Industrial Safety Ordinance
| Basic data | |
|---|---|
| Title: | Ordinance on safety and health protection when using work equipment |
| Short title: | Industrial Safety Ordinance |
| Previous title: | Ordinance on safety and health protection in the provision of work equipment and its use at work, on safety in the operation of systems requiring monitoring and on the organization of occupational health and safety |
| Abbreviation: | BetrSichV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Legal matter: | Special administrative law , labor protection law |
| References : | 805-3-14 |
| Original version from: | September 27, 2002 ( BGBl. I p. 3777 ) |
| Entry into force on: | October 3, 2002 |
| Last revision from: | February 3, 2015 ( Federal Law Gazette I p. 49 ) |
| Entry into force of the new version on: |
June 1, 2015 (Art. 3 G of February 3, 2015) |
| Last change by: |
Art. 1 Regulation of 30 April 2019 ( Federal Law Gazette I, p. 554 ) |
| Effective date of the last change: |
May 8, 2019 (Art. 3 of April 30, 2019) |
| Weblink: | Text of the BetrSichV |
| Please note the note on the applicable legal version. | |
The Industrial Safety Ordinance (BetrSichV) is the German implementation of the Work Equipment Directive 89/655 / EEC, later replaced by Directive 2009/104 / EC, and in Germany regulates the provision of work equipment by employers, the use of work equipment by employees at work as well the construction and operation of systems requiring monitoring in terms of occupational safety . The protection concept contained in it is applicable to all hazards emanating from work equipment.
Protection concept
The basic components of the protection concept of the Industrial Safety Ordinance are
- a uniform risk assessment of the work equipment
- safety assessment for the operation of systems requiring monitoring
- " State of the art " as a uniform safety standard
- suitable protective measures and tests
- Minimum requirements for the quality of work equipment, unless they are regulated by harmonized European directives, for example the pressure equipment directive , ATEX product directive or elevator directive .
Systems requiring monitoring
Systems that pose special hazards such as steam, pressure, explosion or fall are classified as systems requiring monitoring according to the Industrial Safety Ordinance.
For the systems requiring monitoring, in addition to the common regulations for work equipment according to Section 2, the special regulations according to Section 3 of the BetrSichV must also be observed. In particular, the test before commissioning as well as the recurring tests of certain systems requiring monitoring are required there. Some systems that require monitoring are subject to approval by the responsible monitoring authorities.
The systems requiring monitoring include:
- Steam boiler systems
- Pressure vessel systems
- Filling systems
- Elevator systems
- Systems in potentially explosive areas
- Storage facilities
- Filling points
- Petrol stations and in-flight refueling systems
- Emptying points
- Fire extinguisher
The Ordinance on Industrial Safety and Health stipulates in § 15 (test before commissioning) and § 16 (recurring tests) tests that are to be carried out by approved monitoring bodies.
Amendment 2015
The 2015 amendment to the Ordinance on Industrial Safety and Health is intended to simplify the regulations, create legal certainty and at the same time improve the protection of employees. For this purpose, duplicate regulations were eliminated and specific test regulations were formulated.
The key changes include:
- Inclusion of systems requiring monitoring in the risk assessment
- specific test specifications (in Annexes 2 and 3)
- two-year inspection period for all elevator systems
- When the 2015 amendment came into force, material requirements for fire and explosion protection will only be regulated in the Ordinance on Hazardous Substances
Technical rules for operational safety (TRBS)
The technical rules for operational safety (TRBS) reflect the state of the art, occupational medicine and hygiene for the provision and use of work equipment and the operation of systems that require monitoring at the time of their publication. They are developed by the Committee for Operational Safety and gradually replace the operating regulations such as TRA, TRB, TRR, TRD and TRAC that existed in the previous technical rules.
literature
- Thomas Wilrich: Practical Guide to the Industrial Safety and Health Ordinance: responsibility, organization, transfer of duties, risk assessment, protective measures, operating instructions, instruction, safe commissioning, use, testing and maintenance of state-of-the-art work equipment , with 20 court judgments from legal practice, VDE series of publications - standards understandable, Volume 166, Berlin: VDE-Verlag 2015
- Thomas Wilrich: The Industrial Safety Ordinance 2015 - Overview and guidelines for handling in practice. In: The company (DB). 2015, issue 17, pages 981 and 987.
- Thomas Wilrich: Testing, operation and monitoring of work equipment and systems according to the industrial safety regulation. In: The company (DB). 2002, pages 1553 and 2165.
- Ursula Behrendsen: entrepreneurial responsibility and liability with regard to the industrial safety regulation. In: Civil engineering. No. 5, 2007, pp. 313-315.
- State Office for Occupational Safety and Health Essen (ed.): The industrial safety regulation . An implementation aid. 4th edition. Essen 2006 (CD-ROM).
- Gabriele Janssen & Volker Neuber: Industrial Safety Management according to BetrSichV , a guideline for the implementation of the Industrial Safety Ordinance (BetrSichV) in the individual company areas. ecomed Sicherheit, Landsberg, 2nd edition 2008, ISBN 978-3-609-66345-6 .
- Antonius Spier, Karl Westermann (Hrsg.): Betriebssicherheit - Ein Vorschriftensammlung, 16th edition. Cologne 2019, TÜV Media GmbH, ISBN 978-3-7406-0456-1 .
Web links
- Interactive online tool for risk assessment of freight elevators
- Synopsis of the new industrial safety regulation (comparison BetrSichV 2002 - BetrSichV 2015). Federal Institute for Occupational Safety and Health (BAuA) , accessed on August 20, 2019 (PDF file, 342 KB).
- Presentation of the BMAS on the new industrial safety regulation at the BAuA specialist event on March 18, 2015. Federal Institute for Occupational Safety and Health (BAuA), accessed on June 3, 2015 (PDF file, 287 KB).
Individual evidence
- ↑ Directive 89/655 / EEC (PDF) .
- ↑ Directive 2009/104 / EC (PDF) .
- ↑ Industrial Safety Ordinance : New version adopted. Federal Ministry of Labor and Social Affairs, January 7, 2015, accessed on August 5, 2015 .
