Display activities with asbestos on an object-related basis
Description
The manufacture, use and processing of materials containing asbestos is generally prohibited for both companies and private individuals. Exceptions apply to demolition, renovation and maintenance work.
If this involves working with materials containing asbestos, you as an entrepreneur must report this to the responsible occupational health and safety authority before starting the work. This notification can be company-related or object-related. The object-related notification for companies must be made 7 days before the start of work.
Object-related notifications must generally be submitted if the work is to be carried out outside the company premises (e.g. construction sites).
- Employment of experts in accordance with TRGS 519 (Number 5 TRGS 519).
- Demolition, renovation and maintenance work on materials containing asbestos may only be carried out by specialist companies. At least one competent person authorized to issue instructions must be present on site during the work (exception see TRGS 519 No. 2.15). Certificates of competence are valid for a period of 6 years. Further information on the training courses can be found in Annexes 3 and 4 of TRGS 519.
- Demolition and renovation work on materials containing asbestos in weakly bound form may only be carried out by specialist companies that have an official license.
- Compulsory occupational health care in accordance with the Ordinance on Occupational Health Care must be carried out for all employees working with materials containing asbestos before work begins.
- Completed notification in accordance with TRGS 519 Annex 1.3 Object-related notification of activities involving materials containing asbestos
- Risk assessment/work plan in accordance with Annex 1.4 of TRGS 519
- Operating instructions according to the model in Annex 1.6 and 1.7 TRGS 519
- Supplementary information in accordance with Annex 1.5 TRGS 519 for AS work on weakly bound products (does not apply to small-scale activities in accordance with No. 14.4)
- Proof of competence according to Annex 3 or 4 TRGS 519
Is based on the respective administrative fee schedule of the federal state or on the fee statutes of the authorities responsible under federal state law.
- Activities involving materials containing asbestos must be reported to the authorities at least 7 days before the start of the work.
- In urgent cases, the competent occupational health and safety authority may agree to shorten the deadline.
In principle, there is no confirmation by the authority.
Administrative court action
Appeal (depending on state law, the appeal may be excluded)
- When working with asbestos, at least one person in the company must be competent in accordance with TRGS 519.
- In order to determine the personnel and safety equipment required for your job, you must first determine whether asbestos is present in solid or weakly bound form as part of your risk assessment. Information on whether asbestos is present or expected, depending on the usage or construction history of the property, must be obtained from the building owner or client.
- Based on the results of your preliminary investigation, the necessary occupational safety measures and the work procedure to be used must be determined.
- You then draw up a work plan. In this plan, you set out which work procedures and work equipment will be used to remove and dispose of asbestos and materials containing asbestos.
- Based on the risk assessment and the work plan, you must instruct your employees in relation to the work to be carried out.
- If the above requirements are met, notify the relevant health and safety authority of the work at least seven days before starting the activity.
- In exceptional cases, the deadline can be shortened upon written request.
- The notifications can be company-related or object-related. Property-related notifications must be sent to the health and safety authority responsible for the location of the property.
- If the notification is complete and plausible, you will not receive any feedback from the health and safety authority. about it. After the seven days have elapsed, you can start with the notified work.
- Missing notifications, incorrect, incomplete or untimely notifications constitute administrative offenses that can be punished with a fine.
A copy of the notification must be sent to the responsible statutory accident insurance institution (e.g. BG BAU).
Ministry of Labor, Health and Social Affairs of the State of North Rhine-Westphalia
27.02.2024
The text was automatically translated based on the German content.
