Workplace Ordinance (Germany)
| Basic data | |
|---|---|
| Title: | Ordinance on workplaces |
| Short title: | Workplaces regulation |
| Abbreviation: | ArbStättV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | § 18 if applicable i. V. m. Section 19 Occupational Safety and Health Act |
| Legal matter: |
Trade law , labor protection law |
| References : | 7108-35 |
| Original version from: | March 20, 1975 ( Federal Law Gazette I p. 729 ) |
| Entry into force on: | May 1, 1976 |
| Last revision from: | August 12, 2004 ( BGBl. I p. 2179 ) |
| Entry into force of the new version on: |
August 25, 2004 |
| Last change by: |
Art. 226 Regulation of June 19, 2020 ( Federal Law Gazette I p. 1328, 1354 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Weblink: | Text of the regulation |
| Please note the note on the applicable legal version. | |
The German Ordinance on Workplaces (Arbeitsstättenverordnung - ArbStättV) contains minimum requirements for the safety and health protection of employees when setting up and operating workplaces, including construction sites .
The original version from 1975 was issued on the basis of a national statutory authorization in the trade regulations. Since the new version of 2004, the ArbStättV has been used in particular to implement the EU Workplace Directive 89/654 / EEC. On December 3, 2016, the content of the ArbStättV was adapted to further technical progress.
Goal and content
The ArbstättV aims to protect employees in workplaces and to contribute to the prevention of work accidents and occupational diseases . In addition, it serves the human-friendly design of work by including requirements for air, climate and lighting conditions that are conducive to health, flawless social facilities, in particular sanitary and recreation rooms and non-smoker protection . The special concerns of people with disabilities, such as accessibility , must be taken into account ( Section 3a (2) ArbStättV).
Since 2004, the ArbStättV has formulated general protection goals instead of specific measures and detailed requirements; the implementation takes place in each company according to the local conditions based on a risk assessment ( § 3 ArbStättV). The technical rules for workplaces (ASR) are an essential aid for practical implementation and describe how the protection goals and requirements in the workplace ordinance with regard to the safety and health of employees when setting up and operating workplaces can be achieved by the employer. When applying the ASR, an actual assumption speaks in favor of compliance with the ArbStättV.
scope of application
The workplace ordinance applies in accordance with Section 1 (2) to (5) ArbStättV not or only to a limited extent for:
- Companies that are subject to the Federal Mining Act
- Workplaces in the travel trade and market traffic
- Agriculture and forestry operations outside of the built-up area
- Means of transport in public transport (road, rail, aircraft)
The VDU regulation was repealed on December 3, 2016 and the requirements for office workplaces and the design of workplaces with display devices were merged in the ArbStättV (Appendix 6 / Requirements and measures for workplaces according to Section 3 (1) ArbStättV).
Execution
The enforcement of the workplace ordinance is the responsibility of the trade supervisory authorities or the offices for occupational safety (depending on the federal state). In Baden-Württemberg the district offices or city districts are responsible, in North Rhine-Westphalia the district governments.
The accident insurance institutions ( employers' liability insurance association ) work to fulfill their prevention mandate in accordance with 17 SGB VII since January 1, 2004 through the enactment of accident prevention regulations in the implementation of the ArbStättV.
Austria
In Austria there is an occupational health and safety ordinance of the same name .
See also
literature
- Federal Institute for Occupational Safety and Health (Ed.): Workplaces. Workplace ordinance, technical rules for workplaces. Wirtschaftsverlag NW Verlag für neue Wissenschaft, Bremerhaven 2010. ISBN 978-3-86509-737-8
- Matthias Nöthlichs, Thomas Wilrich: Workplaces. Workplace regulations and accident prevention regulations. Additional comments along with regulations, texts and work aids. Erich Schmidt Verlag, Berlin 2014. ISBN 978 3 503 01415 6 . Table of Contents, Volume 1
- Ralf Pieper: Workplace Ordinance. Basic commentary on the ArbStättV. Bund-Verlag, 3rd edition 2017. ISBN 978-3-7663-6238-4
Web links
Individual evidence
- ↑ Council Directive 89/654 / EEC of November 30, 1989 on minimum requirements for safety and health protection in workplaces (first individual directive within the meaning of Article 16 (1) of Directive 89/391 / EEC) ABl. L 393 of 30 December 1989 p. 1
- ↑ BR-Drucksache 506/16 dated September 8, 2016. Draft of an ordinance amending occupational safety and health ordinances
- ↑ Information on the Workplace Ordinance (ArbStättV) website of the BAuA , accessed on March 14, 2017
- ↑ Objective and essential content of the changes to the ArbStättV Excerpt from the reasoning in Federal Council printed matter 506/16 of 23 September 2016, in: BMAS (publisher): Arbeitsstättenverordnung , as of December 2016, p. 46 ff.
- ↑ State Committee for Occupational Safety and Health (LASI): ASV offices of the federal states
- ↑ DGVU : BG regulation: Accident prevention regulation / principles of prevention from January 1, 2004
- ↑ Ordinance of the Federal Minister for Labor, Health and Social Affairs, with which requirements for workplaces and buildings on construction sites are specified and the construction worker protection ordinance is changed (Workplace Ordinance - Coreper) RIS , accessed on March 15, 2017
- ↑ Federal Ministry of Labor, Social Affairs and Consumer Protection (Ed.): Design of workplaces ( Memento from March 15, 2017 in the Internet Archive ) December 2011
