The amendment of the Hazardous Substances Ordinance

An amendment to the Hazardous Substances Ordinance (GefStoffV) [1] is due before the end of the year. The Hazardous Substances Ordinance itself has already been amended more frequently, for example in 2010 by adapting it to the REACH and CLP Regulations. There have also been various amendments since 2010, the last one in July 2021. A more far-reaching adaptation of the GefStoffV has been discussed for some time, and now a document is available in the form of the draft bill [2], in which it is possible to see which amendments are to be made. Entry into force is planned for November 2022.

CMR substances

CMR substances, i.e. those hazardous substances that are carcinogenic, germ cell mutagenic or toxic to reproduction, already have a special status in the Hazardous Substances Ordinance, as these hazardous substances pose a high risk to workers. For activities involving carcinogenic substances of categories 1A and 1B, the risk-related measures concept is now to be fully introduced with the amendment of the Hazardous Substances Ordinance. This is accompanied by the preparation of a plan of measures and also the obligation to notify the authorities.

Acceptance and tolerance concentrations

With the amendment of the Hazardous Substances Ordinance, acceptance and tolerance concentrations are also gaining in importance. These two values are used to assess the risk of contracting cancer from exposure on a daily basis. If the acceptance concentration is observed, the risk is low and thus acceptable. If the acceptance concentration is exceeded, a medium risk is assumed until the tolerance concentration is reached. Exceeding the tolerance concentration leads to a high risk of cancer and is therefore not tolerable. In the GefStoff-Profi of our GeSi³ software, these values can already be found. This enables you as a user to understand for which hazardous substances you have to pay attention to acceptance or tolerance concentrations.

Asbestos

Another main topic of the new Hazardous Substances Ordinance will be asbestos. Asbestos can be found in many buildings that are now so old that they are being renovated or demolished. Asbestos can be released during construction work. So measures are needed to protect workers. The GefStoffV therefore now also includes new information obligations for building owners, both commercial and private.

Further changes

When an ordinance is amended, this is usually taken as an opportunity to adapt “minor details”. For example, the amendment of the Ordinance on Hazardous Substances included linguistic changes, solving legal and enforcement problems or structural changes. In addition to amendments to the Ordinance on Hazardous Substances, the draft bill also provides for adjustments to the German PSA-Benutzungsverordnung and the Biostoffverordnung.

[1]         Ordinance on Protection against Hazardous Substances (GefStoffV), as of 07/2021

[2]        Internet presence of the BMAS, amendment of the Ordinance on Hazardous Substances (currently only available in German)