BGV A1: Principles of prevention
- General regulations
- § 1 Scope of accident prevention regulations
- II Obligations of the Contractor
- § 2 Basic obligations of the contractor
- § 3 Assessment of working conditions, documentation, duty to provide information
- § 4 Instruction of insured persons
- § 5 Awarding of contracts
- § 6. cooperation between several contractors
- § 7. qualification for activities
- § 8 Hazardous work
- § 9 Prohibition of entry and stay
- § 10 Inspection of the company, issuing an order, duty to provide information
- § 11 Measures in the event of deficiencies
- § 12 Provision of rules and regulations
- § 13 Transfer of duties
- § 14 Exceptions
- III Obligations of the insured persons
- § 15 General support obligations and conduct
- § 16 Special duties of assistance
- § 17 Use of facilities, work equipment and working materials
- § 18 Prohibitions on entry and stay
- IV. Organization of occupational health and safety
- § 19 Appointment of occupational safety specialists and company doctors
- § 20 Safety officers
- Section Two: Measures in the event of special hazards
- § 21 General duties of the employer
- § 22 Emergency measures
- § 23 Measures against the effects of weather conditions
- Section Three: First aid
- § 24 General duties of the contractor
- § 25 Required equipment and material resources
- § 26 Number and training of first aiders
- § 27 Number and training of company paramedics
- § 28 Obligations of the insured persons to provide assistance
- Section Four: Personal protective equipment
- § 29 Provision
- § 30 Use
- § 31 Special instructions
- § 32 Administrative offenses
- § 33 Übergangs- und Ausführungsbestimmungen
- The new accident prevention regulatio
BGVBGV A1: Principles of prevention. I. General regulations are regulated in § 1.
Accident prevention regulations apply to employers and insured persons; they also apply to employers and employees of foreign companies that carry out an activity in Germany without belonging to an accident insurance institution, insofar as insured persons are working in or for the company for whom another accident insurance institution is responsible.
Is regulated by § 2 to14.
(1) The employer shall take the necessary measures to prevent accidents at work, occupational diseases and work-related health hazards and to provide effective first aid. The measures to be taken are specified in particular in national occupational health and safety regulations (Annex 1), this accident prevention regulation and in other accident prevention regulations.
(2) The employer shall base the measures referred to in paragraph 1 on the general principles set out in Section 4 of the Act on the Implementation of Occupational Health and Safety Measures to Improve the Safety and Health Protection of Employees at Work (Occupational Health and Safety Act - ArbSchG) and, in particular, on the state and trade association regulations.
(3) The employer must plan, organize and implement the measures in accordance with paragraph 1 in accordance with the provisions of § 3 paragraph 1 sentences 2 and 3 and paragraph 2 of the Occupational Health and Safety Act (ArbSchG) and, if necessary, adapt them to changing circumstances.
(4) The employer may not issue any instructions that are contrary to safety regulations.
(5) The employer may not impose the costs of measures in accordance with this accident prevention regulation and the accident prevention regulations otherwise applicable to him on the insured persons.
(1) The employer shall determine which measures are required in accordance with § 2 (1) by assessing the hazards associated with the work of the insured persons in accordance with § 5 (2) and (3) of the Occupational Health and Safety Act (ArbSchG).
(2) The employer shall review risk assessments in particular if the operational circumstances with regard to safety and health protection have changed.
(3) The employer shall document the result of the risk assessment in accordance with paragraph 1, the measures he has determined and the result of their review in accordance with Section 6 (1) of the Occupational Health and Safety Act (ArbSchG).
(4) Upon request, the employer must provide the employers' liability insurance association with all information on the occupational health and safety measures taken in the company.
(1) The employer must instruct the insured persons on safety and health protection at work, in particular on the hazards associated with their work and the measures to prevent them, in accordance with Section 12 (1) of the Occupational Safety and Health Act (ArbSchG) and, in the case of temporary employment, in accordance with Section 12 (2) of the Occupational Safety and Health Act (ArbSchG); the instruction must be repeated if necessary, but at least once a year; it must be documented.
(2) The employer must convey to the insured persons the contents of the applicable accident prevention regulations and rules of the employers' liability insurance association for safety and health at work (BG rules) as well as the relevant state rules and regulations relevant to their work area or activity in a comprehensible manner.
(1) If employees of several employers or independent sole traders work at one workplace, the employers must cooperate with regard to the safety and health protection of the employees, in particular with regard to the measures according to § 2 para. 1, in accordance with § 8 para. 1 of the Occupational Health and Safety Act (ArbSchG). In particular, they must appoint a person to coordinate the work, insofar as this is necessary to avoid possible mutual hazards; to avert particular hazards, this person must be given appropriate authority to issue instructions.
(2) Depending on the type of activity, the employer must ensure that persons working in his company have received appropriate instructions regarding the risks to their safety and health during their work in his company.
(1) The employer shall take the necessary measures to prevent accidents at work, occupational diseases and work-related health hazards and to provide effective first aid. The measures to be taken are specified in particular in national occupational health and safety regulations (Annex 1), this accident prevention regulation and in other accident prevention regulations.
(2) The employer shall base the measures referred to in paragraph 1 on the general principles set out in Section 4 of the Act on the Implementation of Occupational Health and Safety Measures to Improve the Safety and Health Protection of Employees at Work (Occupational Health and Safety Act - ArbSchG) and, in particular, on the state and trade association regulations.
(3) The employer must plan, organize and implement the measures in accordance with paragraph 1 in accordance with the provisions of § 3 paragraph 1 sentences 2 and 3 and paragraph 2 of the Occupational Health and Safety Act (ArbSchG) and, if necessary, adapt them to changing circumstances.
(4) The employer may not issue any instructions that are contrary to safety regulations.
(5) The employer may not impose the costs of measures in accordance with this accident prevention regulation and the accident prevention regulations otherwise applicable to him on the insured persons.
the insured persons are capable of complying with the provisions and measures to be observed for safety and health protection in the performance of the task.
(2) The employer may not employ insured persons who are clearly incapable of carrying out work without endangering themselves or others.
(1) If hazardous work is carried out jointly by several persons and requires mutual communication in order to avoid hazards, the employer shall ensure that a reliable person familiar with the work is in charge of supervision.
(2) If hazardous work is carried out by one person alone, the employer shall provide suitable technical or organizational personal protection measures in addition to the general protective measures.
The employer must ensure that unauthorized persons do not enter parts of the company if this poses a risk to health and safety.
If a defect occurs in a piece of work equipment, a facility, a work procedure or a work process that poses an otherwise unavoidable risk to the insured persons, the employer must withdraw the work equipment or facility from further use or shut it down or discontinue the work procedure or work process until the defect has been rectified.
(1) The employer shall take the necessary measures to prevent accidents at work, occupational diseases and work-related health hazards and to provide effective first aid. The measures to be taken are specified in particular in national occupational health and safety regulations (Annex 1), this accident prevention regulation and in other accident prevention regulations.
(2) The employer shall base the measures referred to in paragraph 1 on the general principles set out in Section 4 of the Act on the Implementation of Occupational Health and Safety Measures to Improve the Safety and Health Protection of Employees at Work (Occupational Health and Safety Act - ArbSchG) and, in particular, on the state and trade association regulations.
(3) The employer must plan, organize and implement the measures in accordance with paragraph 1 in accordance with the provisions of § 3 paragraph 1 sentences 2 and 3 and paragraph 2 of the Occupational Health and Safety Act (ArbSchG) and, if necessary, adapt them to changing circumstances.
(4) The employer may not issue any instructions that are contrary to safety regulations.
(5) The employer may not impose the costs of measures in accordance with this accident prevention regulation and the accident prevention regulations otherwise applicable to him on the insured persons.
(1) The employer shall make the accident prevention regulations applicable to his company available to the insured persons in a suitable place.
(2) The employer shall make the rules and regulations applicable to their area of responsibility available to the persons entrusted with the implementation of measures in accordance with Section 2 (1).
The employer can commission reliable and competent persons in writing to carry out the tasks incumbent upon him under accident prevention regulations on his own responsibility. The assignment must specify the area of responsibility and powers and must be signed by the authorized person. A copy of the assignment must be given to him.
(1) The employer may apply in writing to the Employer's Liability Insurance Association for exceptions to accident prevention regulations in individual cases.
(2) The employers' liability insurance association may comply with the application under paragraph 1,
1. if the employer takes another, equally effective measure
or
2. the implementation of the regulations would lead to disproportionate hardship in the individual case and the deviation is compatible with the protection of the insured persons.
The application must be accompanied by a statement from the company employee representatives.
(3) If the application under paragraph 1 relates to provisions in accident prevention regulations that are also the subject of state occupational health and safety regulations, the social accident insurance institution shall obtain and take into account an opinion from the state occupational health and safety authority responsible for implementing the state occupational health and safety regulations.
(4) Procedural provisions contained in state occupational health and safety regulations, in particular regarding approvals, permits, exemptions, notifications and submission obligations, shall remain unaffected by this accident prevention regulation; the official measures to be taken in accordance with these provisions shall be the responsibility of the competent occupational health and safety authorities.
Regulated by §15 to 18.
(1) Insured persons are obliged to ensure their own safety and health at work and the safety and health of those affected by their actions or omissions as far as they are able and in accordance with the instructions and directions of the employer. Insured persons must support measures to prevent accidents at work, occupational illnesses and work-related health hazards and to provide effective first aid. Insured persons must follow the relevant instructions of the employer. Insured persons must not follow instructions that are clearly detrimental to health and safety.
(2) Insured persons must not use alcohol, drugs or other intoxicating substances to put themselves in a state that could endanger themselves or others.
(3) Paragraph 2 also applies to the use of medication.
1) Insured persons must immediately report to the employer or the responsible supervisor any immediate and significant risk to health and safety that they identify, as well as any defects identified in the protective devices and protective systems. Notwithstanding this obligation, insured persons shall also notify the occupational safety specialist, the company doctor or the safety officer of any risks to health and safety and defects in the protective devices and protective systems that they identify.
(2) If an insured person discovers that, with regard to the prevention of occupational accidents, occupational illnesses and work-related health hazards, work equipment or other equipment is defective, working materials are not properly packaged, labeled or procured, or a work process or work procedures are defective, he or she must, insofar as this is part of his or her work task and he or she has the necessary qualifications, remedy the defect immediately. Otherwise, he must report the defect to his superior immediately.
Insured persons must use equipment, work equipment and working materials as well as protective devices as intended and within the scope of the work tasks assigned to them.
Insured persons may only be in dangerous places within the scope of the tasks assigned to them.
Section One: Safety and company medical support, safety officers is regulated by § 19 to 20.
(1) The employer shall appoint occupational safety specialists and company doctors in accordance with the German Act on Company Doctors, Safety Engineers and other Occupational Safety Specialists (Occupational Safety Act - ASiG) and the relevant accident prevention regulations.
(2) The employer shall promote cooperation between the occupational safety specialists and the company doctors.
(1) The employer shall appoint safety representatives at least in the number specified in Annex 2 to this accident prevention regulation.
(2) The safety representatives shall support the employer in the implementation of measures to prevent accidents at work, occupational diseases and work-related health hazards, in particular by ensuring that the prescribed protective devices and personal protective equipment are present and properly used and by drawing attention to accident and health hazards for the insured persons.
(3) The employer shall give the safety representatives the opportunity to perform their duties, in particular to take part in company inspections and in the investigations of accidents and occupational illnesses by the inspectors of the employers' liability insurance associations; the safety representatives shall be informed of the results of these inspections.
(4) The employer shall ensure that the occupational safety specialists and company doctors cooperate closely with the safety officers.
(5) The safety representatives must not be disadvantaged because of the fulfillment of the tasks assigned to them.
(6) The employer shall give the safety representatives the opportunity to take part in training and further training measures organized by the employers' liability insurance association, insofar as this is necessary in view of the type of operation and the associated accident and health risks for the insured persons.
Regulated by § 21 to 23.
§ Section 21 General obligations of the employer
(1) The employer shall take precautions to ensure that all insured persons who are or may be exposed to an immediate and significant danger are informed of this danger and the protective measures taken or to be taken as early as possible. In the event of imminent serious danger to their own safety or the safety of other persons, the insured persons must be able to take the appropriate measures to avert the danger and limit the damage themselves if the responsible supervisor cannot be reached; the knowledge of the insured persons and the available technical resources must be taken into account.
(2) The employer must take measures to enable the insured persons to leave the workplace immediately in the event of imminent serious danger.
(1) In accordance with § 10 of the Occupational Health and Safety Act (ArbSchG), the employer must plan, implement and monitor the measures required in particular in the event of fires, explosions, uncontrolled leakage of substances and other dangerous disruptions to operations.
(2) The employer shall familiarize a sufficient number of insured persons with the use of fire extinguishing equipment for fighting incipient fires through instruction and practice.
If the employer employs insured persons outdoors and there are accident and health hazards due to weather conditions, he must provide suitable measures at the workplace, take appropriate organizational protective measures or, if necessary, provide personal protective equipment
Regulated by § 24 to 2
(1) The employer shall ensure that the necessary equipment and material resources as well as the necessary personnel are available for first aid and rescue from danger.
(2) The employer shall ensure that first aid is provided immediately after an accident and that the necessary medical treatment is arranged.
(3) The employer must ensure that injured persons are transported competently.
(4) As far as possible, the employer must ensure that insured persons are presented to a transit doctor, unless the doctor providing initial treatment has determined that the injury will not lead to incapacity for work beyond the day of the accident or that the need for treatment is not expected to last more than one week, in the case of a serious injury, be taken to one of the hospitals designated by the employers' liability insurance associations, in the case of an eye or ear, nose and throat injury, be taken to the nearest available doctor specializing in the relevant field, unless presentation is unnecessary as a result of initial medical treatment.
(5) The employer must ensure that the insured persons are provided with information on first aid and details of the emergency call, first aid and rescue facilities, first aid personnel, doctors to be called and hospitals to be approached by means of notices posted by the employers' liability insurance association or in another suitable written form.
(1) The employer shall ensure that the necessary help can be summoned immediately and directed to the place of use by means of reporting devices and organizational measures, taking into account the operational conditions.
(2) The employer must ensure that the first aid material is readily available and easily accessible at all times in suitable containers, protected against damaging influences, kept in sufficient quantities and replenished and renewed in good time.
(3) The employer must ensure that rescue equipment and means of rescue transportation are kept available, taking into account the operational conditions.
(4) The employer shall ensure that at least one first-aid room or comparable facility that is easily accessible by rescue transport equipment is available in a workplace with more than 1000 insured persons employed there, in a workplace with 1000 or fewer but more than 100 insured persons employed there, if its nature and the type, severity and number of accidents require a separate room for first aid, on a construction site with more than 50 insured persons employed there.
Number 3 also applies if the contractor has subcontracted work to other contractors for the provision of a construction service under a contract he has accepted and a total of more than 50 insured persons are working at the same time.
(1) The employer must ensure that at least one company paramedic is available if
there are more than 1500 insured persons present in a workplace,
there are 1500 or fewer but more than 250 insured persons present at a business premises and the nature, severity and number of accidents require the deployment of paramedics,
more than 100 insured persons are present on a construction site.
Number 3 also applies if the contractor subcontracts work to other contractors for the provision of a construction service under a contract he has accepted and a total of more than 100 insured persons are working at the same time.
(2) In companies in accordance with paragraph 1 sentence 1 no. 1, company paramedics may be dispensed with in agreement with the employers' liability insurance association, unless their deployment is necessary due to the type, severity and number of accidents.
On construction sites in accordance with paragraph 1 sentence 1 no. 3, company paramedics may be dispensed with in agreement with the employers' liability insurance association, taking into account the accessibility of the accident site and the connection to the public rescue service.
(3) The employer may only deploy persons as company paramedics who have been trained by bodies that have been assessed by the employers' liability insurance association as suitable in terms of personnel, equipment and organization.
(4) The employer may only deploy persons as company paramedics who have taken part in basic training and the advanced training course for the company medical service.
A
(1) The employer shall take the necessary measures to prevent accidents at work, occupational diseases and work-related health hazards and to provide effective first aid. The measures to be taken are specified in particular in national occupational health and safety regulations (Annex 1), this accident prevention regulation and in other accident prevention regulations.
(2) The employer shall base the measures referred to in paragraph 1 on the general principles set out in Section 4 of the Act on the Implementation of Occupational Health and Safety Measures to Improve the Safety and Health Protection of Employees at Work (Occupational Health and Safety Act - ArbSchG) and, in particular, on the state and trade association regulations.
(3) The employer must plan, organize and implement the measures in accordance with paragraph 1 in accordance with the provisions of § 3 paragraph 1 sentences 2 and 3 and paragraph 2 of the Occupational Health and Safety Act (ArbSchG) and, if necessary, adapt them to changing circumstances.
(4) The employer may not issue any instructions that are contrary to safety regulations.
(5) The employer may not impose the costs of measures in accordance with this accident prevention regulation and the accident prevention regulations otherwise applicable to him on the insured persons.
(1) As part of their duty to provide assistance in accordance with § 15 para. 1, insured persons must undergo training as first aiders and, as a rule, undergo further training at intervals of two years. After training, they must make themselves available to provide first aid. Insured persons need not comply with the obligations set out in sentences 1 and 2 if there are personal reasons to the contrary.
(2) Insured persons must immediately report any accident to the competent company office; if they are unable to do so, the duty to report lies with the employee who first learns of the accident.
Regulated by § 29 to 31.
Protective Equipment at Work Ordinance (PSA-Benutzungsverordnung - PSA-BV) to provide the insured persons with suitable personal protective equipment; the employer must consult the insured persons before providing such equipment.
(2) The employer must ensure that a sufficient quantity of personal protective equipment is made available to the insured persons for their personal use in the workplace. EC declarations of conformity must be available for the personal protective equipment provided. Sentence 2 does not apply to skin protection products or to personal protective equipment purchased before July 1, 1995, provided that it complies with the regulations in force before July 1, 1992.
(1) The employer must ensure that personal protective equipment is used as intended in accordance with existing wearing time limits and periods of use.
(2) Insured persons must use the personal protective equipment as intended, regularly check that it is in proper condition and report any defects found to the employer without delay.
For personal protective equipment that is intended to protect against fatal hazards or permanent damage to health, the employer must provide the insured persons with the user information to be kept available in accordance with Section 3 (2) of the PPE Usage Ordinance (PSA-BV) as part of instructions with exercises.
Any person who intentionally or negligently violates the provisions of § 209 para. 1 no. 1 of the Seventh Social Security Code (SGB VII) shall be deemed to have committed an administrative offense.
§ 2 para. 5,
§ 12 para. 2,
§ 15 para. 2,
§ 20 para. 1,
§ 24 para. 6,
§ 25 para. 1, 4 no. 1 or 3,
§ 26 para. 1 sentence 1 or para. 2 sentence 1,
§ Section 27 para. 1 sentence 1 no. 1 or 3, para. 3,
§ 29 para. 2 sentence 2 or § 30
is violated.
§ 33 Transitional and implementing provisions
The new accident prevention regulation "Principles of Prevention" DGUV Regulation 1 comes into force on August 1, 2014.
Source: www.bghw.de and Federal Ministry of Justice and Consumer Protection
The new accident prevention regulation "Principles of Prevention" DGUV Regulation 1 comes into force on August 1, 2014.
Source: www.bghw.de and Federal Ministry of Justice and Consumer Protection