(1) This Ordinance serves to significantly improve the safety and health protection of employees on construction sites.

(2) The Ordinance shall not apply to activities and facilities within the meaning of Section 2 of the Federal Mining Act.

(3) A construction site within the meaning of this Ordinance is the place where a construction project is carried out. A construction project is a project to erect, modify or demolish one or more structures.

(1) When planning the execution of a construction project, in particular when classifying the work that is to be carried out simultaneously or one after the other and when calculating the execution times for this work, the general principles in accordance with Section 4 of the Occupational Safety and Health Act must be taken into account.

(2) For every construction site where:

2.1. the expected duration of the work is more than 30 working days and in which more than 20 employees will be working at the same time, or

2.2. If the scope of the work is expected to exceed 500 man-days, an advance notice containing at least the information set out in Annex I must be sent to the competent authority no later than two weeks before the construction site is set up. The advance notice must be displayed visibly on the construction site and adjusted in the event of significant changes.

(3) If advance notice is to be sent for a construction site where employees of several employers are working, or if particularly dangerous work in accordance with Annex II is carried out on a construction site where employees of several employers are working, it must be ensured that A safety and health protection plan is drawn up before the construction site is set up.

The plan must identify the occupational health and safety regulations applicable to the construction site in question and contain specific measures for the particularly dangerous work listed in Annex II. If necessary, operational activities on the site must be taken into account when drawing up the plan.

order. The building owner or the third party commissioned by him in accordance with Section 4 can carry out the tasks of the coordinator themselves.

(1a) The client or the third party commissioned by him is not released from his responsibility by commissioning suitable coordinators.

(2) During the planning of the execution of the construction project, the coordinator

1. to coordinate the measures provided for in Section 2 Paragraph 1,

2. to draw up or have drawn up the safety and health protection plan and

3. Compile a document with the necessary information on safety and health protection that must be taken into account for possible future work on the structure.

(3) During the execution of the construction project, the coordinator

1. to coordinate the application of the general principles in accordance with Section 4 of the Occupational Safety and Health Act,

2. to ensure that employers and entrepreneurs without employees fulfill their obligations under this regulation,

3. to adapt or have adapted the safety and health protection plan in the event of significant changes in the execution of the construction project,

4. to organize cooperation between employers and

The building owner must take the measures in accordance with Section 2 and Section 3 Paragraph 1 Sentence 1 unless he commissions a third party to take these measures on his own responsibility.

1) When carrying out the work, employers must take the necessary occupational safety measures, particularly with regard to:

1. Maintenance of work equipment,

2. Precautions for the storage and disposal of working materials and waste, especially hazardous substances,

3. Adjustment of the execution times for the work taking into account the conditions on the construction site,

4. Cooperation between employers and entrepreneurs without employees,

5. to take into account interactions between the work on the construction site and other operational activities on the site on or near which the first-mentioned work is carried out and to take into account the instructions of the coordinator and the safety and health protection plan.

(2) Employers must inform employees in an understandable form and language about the protective measures that affect them.

(3) The responsibility of employers for fulfilling their occupational health and safety obligations is not affected by the measures in accordance with Sections 2 and 3.

To ensure the safety and health of employees, entrepreneurs working on a construction site without employees must also comply with the occupational health and safety regulations applicable to the work. You must take into account the coordinator's instructions and the health and safety plan. Sentences 1 and 2 also apply to employers who work on the construction site themselves.

(1) Anyone who acts intentionally or negligently acts in an administrative offense within the meaning of Section 25 Paragraph 1 No. 1 of the Occupational Safety and Health Act

1. contrary to Section 2 Paragraph 2 Sentence 1 in conjunction with Section 4, the competent authority does not provide advance notice, does not do so correctly, does not do so completely or does not do so in a timely manner,

or

2. contrary to Section 2 Paragraph 3 Sentence 1 in conjunction with Section 4, does not ensure that a safety and health protection plan is drawn up before the construction site is set up.

(2) Anyone who endangers the life or health of an employee through an intentional act referred to in paragraph 1 is punishable under Section 26 No. 2 of the Occupational Safety and Health Act.

(1) This regulation comes into force on the first day of the calendar month following its promulgation.

(2) For construction projects whose execution began before July 1, 1998, the previous regulations remain applicable.

Final formula: The Federal Council has approved.

(1) This regulation comes into force on the first day of the calendar month following its promulgation.

(2) For construction projects whose execution began before July 1, 1998, the previous regulations remain applicable.

Final formula: The Federal Council has approved.

Appendix II Source of the original text: Federal Law Gazette I 1998, 1285

Particularly dangerous work within the meaning of Section 2 Paragraph 3 is:

01. Work in which employees are exposed to the risk of sinking, being buried in construction pits or trenches with a depth of more than 5 m or falling from a height of more than 7 m,

02. Work in which employees are exposed to explosive, highly flammable, carcinogenic (category 1 or 2), mutagenic, reprotoxic or very toxic substances and preparations within the meaning of the Hazardous Substances Ordinance or biological agents in risk groups 3 and 4 within the meaning of Directive 90/679/EEC of the Council of November 26, 1990 on the protection of workers against the risks posed by biological agents at work (OJ EC No. L 374 p. 1),

03. Working with ionizing radiation that requires the definition of control or surveillance areas in accordance with the radiation protection and X-ray regulations,

4. Work at a distance of less than 5 m from high-voltage lines.

5. Work where there is an imminent risk of drowning.

6. Well construction, underground earthworks and tunnel construction.

7. Working with diving equipment.

8. Working in compressed air.

9. Work involving the use of explosives or detonating cords.

10. Assembly or dismantling of solid construction elements with an individual weight of more than 10 t.

Source: Federal Ministry of Justice and Consumer Protection