Accident prevention regulations
The accident prevention regulations ( UVV ) represent the mandatory obligations for every company and every insured person of the statutory accident insurance with regard to occupational safety and health protection at the workplace .
Accident prevention regulations in Germany
Types of UVV
In Germany adopted in accordance with Seventh Book of the Social Code (SGB VII) the professional associations as the carrier of the statutory accident insurance , the rules of statutory accident insurance (DGUV regulations), by the Federal Ministry of Labor and Social Affairs must be approved as a technical oversight. In the past, the regulations of the employers' liability insurance association BG regulations (BGV), the regulations of the accident insurance institutions of the public sector (Unfallkassen) GUV regulations (GUV-V), the accident prevention regulations of the agricultural trade association (part of the social insurance for agriculture, forestry and horticulture ) were used as regulations for safety and health protection (VSG). These designations have been replaced, but the associated regulations have often only been labeled so that the old designations can still be found on the current printouts (or PDF files).of the
Contents of UVV
The accident insurance institutions adopted as autonomous law Safety Provisions
- Facilities, orders and measures that employers must take to prevent accidents at work , occupational diseases and work-related health hazards, as well as the form in which these tasks are delegated to other people,
- the behavior of the insured to prevent accidents at work, occupational diseases and work-related health hazards,
- Occupational medical examinations and other occupational medical measures to be arranged by the employer before, during and after the performance of work that involves work-related dangers to life and health for the insured person or for third parties,
- Requirements that the doctor who is commissioned with examinations or measures according to number 3 must meet, unless the medical examination is provided for by a state legal regulation,
- ensuring effective first aid by the entrepreneur,
- the measures that the entrepreneur has to take to fulfill the obligations resulting from the law on company doctors , safety engineers and other specialists for occupational safety ,
- the number of safety officers who are to be appointed in Book VII of the Social Code, taking into account the work-related risks that exist in the company for the life and health of the insured and the number of employees.
The first Accident Insurance Act of 1884 authorized the employers' liability insurance association to issue binding accident prevention regulations and to have their compliance checked by so-called “agents” (later “technical inspectors”). From 1900, the employers' liability insurance association was obliged to draw up accident prevention regulations.
In addition, the statutory accident insurance providers issue rules, information and principles.
These are called
- Trade association rules ( DGUV rules formerly BGR / GUVR)
- Trade association information ( DGUV information formerly BGI / GUVI)
- Employer's liability insurance association principles ( DGUV principles formerly BGG / GUVG)
The DGUV rules and DGUV information do not have the status of a regulation, but are state of the art . They specify the protection goals defined in the UVVs and provide information on how they can be achieved. They can be used as a basis for decision-making in the risk assessment (risk assessment) ( employer's leeway ).
The DGUV principles describe test procedures and preventive medical examinations. The contents are to be regarded as binding for the respective measurements or investigations.
There are also technical regulations for concretising and filling out legally binding requirements, so-called sub - statutory regulations .
|Tech. rule||designation||Legal basis|
|TRBS||TR for operational safety||BetrSichV|
|TRGS||TR for hazardous substances||GefStoffV|
|TRBA||TR for biological agents||BioStoffV|
|ASR||TR for workplaces||ArbStättV|
|RAB||Rules for occupational safety on construction sites||BauStellV|
|SprengLR||Explosives storage guidelines||2.SprengV|
|DGUV rule||Trade association rule||SGB VII|
|DGUV information||Trade association information||SGB VII|
|DGUV principle||Professional association principle||SGB VII|
These technical regulations are drawn up by
- private institutions, e.g. B. German Institute for Standardization
- public law / advisory committees, e.g. B. Committee on Hazardous Substances
- Accident insurance carriers, e.g. B. Trade associations
What the rules and regulations have in common is that they are not legally binding, but provide advice on design solutions. Applying the rules triggers a presumption of conformity .
In Europe, the European Commission has been issuing guidelines since the late 1980s that define minimum standards in Europe. Member countries must implement these guidelines in national (occupational safety) law within certain deadlines, but must not fall below the minimum requirements.
The relevant directive is the framework directive 89/391 / EEC on the implementation of measures to improve the safety and health protection of workers at work in conjunction with directive 2007/30 / EC of the European Parliament and of the Council of June 20, 2007 Amendment of Council Directive 89/391 / EEC and its individual directives.
UVV are also applicable abroad for employees insured in Germany. The so-called posting effect applies here. Since the employers' liability insurance association has to regulate or compensate for accidents of people insured in Germany, at least the German accident prevention regulations always apply to employees working abroad, unless the occupational health and safety regulations in the respective country are higher.
The accident prevention regulations are gradually being aligned around the world. Above all, globally operating companies that are certified according to ISO 45001 align their occupational safety standards with international requirements. The Commonwealth countries and North America currently have the highest requirements due to their criminal and civil law.
- Technical rules for operational safety (TRBS)
- Occupational Health and Safety Act
- Workplace Directive
- Accident analysis
- Seventh Book of the Social Code , Section 2 Paragraph 1 No. 5, Section 123 Paragraph 1 (SGB VII)
- www.dguv.de Accessed January 26, 2016 ( Memento of the original from January 26, 2016 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.
- On the accident prevention regulations in the 19th century cf. Collection of sources on the history of German social policy from 1867 to 1914 , Section II: From the Imperial Social Message to the February decrees of Wilhelm II (1881–1890), Volume 2, Part 2: The expansion legislation and the practice of accident insurance , edited by Wolfgang Ayaß , Darmstadt 2001; Collection of sources on the history of German social policy from 1867 to 1914, III. Department: Expansion and differentiation of social policy since the beginning of the New Course (1890–1904), Volume 2, The revision of the accident insurance laws and the practice of accident insurance, edited by Wolfgang Ayaß, Darmstadt 2009.
- Framework Directive - Health and Safety at Work
- Carsten Müller: International mandatory norms of German labor law. Mohr Siebeck, Tübingen 2005, ISBN 3-16-148834-2 , p. 335.