Page modified: Tuesday, July 12, 2011 22:00:03
On 29 December 2004 in the federal law gazette published new dangerous material regulation came into force on 1 January 2005. An important innovation in relation to the old dangerous material regulation is the inevitable obligation for endangerment evaluation and the protection stage model.
Obligations of the entrepreneur - old dangerous material regulation
"§ 16 GefStoffV - determination obligation
The employer has obligation to determine whether
- a dangerous material is present or develops
- Substitutes or procedures with smaller health endangerments are applicable
"§ 18 GefStoffV - monitoring obligation
The employer can follow the monitoring obligation through
- Comparison with similar plants or activities
- Computation
- Concentration measurements of dangerous materials on the job
- Investigation of body fluids (biological job tolerance value - ASKED)
- Fulfilment procedure or material-specific criteria (VSK after TRGS 420)
- Use of examined plants
"§ 17 GefStoffV - protection obligation
The preventive measures must that
- Regulations of the dangerous material right (dangerous material regulation),
- Rules for the prevention of accidents,
- Generally recognized safety-relevant, rules according to industrial medicine and hygenic (exceptions after "§ 44 GefStoffV) correspond.
Obligations of the entrepreneur - NEW dangerous material regulation
- Information of the Inverkehrbringers or from other easily accessible sources
- Separate endangerment evaluation for maintenance work, serving and monitoring activities, emergencies
- Fire and dangers of explosion
- Driven characterized materials and preparing
- Separate determination depending upon photograph way and physicochemical endangerment
- Limit values and possibilities of a substitution of the materials used, conditions of work and - proceed, incl. dangerous material quantity
- Writing (not with protection stage 1), preparation by expert person, (co-operation of company doctor or specialist for industrial safety, if orders)
- independently of employment figure; Obligation for actualization, before admission of the activity
- Listing of the used dangerous materials, including safety data sheets must be accessible all persons employed concerned
Protection stage 1 - Activities in the range of application of the trifle regulation "§ 7 exp. 9 GefStoffV
for a certain activity with:
- small amount of material (keyword: "commercial standard ")
- after height and duration of low exposition
- small endangerment (does not apply to "T-materials ")
only measures after "§ 8 GefStoffV:
- TRGS 500 (similarly workplace regulations and industrial safety law)
- Minimization requirement, as well as production and use prohibitions
- Examination of the effectiveness tech. Preventive measures at least every 3 years
- Instruction after "§ 12 ArbSchG
Protection stage 2 - Activities without T-materials, if preventive measures of the SSt 1 are not sufficient
Basic dimension-took after "§ 9 GefStoffV
- Substitute requirement with documentation obligation
- Minimization requirement with order of rank of the preventive measures
- new endangerment evaluation during excess of the job limit value
- for materials without AGW: Proof of the effectiveness of the preventive measures - otherwise measurement
- Instruction after GefStoffV, however work prohibition
Biocides "§ 9 (11) GefStoffV
- Use only according to permission and marking
- Employment with consideration of physical, biological or chemical alternatives on *Mindestmass limit
- Applies also in households
Order of rank of the protection measure names "§ 9 GefStoffV
- less dangerous materials used
- Adjustment to the state of the art; closed plant
- Exhaust of the materials at the withdrawal or developing place
- Ventilation measures
- Personal protection equipment: "§9 (3) person employed must use the protection equipment and the employers may them not as constant measure permit
Protection stage 3 - Activities with poisonous and very poisonous materials and preparing
Basic dimension-took after "§ 10 GefStoffV
- SUBSTITUTION OBLIGATION; if technically not possible, then
- closed system; if technically not possible
- Reduction of the exposition after state of the art
- The employer guarantees that the AGW is kept.
- Measures during disregard of the AGW; in particular with ASI work (personal protection equipment)
- Documentation of further measures for the lowering of the exposition in endangerment evaluation
- It has to accomplish the measurements or equivalent and clear proof procedures necessary for it.
- The results are to be kept and to be made the persons employed accessible.
- Restriction of admission (exception: Petrol at gas stations)
Protection stage 4 - Activities with carcinogenic, hereditarygood-changing or fertility-endangering materials of the categories 1 or 2
not if: Job limit value to be kept or according to activities a VSK be accomplished
- The adherence to the job limit value is to be documented in the endangerment evaluation
- Measures during disregard of the AGW; in particular with ASI work (respiratory protection, protective clothing - limits while the whole duration of the work, but to a minimum for each person employed)
- Documentation of further measures for the lowering of the exposition in GB
- Usually no air feedback.
- Demarcation of the danger areas and mounting of warning and safety character
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