Hazardous Substances and New Organisms Act 1996

The Hazardous Substances ( Ordinance on Hazardous Substances ) is a regulation for protection against hazardous substances in the German labor protection. The statutory authorization is included in the Chemicals Act ( Chemicals Act ). Since 2005, the Occupational Safety and Health Act is the legal basis for the Ordinance on Hazardous Substances.

The Hazardous Substances Act was drafted in 1983 and adopted in 1986 for the first time. Since then it has been amended several times:

In the risk assessment are hazard

  • By physico - chemical properties (in particular fire and explosion hazards)
  • By toxic properties and
  • By special properties associated with certain activities

Independently to assess.

  • 3.2.1 Hazard characteristics - § 3 Ordinance on Hazardous Substances
  • 3.2.2 Classification, Labelling and Packaging - § § 4, 13, 15-17 Chemicals Act, § 4 Hazardous Substances Ordinance
  • 3.2.3 Material Safety Data Sheet and other information obligations - § 5 Hazardous Substances Ordinance
  • 3.5.1 Prohibitions and Restrictions
  • 3.6.1 enforcement regulations and Committee on Hazardous Substances
  • 3.7.1 Offences and crimes
  • 4.1 Who?
  • 4.2 How?
  • 4.3 what?

The former protection levels

Starting from the identification of the hazardous substance were to 30 November 2010 Working with hazardous materials in four levels of protection divided ( protection level concept ):

  • Protection level 1: minimum measures
  • Protection level 2: Standard protection level for activities involving hazardous substances
  • Protection level 3: Additional application when working with toxic and very toxic substances
  • Protection Level 4: Additional application when working with carcinogenic, mutagenic and fertility -depleting substances ( CMRs ).

The new measures pacts

The new GHS labeling system is not compatible with this concept of protection levels. Therefore, the levels of protection have been removed from the Hazardous Substances Regulation. The heart of the by December 1, 2010 amended Regulation, § § 6 to 10, where the requirements for risk assessment, basic duties and safeguard measures, depending on the hazard are described.

Paragraphs 7 to 10 describe specific action packages to be implemented depending on the occurring risks from activities involving hazardous substances.

These packages of measures build on each other:

  • § 7 basic obligations in the implementation of protective measures
  • § 8 general protection measures for low-risk and " normal" risk
  • § 9 additional protective measures at " elevated " risk.
  • § 10 special protective measures for working with carcinogenic, mutagenic and fertility gefährdenen hazardous substances of category 1 or 2

Content of Hazardous Substances

Section I - Scope and definitions

The purpose of the Ordinance on Hazardous Substances - § 1 para 1 Ordinance on Hazardous Substances

Protection of man and the environment against harmful effects

  • Occupational Safety and Health
  • Consumer Protection (Trafficking )
  • Conservation

Scope - § 1 Ordinance on Hazardous Substances

  • Have for all dangerous substances and preparations within the meaning of § 3 para 1 of the Chemicals Act and for which other chronic harmful properties or which are potentially explosive
  • Substances, preparations and products that would be marked additionally according to the Directives 76/769/EEC, 96/59/EEC or 1999/45/EC
  • Biocidal products which do not have the hazard characteristics and biological agents that are marketed as a biocide
  • Restrictions are based on § 1 paragraph 2 to 5 to check the Hazardous Substances Ordinance in a particular case: for example, the Hazardous Substances Ordinance does not apply to biological agents, the bans on certain chemicals and the rules for the handling of hazardous materials shall not underground and in households.
  • In case of doubt, the following applies: An employee has to work with a hazardous substance or a hazardous substance must be commercially marketed.
  • Exceptions: In accordance with § 20 Section 1 of the Hazardous Substances Ordinance by the competent authority a written request to equally effective measures, or at a non- reasonable hardness. According to § 20 para 2 Hazardous Substances Ordinance no markings for marketing in small quantity without any risk and not highly flammable, explosive, corrosive, biocide or CMR.

Definition - § 2 Ordinance on Hazardous Substances

  • Activities (formerly handling ) are " all-inclusive " regulated (including operating and monitoring activities ); also transport ( here: general protection measures note ).
  • Occupational exposure limit ( OEL) time-weighted average concentration of a substance in the air in relation to a specified reference period. It indicates acute up to what concentration of a substance or chronic adverse effects on the health of employees generally are not expected.
  • Is Professional who is capable of exercising a certain task in this Regulation.
  • Is Knowledgeable, who has extended his existing expertise by participating in an officially recognized Proficiency course.
  • Employer it is equal to the contractors without employees.
  • Employees: they are in the homework ... as well as students and other individuals, particularly in academic institutions persons who perform activities involving hazardous substances, the same.

Section II - Hazardous Materials Information

Hazard characteristics - § 3 Ordinance on Hazardous Substances

  • The term " hazardous substance " from § 19 of the Chemicals Act ( basis for authorization )
  • Hazardous substances pursuant to § 3a of the Chemicals Act; explosive substances and preparations; Substances and preparations dangerous substances may arise in their dealings; other hazardous chemical substances; for substances, preparations and products that transmit pathogens.

Classification, Labelling and Packaging - § § 4, 13, 15-17 Chemicals Act, § 4 Hazardous Substances Ordinance

  • Classifying substances under Directive 67/548/EEC, of preparations according to Directive 1999/45/EC, of biocidal products (biological agents) according to § § 3 and 4 BiostoffV.
  • Required labeling (see GHS)
  • Proper packaging,
  • If necessary a safety
  • Prepared according to the prior art
  • Note on production and use prohibitions
  • Register

Safety Data Sheet and other information obligations - § 5 Hazardous Substances Ordinance

See main article MSDS

Section Three - Risk assessment and Duties

  • § 6 risk assessment
  • § 7 basic obligations in the implementation of protective measures

Section Four - Precautions

The protective measures packets are extensive with increasing hazard step by step. At low and normal hazard the general protective measures described in § 8 have to take in addition to the amount specified in § 7 basic obligations. With increased risk, additional measures will be added according to § 9. For activities with certain chronic depleting substances also special protective measures according to § 10 are required

  • § 11 Special measures of protection against physical and chemical effects, especially against fire and explosion hazards
  • § 12 activities with explosive substances and organic peroxides
  • § 13 breakdowns, accidents and emergencies ( safety drills at regular intervals; fastest possible restoration of the normal state; protective equipment, provision of warning and communication systems to indicate an increased risk of information non-operating accident and emergency services through in-house emergency response. )
  • § 14 Information and training of workers. This includes the written operating instructions for the employees in an understandable form and language. The training shall be orally prior to commencement of employment and thereafter at least annually workplace related. It is supplemented by an occupational medicine and toxicological advice with regard to offer examinations.
  • § 15 Cooperation of different companies. The employer is responsible for ensuring that only contractors are used that have the required expertise and experience.

Section Five

Prohibitions and Restrictions

  • § 16 production and use restrictions
  • § 17 National exceptions to rules in accordance with Regulation (EC ) No 1907/2006 REACH

Section Six

Enforcement rules and Committee on Hazardous Substances

  • § 18 Notification of authority
  • § 19 Regulatory exemptions, orders and powers
  • § 20 Committee on Hazardous Substances (AGS ). The AGS determines Technical Rules for Hazardous Substances ( Technical Rule ) and other scientific evidence according to the prior art, occupational medicine and industrial hygiene.

Section Seven

Offenses and offenses

  • § 21 Chemicals Act - Ads
  • False or failure to notify the registration office under the Chemicals Act
  • Incorrect or missing message when working with asbestos, in fumigation and pest control and for activities involving certain quantities of ammonium nitrate
  • § 22 Chemicals Act - activities
  • No or a wrong MSDS
  • § 23 Chemicals Act - EC acts
  • § 24 Chemicals Act - manufacture and use restrictions

Specific requirements for certain hazardous substances (Chemicals Act, Annex II to § 16 paragraph 2)

  • Number 1 Asbestos
  • Number 2 2 -naphthylamine, 4 -aminobiphenyl, benzidine, 4 - Nitrobiphenyl
  • Number 3 pentachlorophenol and its compounds
  • Number 4 cooling lubricants and corrosion inhibitors
  • Number 5 Biopersistent fibers
  • Number 6 is particularly dangerous carcinogenic substances

Identification

Who?

  • Manufacturer (§ 5 GefstoffV )
  • Importer (§ 5 GefstoffV )
  • Employer ( § 8 paragraph 4 Ordinance on Hazardous Substances )
  • ( Distributor according to § 15 of the Chemicals Act )

How?

  • Significantly format and justice
  • Durable
  • In German
  • Completely
  • Outer packaging after GGVSEB

With what?

  • Designation
  • Amount
  • Ingredients
  • Hazard symbols and hazard statements
  • H-phrases ( GHS )
  • P -phrases ( GHS )
  • Name, address and telephone number of the manufacturer or importer
Threshold limit value
363835
de