Authority for Justice and Consumer Protection

Notification of company-related activities with asbestos

Prerequisites

They employ experts according to TRGS 519 (number 5 TRGS 519).
When working with weakly bound asbestos, you also need to be licensed as a specialist company.

Documents required

The notification must be made by the employer no later than seven days before the start of the activities and contain at least the following information:

• Location of the workplace
• Types and quantities of asbestos used or handled
• Activities carried out and procedures used
• Number of employees involved
• Start and duration of activities
• Measures to limit the release of asbestos and to limit the exposure of employees to asbestos

Please note

The production, use and processing of hazardous substances containing asbestos is generally prohibited for both companies and private individuals. Exceptions apply to demolition, renovation and maintenance work. If work involves materials containing asbestos, you as a business person must report this to the Occupational Safety and Health Office before work begins.
This ad can be company or property related. There is only an obligation to report for companies.
Company-related advertisements can be placed for stationary (e.g. company location) or changing (e.g. construction site) workplaces. For changing workplaces, a company-related notification is only possible in the following cases:

• Activities with low exposure (No. 2.8 TRGS 519)
• Small-scale work (No. 2.10 Para. 3 TRGS 519), i.e. asbestos cement panels in outdoor areas with less than 100 m2. (Before work begins, a supplementary notice of place and time must also be provided).
• Maintenance measures (No. 17 TRGS 519)

Processes that lead to the removal of asbestos-containing surfaces, such as sanding, pressure cleaning, brushing and drilling, are prohibited, unless these are so-called low-emission processes.

Also prohibited are:

• Covering, superstructure and elevation work on asbestos cement roofs and wall cladding
• Cleaning and coating work on uncoated asbestos cement roofs and wall cladding

Asbestos-containing materials resulting from demolition, renovation and maintenance work must be disposed of for waste disposal.

Deadlines

Report activities involving asbestos-containing materials to the responsible authority at least 7 days before work begins. In exceptional cases you can request that the deadline be shortened. The authority will decide on the exception request to shorten the deadline within 2 working days.




In addition, you can display the location and time of activities at short notice without having to meet a deadline.

Procedure

• You can view the intended activities with materials containing asbestos via the online service.
• So that you can determine which personnel and safety equipment is required for your order, you must first determine, as part of your risk assessment, whether asbestos is present in a firmly or weakly bound form. You can obtain information from the building owner or client as to whether asbestos is present or expected based on the property's usage or construction history.
• Based on the results of your preliminary investigation, you determine the required occupational safety measures and the work procedure to be applied.
• You then draw up a work plan. In this document you explain which work methods and work equipment are used to remove and dispose of asbestos and materials containing asbestos.
• Based on the risk assessment and the work plan, you instruct your employees on the work to be carried out.
• If the above requirements are met, report the work to the responsible authority.
• The advertisements can be company- or property-related. You should send company-related advertisements to the authority responsible for the company headquarters.
• Please carry a copy of the company-related advertisement with you at the site of use for inspection.
• In addition to the report, you must also submit the risk assessment you prepared with the work plan.
• With the notification, you must provide proof that your company's personnel and safety equipment is suitable for the work reported.
• If the ad is complete and plausible, you will not receive any feedback. After 7 days you can start with the work shown.
• Send a copy of the notification to the responsible accident insurance provider (for example the professional association for construction (BG Bau).

Processing time

Not specified

Fees

No

Legal remedies

Administrative lawsuit

Legal basis

• Ordinance on Protection against Hazardous Substances*) (Ordinance on Hazardous Substances - GefStoffV) Annex II (to Section 16 Paragraph 2) Special restrictions on the manufacture and use of certain substances, mixtures and products