Industrial safety regulations versus grandfathering

Amendments in Germany’s new Industrial Safety Regulations (BetrSichV) and Hazardous Substances Ordinance (GefStoffV) came into effect as of 1 June 2016. At the core of the new BetrSichV regulations is the safe use of working equipment. In this context, working equipment refers to tools, equipment, machines or installations (e.g. thermal processing installations) used for work as well as installations requiring monitoring. The use of working equipment comprises any work with these (assembly and installation, operation, start-up and shutdown or adjustment, usage, operation, maintenance, cleaning, checking, conversion, testing, dismantling, transportation and monitoring). Only work equipment may be made available that meets those statutory regulations on safety and health protection applicable to it. The health and safety of employees must be guaranteed when they use the work equipment over the entire time they use it. The employer must take the necessary measures to ensure that the work equipment can be used safely during the entire time it is used.

Dr.-Ing. Albert Seemann, BG ETEM, Cologne

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