The new Hazardous Substances Ordinance introduces important changes to protect employees who work with carcinogenic, mutagenic and reprotoxic substances. The focus is on adapted regulations on asbestos and a binding risk concept.

In future, all companies that work with carcinogenic hazardous substances must follow a “traffic light principle” for risk assessment. This concept, which was already anchored in the Technical Rule for Hazardous Substances 910 (TRGS 910), is now legally binding. Activities involving carcinogenic hazardous substances are assigned to a risk area: Green stands for low risk, yellow for medium risk and red for high risk. Employers are responsible for defining protective measures according to the level of risk. The measures increase with the level of risk.

The regulations on asbestos have also been amended. The risk classification is decisive for the requirements for protective measures and qualifications. There are now legal requirements for so-called “functional maintenance” activities. These activities can be carried out if appropriate protective measures have been taken and employees have the necessary qualifications. This applies, for example, to manual activities such as the installation of new sockets in walls or energy-efficient refurbishment. Further information on the new Hazardous Substances Ordinance can be found in the press release from the German Social Accident Insurance (DGUV) and the press release from the German Social Accident Insurance Institution for the construction industry (BG Bau).