with § 1 that the safety or health of the workers concerned is at risk and that effects on pregnancy or breast-feeding are possible, the employer shall take the measures necessary to ensure that: (2) The reorganisation of working conditions or working conditions for pregnant or breast-feeding mothers is excluded by a conformation of working conditions and, where appropriate, working hours for expectant or breastfeeding mothers. where appropriate, working hours, taking account of the state of the art, Occupational health and hygiene, as well as other established scientific findings are not possible or cannot reasonably be expected due to the demonstrably disproportionate effort, the employer shall take the necessary measures for a Job changes of the affected workers. (3) If the job change is not possible or cannot be expected, expectant or breast-feeding mothers should not be employed for as long as this is necessary to protect their safety and health is required. Unofficial table of contents

§ 4 Prohibition of employment

(1) Maternal or breast-feeding mothers shall not be employed with work on which the assessment has shown that the safety or health of mother or child is caused by the chemical hazards, biological agents, physical agents, physical agents, damage factors or the working conditions laid down in Annex 2 to this Regulation. Other employment bans shall remain unaffected for reasons of maternity leave. (2) § 3 shall apply mutatily if a worker who pursues an activity as referred to in paragraph 1 becomes pregnant or breastfeeding and informs her employer of that activity. Unofficial table of contents

§ 5 Special employment restrictions

(1) Not to be employed

1.

expectant or breastfeeding mothers with very toxic, toxic, harmful or otherwise harmful substances which are chronically harmful to humans, if the limit value is exceeded;

2.

expectant or breast-feeding mothers with substances, preparations or products which, according to their experience, may be transferred to pathogens if they are exposed to the pathogens;

3.

expectant mothers with carcinogenic, fruit-damaging or mutagenic hazardous substances;

4.

breast-feeding mothers with dangerous substances as specified in point 3, if the limit value is exceeded;

5.

where the limit value is exceeded, childbearing workers when handling dangerous substances containing lead or mercury alkyls;

6.

expectant or breastfeeding mothers in compressed air (air with excess pressure of more than 0.1 bar).

In point 2, Section 4 (2) no. 6 of the Maternity Protection Act remains unaffected. Point 3 shall not apply if the expectant mothers are not exposed to the hazardous substances in the case of their intended use. (2) For the first sentence of the first sentence of paragraph 1, no. 1 to 5, the provisions of the Hazardous Substances Ordinance shall apply accordingly. Unofficial table of contents

§ 6 Crime offences and administrative offences

(1) In the sense of Section 25 (1) (1) of the German Labor Protection Act (Arbeitsschutzgesetz), who intentionally or negligently does not, in violation of § 2 of the law, does not fully or incompletely inform a expectant or breast-feeding mother. (2) § 21 (1) No. 4 of the Maternity Protection Act, who intentionally or negligently deals with an expectant or nursing mother pursuant to § 3 (3) or § 5 (1) sentence 1, no. 1, 2, 3, 4 or 6. (3) Administrative unlawful within the meaning of Article 26 (1) (8) Point (b) of the Chemicals Act, who intentionally or negligently contrasts with § 5 (1) sentence 1 no. 5 (4) Anyone who intentionally or negligently jeopardises a woman in her work force or health by means of an intentional act referred to in paragraph 2 is in accordance with Section 21 (3), (4) of the Maternity Protection Act (5) Anyone who intentionally or negligently jeopardises the life or health of a woman by means of an act referred to in paragraph 3 is punishable in accordance with Article 27 (2) to (4) of the Chemicals Act. Unofficial table of contents

Appendix 1 (to § 1 (1))
Non-exhaustive list of chemical hazardous substances and biological agents, the physical damage factors and the procedures and working conditions according to § 1 (1)

Source of the original text: BGBl. I 1997, 784;
bezgl. of the individual amendments. Footnote

A.

Hazards and agents (agents) and damage factors

1.

Chemical dangerous substances The following chemical hazardous substances, where it is known that they endanger the health of pregnant workers and unborn children, and where they are not yet included in Annex 2 to this Regulation:

a.

substances identified as R40, R45, R46 and R61 in accordance with the Hazardous Substances Regulation, provided that they have not yet been included in Appendix 2,

b.

the chemical dangerous substances listed in Annex I to Directive 90 /394/EEC 2),

c.

mercury and mercury derivatives,

d.

Mitosehemmstoffe,

e.

Carbon monoxide,

F.

dangerous chemical dangerous substances that can be proven to penetrate the skin

2.

Biological agents for biological agents of risk groups 2 to 4 within the meaning of Article 2 (d) of Directive 90 /679/EEC 3), where it is known that these agents or the therapeutic measures which they provide are: Health of pregnant workers and unborn children, and where they are not yet included in Annex 2 to this Regulation

3.

Physical damage factors leading to damage to the foetus and/or a solution of the placenta, in particular:

a.

shocks, shocks or movements,

b.

Moving heavy loads by hand, driverable in particular for the back and lumbar vertebral area,

c.

noise,

d.

ionizing radiation,

e.

non-ionizing radiations,

F.

extreme cold and heat,

g.

Movements and postures, both within and outside the holding, mental and physical fatigue and other physical stress associated with the activity of the expectant or breastfeeding mother

B.

Procedures The industrial processes listed in Annex I to Directive 90 /394/EEC

C.

Working conditions in mining underground

-----

1)

1. EC No 196 p. 1; Directive as last amended by Directive 92 /32/EEC (OJ L 206, 22.7.1992, p. EC No L 154 p. 1).

2)

1. EC No L 196 p. 1.

3)

1. EC No 1; Directive as amended by Directive 93 /88/EEC (OJ L 374, 31.12.1993, p. EC No 71), adjusted by Directive 95 /30/EEC (OJ L 268, 18.8.1995, p. EC No L 155 p. 41).

Unofficial table of contents

Annex 2 (to § 4 (1))
Non-exhaustive list of chemical hazardous substances and biological agents, physical damage factors and working conditions according to § 4 (1)

Site of the original text BGBl. I 1997, 785;
with regard to of the individual amendments. Footnote

A.

Expectant mothers

1.

Hazards and agents (agents) and damage factors

a.

Chemical hazardous substances lead and lead derivatives where there is a risk that these hazardous substances will be absorbed by the human organism. The notices of the Federal Ministry of Labour and Social Affairs pursuant to § 20 (4) of the Hazardous Substances Ordinance must be observed.

b.

Biological agents toxoplasma, rotelnvirus, except in cases where it is demonstrated that the worker is sufficiently protected by immunisation against these agents

c.

Physical damage factor work at overpressure, for example in pressure chambers, during diving

2.

Working conditions in mining underground

B.

Nursing mothers

1.

Hazardous substances (agents) and damage factors

a.

Chemical hazardous substances lead and lead derivatives where there is a risk that these dangerous substances will be absorbed by the human organism

b.

Physical damage factor work at overpressure, for example in pressure chambers, during diving

2.

Working conditions in mining underground