Construction site ordinance
| Basic data | |
|---|---|
| Title: | Ordinance on safety and health protection on construction sites |
| Short title: | Construction site ordinance |
| Abbreviation: | BaustellV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 19 ArbSchG |
| Legal matter: | Occupational health and safety law , administrative law |
| References : | 805-3-5 |
| Issued on: | June 10, 1998 ( BGBl. I p. 1283 ) |
| Entry into force on: | July 1, 1998 |
| Last change by: |
Art. 27 G of June 27, 2017 ( Federal Law Gazette I p. 1966, 2066 ) |
| Effective date of the last change: |
December 31, 2018 (Art. 32 G of June 27, 2017) |
| GESTA : | N027 |
| Please note the note on the applicable legal version. | |
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The construction site ordinance serves to improve the safety and health protection of employees on construction sites . Employees in the construction sector are exposed to a particularly high accident and health risk compared to other branches of the economy.
General
The construction site ordinance that came into force on July 1, 1998 has transposed the European construction site directive 92/57 / EEC into German law.
A corresponding legal basis came into force in Austria with the Construction Work Coordination Act (BauKG, Federal Law Gazette I 37/1999). In addition, the coordination of construction work is regulated in Section 8 of the Employee Protection Act (ASchG, Federal Law Gazette No. 450/1994 ).
Particular dangers on construction sites arise in particular from the fact that work on the construction site is carried out by employees from different employers at the same time or one after the other, which makes it much more difficult for employers to agree on the protective measures to be taken. Other people working on the construction site, such as entrepreneurs without employees, also contribute to the potential dangers on the construction site.
Obligations of the client
The building owner, as the addressee of the ordinance, is now also responsible for coordinating the safety measures on the construction site. The builder can largely transfer this responsibility to a "third party". This transfer must be made in writing and in good time, this usually means at the beginning of the planning phase of a construction project. If this transfer does not take place, the client has direct joint responsibility for occupational safety on his construction site.
The construction site ordinance divides a building project into the planning phase and the execution phase. In the planning phase, the client has:
- To appoint a suitable coordinator
- Prepare the health and safety plan
- To create the base for later work
- Create and send the advance notice
prior notice
The building owner must give advance notice of a construction project to the responsible occupational safety authority (e.g. trade supervisory authority or occupational safety office) at least two weeks before the start of construction. The advance notice must be issued if either the total scope of the work exceeds 500 person-days or, alternatively, the scope of the work exceeds 30 days and more than 20 employees work at least one shift at the same time. The coordinator can take over the preparation of an advance notice, but the client is responsible.
Health and safety plan
A safety and health protection plan (SiGePlan) must be drawn up if employees from several employers are working on a construction site and particularly dangerous work is carried out in accordance with Annex II BaustellV or, alternatively, if employees from several employers are working and advance notice has to be made. The creation of the health and safety plan must be worked out during the planning of the construction work.
The SiGePlan is to be drawn up in accordance with RAB 31 ("Safety and Health Protection Plan") and must be applicable to the construction site concerned
- Measures to protect against hazards when several employers work together and
- Measures for the joint use of safety equipment
- spatial and temporal workflows
- trade-related hazards
and contain special measures for particularly dangerous work (according to Annex II of the BaustellV).
Document for subsequent work on the structure
With this document, the client / coordinator creates a prerequisite for the safety and health-related design of the later work (e.g. maintenance, inspection and repair work) and thus also for a long-term economic use and maintenance of the structural system. The document is to be created if more than one employer is involved in the execution of the construction project. In Austria, in accordance with Section 8 BauKG, the document must be prepared in any case.
Requirements for the content and form of the document in accordance with Section 3 (2) BaustellV are specified in RAB 32 ("Document for subsequent work").
literature
- Dirk Osmers, Eckard Becker, Georg Lobpreis: The construction site ordinance . In: Civil engineering . No. 1 , 2007, p. 7–11 ( PDF file ).
