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New Hazardous Substances Ordinance 2024: Fact check with Infraserv expert Dr Gitta Weber
The Ordinance on Protection against Hazardous Substances comprehensively regulates the operating instructions and protective measures for employees when working with substances and mixtures that are, for example, flammable, acutely toxic, corrosive or carcinogenic.
On 13 November 2024, the Federal Cabinet adopted a new Hazardous Substances Ordinance .
Infraserv expert Dr. Gitta Weber summarises the most important changes for you:
What are the main changes?
Restrictions on the use and activities of asbestos are new and even apply to the private sector. There are special reporting obligations that must be taken into account here. For example, anyone carrying out work on asbestos-contaminated buildings or technical systems must inform the contractor of the start and year of construction of the property as part of the duty to co-operate and provide information in accordance with Section 5a.
There are also changes for activities involving so-called CMR substances. These are carcinogenic, germ cell mutagenic and toxic to reproduction and are categorised according to their hazardousness.
What new obligations does the Hazardous Substances Ordinance impose on companies?
There are changes to the recording obligations. There is now an obligation to report when assessment criteria are exceeded for activities involving carcinogenic or germ cell mutagenic substances.
In addition, the recording obligations for activities involving exposure to CMR substances have been specified and extended to include reprotoxic substances.
All exceedances must be reported to the authorities within two months.
An action plan must be drawn up and submitted to the authorities.
Why is it worth adapting to the new requirements of the Hazardous Substances Ordinance at an early stage?
Primary objective: To ensure that the company is legally compliant as quickly as possible.
Expert tip: As a company, you must regularly update your risk assessment, so take the opportunity to check whether you fulfil all the requirements of the new Hazardous Substances Ordinance. This includes instructing employees and updating the hazardous substances register.
Dr. Gitta Weber
Dr Gitta Weber has been working in quality management and occupational health and safety since 1993. After studying chemistry at Johannes Gutenberg University and brief periods at the University of California, Irvine (USA), and the University of Bayreuth, she carried out research and gained her doctorate at the Max Planck Institute for Polymer Research in Mainz. After working at Ciba-Geigy Additives and BG Druck- und Papierverarbeitung, the proven product safety and hazardous substances specialist joined Infraserv Höchst in 2008, where she has headed the Accredited Measurement Centre for Hazardous Substances since 2010.
The changes in detail
Activities with CMR substances
The majority of the changes relate to activities involving so-called CMR substances. These are carcinogenic, germ cell mutagenic and toxic to reproduction and are divided into different categories depending on their hazardousness.
A list of substances classified as carcinogenic (K), germ cell mutagenic (M) and/or reprotoxic (R) can be downloaded from the Institute for Occupational Safety and Health of the German Social Accident Insurance.
- The risk concept for activities involving carcinogenic hazardous substances will in future form an integral part of the Hazardous Substances Ordinance.
- Instead of speaking of “acceptance concentration”, the term “target concentration” will be used in future. This is to be subject to a continuous improvement process.
- Under certain circumstances, companies must submit an action plan in accordance with Section 10 (5). This applies, for example, if workplace limit values for carcinogenic or germ cell mutagenic substances are not complied with or the activities are in the medium risk range because the acceptance concentration has been exceeded. The action plan must contain information on the intended reduction in exposure and the timeframe for implementation.
- An official notification obligation exists for carcinogenic and germ cell mutagenic substances of categories 1A and 1B if workplace limit values or tolerance limits are exceeded. It is then necessary to submit the measured exposures and an action plan for eliminating the limit value violations to the authorities within 2 months.
- In future, reprotoxic substances (R) of categories 1A and 1B must also be included in the exposure register. In contrast to CM substances, however, the register does not have to be kept for 40 years after the last entry, but only for 5 years.
Relaxation in the storage of toxic substances
Only acutely toxic substances and mixtures of categories 1, 2 and 3 must be stored under lock and key. This no longer applies to CMR substances of categories 1A and 1B as long as only authorized persons have access to them.
Stricter rules for asbestos
Particularly when renovating or refurbishing old buildings, exposure to asbestos is a recurring problem for occupational health and safety. For this reason, the Hazardous Substances Ordinance no longer distinguishes between “weak” and “firmly bound” asbestos.
Anyone who initiates work on buildings or technical systems contaminated with asbestos must inform the contractor of the start and year of construction of the property as part of the duty to cooperate and provide information in accordance with Section 5a.
The new version of the Hazardous Substances Ordinance also contains a new description of the qualifications required for activities involving asbestos.
Tightening of the levy regulation for biocides
According to the Biocide Law Implementation Ordinance (ChemBiozidDV) published on August 25, 2021, certain biocides such as rodenticides, insecticides and antifouling agents may only be supplied to end customers by persons with the appropriate expertise.
Where is there a need for action in your company?
- Check where in your company employees are exposed to CMR substances.
- Create or update an exposure register, which is mandatory according to the Hazardous Substances Ordinance § 14 (3).
- Hand over the exposure register to departing employees together with their other personal documents.
- Check workplace exposure limits in accordance with the Technical Rules for Hazardous Substances (TRGS 900).
- Apply amended regulations for activities involving asbestos.
- Check whether expert knowledge is required and available when placing chemicals on the market.
Want to find out more about the changes to the Hazardous Substances Ordinance?
Do you still have questions about the current provisions of the Hazardous Substances Ordinance or occupational health and safety in general?
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