Tätigkeiten mit Asbest im Bereich niedrigen oder mittleren Risikos unternehmensbezogen anzeigen

Verordnung zum Schutz vor Gefahrstoffen (Gefahrstoffverordnung – GefStoffV):

• § 11a Anforderungen an Tätigkeiten mit Asbest

Anhang I (zu § 8 Absatz 8, § 11a Absatz 1 bis 6, § 12 Absatz 1 und 4, §1 5b Absatz 3, §15 cA bsatz 2 und 3, §1 5d Absatz 1,3,4,6 und 7,

§ 15f Satz, § 15g Absatz 2) Besondere Vorschriften für bestimmte Gefahrstoffe und Tätigkeiten):

• Nummer 3.5 Anzeige

If you wish to carry out activities involving asbestos, you must notify the competent authority.

Activities in which asbestos fibres are released or may be released must be notified on a company-specific basis in the low or medium risk area. In the case of changing workplaces, an object-related notification is required for activities in the high-risk area.

The following information is required for the notification:

• Details of the applicant and the premises,
• The type and quantity of asbestos-containing materials handled
• the activity carried out and the working methods used,
• Indication of the risk area including the type of exposure assessment,
• Number of competent employees,
• Measures to limit the exposure of employees to asbestos,
• Details of the responsible and supervising person (proof of qualifications),
• Risk assessment including work plan in accordance with Annex I number 3.2.

In the case of changing workplaces, a supplementary notification is required for activities in the medium-risk area. The location of the workplace and the start and duration of the activities must be notified.

The employer may only allow activities involving asbestos to be carried out if the company has the necessary safety, organisational and personnel equipment. The employer must give priority to work procedures and take technical protective measures to prevent or minimise the release of asbestos fibres. The employer must define and implement risk-related protective measures in accordance with Annex I Number 3.3 of the Hazardous Substances Ordinance (e.g. dust-tight separation of the work area, material sluice), taking into account the rules published in accordance with Section 20 (4) (e.g. TRGS 219). The employer must take measures to prevent any risk to other persons.

Companies require authorisation from the competent authority if activities in the high-risk area are to be carried out. The employer must apply for authorisation in writing or electronically in accordance with Annex I Number 3.4.

For activities involving asbestos, the employer must ensure that

1. the identification and assessment of the hazards, the determination of the necessary protective measures and the implementation of the instructions are carried out by a person who has expertise in accordance with Annex I Number 3.7 of the Hazardous Substances Ordinance; if the employer does not have the necessary expertise himself, he must appoint a competent responsible person in the company to fulfil these tasks,
2. the activities are supervised by a person authorised to issue instructions who is qualified in accordance with Annex I Number 3.7 of the Hazardous Substances Ordinance; this supervising person must be present on site at all times while the activities are being carried out,
3. the activities are only carried out by employees who are qualified in accordance with Annex I Number 3.6 of the Hazardous Substances Ordinance.

The requirements for expertise in accordance with sentence 1 numbers 1 and 2 depend on the tasks to be performed in the company and the risk area of the activities to be carried out. When using recognised low-emission processes, the required qualification of the supervising person can be acquired by participating in a specific practical training measure in accordance with Annex I number 3.6 paragraph 2 of the Hazardous Substances Ordinance.

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After you have made the notification, the competent authority will check the notification and, if necessary, request additional documents. The report is usually not confirmed.

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The notification for activities involving asbestos must be submitted at least one week before the start of the activities. In justified cases, the competent authority may waive the deadline. The notification must be made again before a change in the working conditions that may lead to a significant increase in the exposure of employees. The company-related notification must be made again after six years at the latest.

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