Protection level concept
The protection level concept was a graduated system of protective measures through the amended Hazardous Substances Ordinance published on December 29, 2004 in the Federal Law Gazette and which came into force on January 1, 2005 . With the new version of the Hazardous Substances Ordinance 2010, however, the concept was abandoned again. With the 2010 amendment, the globally harmonized system for the classification and labeling of chemicals ( CLP regulation ) and the REACH regulation of the European Parliament were implemented in Germany.
Obligations of the entrepreneur - old Ordinance on Hazardous Substances
Section 16 GefStoffV - obligation to investigate
The employer is obliged to determine whether
- a hazardous substance is present or arises
- Substitutes or processes with lower health risks are applicable
§ 18 GefStoffV - Obligation to monitor
The employer can fulfill the monitoring obligation through
- Comparison with similar plants or activities
- calculation
- Concentration measurements of hazardous substances in the workplace
- Examination of body fluids ( biological workplace tolerance value - BAT)
- Fulfillment of process or substance-specific criteria (VSK according to TRGS 420)
- Use of tested systems
§ 17 GefStoffV - protection obligation
The protective measures must meet the
- Regulations of hazardous substances law (Hazardous Substances Ordinance),
- Accident prevention regulations,
- Comply with generally recognized safety, occupational medicine and hygienic rules (exceptions according to § 44 GefStoffV).
Obligations of the entrepreneur - NEW Hazardous Substances Ordinance
- Information from the distributor or from other readily accessible sources
- Separate risk assessment for maintenance work, operating and monitoring activities, emergencies
- Fire and Explosion Hazards
- Hazards of unlabelled substances and preparations
- Separate determination depending on the exposure route u. physico-chemical hazard
- Limit values and possibilities of substituting the input materials, working conditions and processes, including the amount of hazardous substances
- Written form (not for protection level 1), production by a competent person (participation of company doctor or occupational safety specialist, if appointed)
- regardless of the number of employees; Obligation to update before starting work
- A list of the hazardous substances used, including safety data sheets, must be accessible to all employees concerned
Protection level 1 - Activities within the scope of the minor regulation § 7 Paragraph 9 GefStoffV
for a specific activity with:
- small amount of substance (keyword: "commercially available")
- according to the level and duration of low exposure
- low risk (does not apply to "T-substances", i.e. for substances labeled "toxic" (T) or "very toxic" (T +))
only measures according to § 8 GefStoffV:
- TRGS 500 (similar to Workplace Ordinance and Occupational Safety and Health Act )
- Minimization requirement, as well as manufacturing and use bans
- Review of the effectiveness of the tech. Protective measures at least every 3 years
- Instruction according to § 12 ArbSchG
Protection level 2 - activities without T-substances, if protective measures of SSt 1 are not sufficient
Basic measures according to § 9 GefStoffV
- Substitute materials requirement with documentation obligation
- Minimization requirement with priority of the protective measures
- new risk assessment if the occupational exposure limit is exceeded
- for substances without AGW: proof of the effectiveness of the protective measures - otherwise measurement
- Instruction according to GefStoffV, prohibition of working alone
Biocides § 9 (11) GefStoffV
- Use only in accordance with approval and Labelling
- Limit use to a minimum, taking physical, biological or chemical alternatives into account
- Also applies in households
Order of precedence of the protective measures § 9 GefStoffV
- less dangerous input materials
- Adaptation to the state of the art; closed system
- Extraction of the substances at the point of exit or origin
- Ventilation measures
- Personal protective equipment : Section 9 (3) Employees must use protective equipment and the employer must not allow it as a permanent measure
Protection level 3 - activities with toxic and very toxic substances and preparations
Basic measures according to § 10 GefStoffV
- SUBSTITUTION OBLIGATION; if technically not possible, then
- closed system; if not technically possible
- Reduction of exposure according to the state of the art
- The employer ensures that the AGW is observed.
- Measures in the event of non-compliance with the AGW; especially for ASI work (personal protective equipment)
- Documentation of further measures to reduce exposure in risk assessment
- He has to carry out the necessary measurements or equivalent and unambiguous verification procedures.
- The results are to be kept and made available to employees.
- Access restriction (exception: petrol at filling stations)
Protection level 4 - activities with carcinogenic, mutagenic or fertility-endangering substances of categories 1 or 2
not if: the occupational exposure limit is complied with or the activities are carried out in accordance with a VSK
- Compliance with the occupational exposure limit must be documented in the risk assessment
- Measures in the event of non-compliance with the AGW; especially for ASI work (respiratory protection, protective clothing - for the entire duration of the work, but limited to a minimum for each employee)
- Documentation of further measures to reduce exposure in the UK
- Usually no air return
- Delimitation of danger areas and attachment of warning and safety signs
Individual evidence
- ↑ BGBl. 2004 I No. 74
- ↑ Ulrich Welzbacher: The new Ordinance on Hazardous Substances is coming. In: Hazardous substances - cleanliness. Air . 64, No. 11/12, 2004, ISSN 0949-8036 , pp. 463-466.
- ↑ Reinhold Rühl: As always - and yet completely different: the Munich Hazardous Substances Ordinance 2010. In: Hazardous substances - Reinhalt. Air. 71, No. 1/2, 2011, ISSN 0949-8036 , pp. 36-38.