Use of work equipment - Granting of exemptions from the Industrial Safety Ordinance

Prerequisites

An exception can be granted

• if the application of the regulations would lead to disproportionate hardship for you as an employer in individual cases,
• the exception is justifiable from a safety point of view
• and is compatible with the protection of employees and, insofar as systems requiring monitoring are concerned, also with the protection of other people.

A written application is required. In this application you must demonstrate the following:

• the reason for requesting the exception,
• the activities and processes involved,
• the number of employees likely to be affected,
• the technical and organizational measures to be taken to ensure safety and avoid hazards.

You may also be asked to submit an expert report, the costs of which you must bear yourself.

Documents required

A written application is required. In this application you must demonstrate the following:

• the reason for requesting the exception,
• the activities and processes involved,
• the number of employees likely to be affected,
• the technical and organizational measures to be taken to ensure safety and avoid hazards.

You may also be asked to submit an expert report, the costs of which you must bear yourself.

Please note

There are no hints or special features.

Deadlines

no

Procedure

• You submit the written application with the reasons.
• The application will be checked.
• If necessary, an expert report will be requested.
• This is followed by the final examination of the application.
• The decision follows, approving or rejecting.

Processing time

The processing time is 4 weeks after receipt of the complete application documents.

Fees

Fees and expenses are incurred at cost.

Legal remedies

Appeal will be announced in the decision.

Legal basis

§ 8 Operational Safety Ordinance (BetrSichV)

§ 9 Operational Safety Ordinance (BetrSichV)

§ 10 Operational Safety Ordinance (BetrSichV)

§ 11 Operational Safety Ordinance (BetrSichV)

Appendix 1 (to Section 6 Paragraph 1 Sentence 2) Ordinance on Industrial Safety and Health (BetrSichV)

§ 19 paragraph 4 (Industrial Safety Ordinance (BetrSichV)

You need an exemption from §§ 8, 9, 10, 11 or the regulations of Appendix 1 of the Ordinance on Industrial Safety and Health (BetrSichV).

The exception can be granted

• if the application of the regulations would lead to disproportionate hardship for you as an employer in individual cases,
• the exception is justifiable from a safety point of view
• and is compatible with the protection of employees and, insofar as systems requiring monitoring are concerned, also with the protection of other people.