Display activities with asbestos on a company-specific 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 notify the relevant occupational health and safety authority before starting the work. This notification can be company-specific or object-specific. Notification is only mandatory for companies.
Company-related notifications can be made for stationary (e.g. company location) or temporary (e.g. construction site) workplaces. For temporary workplaces, a company-related notification is only possible in the following cases:
- Activities with low exposure (No. 2.8 TRGS 519)
- Low-emission work processes (No. 2.9 TRGS 519)
- Work on a small scale (No. 2.10 Para. 3 TRGS 519), i.e. asbestos cement panels in outdoor areas with less than 100 m2. (An additional notification of place and time must be submitted before work begins).
Maintenance measures (No. 17 TRGS 519)
- Employment of experts in accordance with TRGS 519 (number 5 TRGS 519) for work with weakly bound asbestos additional official approval as a specialist company.
- 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.
- Compulsory occupational health care in accordance with the Ordinance on Occupational Health Care must be carried out for all employees who work with materials containing asbestos before starting work.
- Completed notification in accordance with TRGS 519 Annex 1.1 Company-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 samples in Annex 1.6 and 1.7 TRGS 519
- Certificate of competence according to Annex 3 or 4 TRGS 519
- Ongoing If applicable, Annex 1.2 Supplementary notification of place and time
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 notified to the property or company at least 7 days before the start of the work.
- In addition to the company-related notification, no deadline must be observed for the notification of place and time. This notification can be made at short notice.
- In urgent cases, the competent 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, you must notify the relevant district government as the responsible occupational health and safety authority of the work at least seven days before starting the activity.
- In exceptional cases, the deadline may be shortened upon written application.
- The notifications can be company-related or object-related. Company-related notifications must be sent to the health and safety authority responsible for the company headquarters, property-related notifications must be sent to the health and safety authority responsible for the location of the property.
- A copy of the company-related notification must be kept at the place of use for inspection.
- In addition to the notification, you must also submit the risk assessment and work plan you have drawn up. The notification must be accompanied by proof that the company's personnel and safety equipment are suitable for the notified work.
- If the notification is complete and plausible, you will not receive any feedback from the health and safety authority. After the seven days have elapsed, you can start the notified work.
- Missing notifications, incorrect, incomplete or untimely notifications constitute administrative offenses that can be punished with a fine.
Company-related notifications must be made again in the event of significant changes or after 6 years at the latest.
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.
