Authority for Justice and Consumer Protection

Apply for permission to work with biological agents

Prerequisites

Documents required

• Transfer of tasks according to Section 13 (2) of the Occupational Safety and Health Act (ArbSchG)
• Approval under genetic engineering law (copy of the approval notice)
• Copy of the written order of the competent person
• Proof of the professional qualification of the qualified person
• Proof of professional experience of the qualified person
• Proof of the occupational safety competences of the qualified person
• Copy of the permit according to Section 44 of the Infection Protection Act (InfSchG)
• List of biological agents according to Section 7 (2) of the Biological Agents Ordinance (BioStoffV)
• Job description
• Documentation of protective measures
• Maintenance concept
• Internal hazard prevention plan
• Information on waste and wastewater disposal

Please note

This regulation of the BioStoffV represents a preventive ban subject to a permit. This takes into account the risk potential of the corresponding activities and enables the necessary state control. The permit covers the structural, technical and organizational requirements according to the BioStoffV and thus all operational requirements.

The authority will grant permission if all requirements of the Biological Agents Ordinance to protect employees and other persons from the hazards posed by biological agents are met.

The competent authority can determine the scope of the permit through ancillary provisions such as conditions and requirements (formative administrative act).

If you start such an activity without permission, you are committing an administrative offence. If it is an intentional act that endangers the life or health of your employees, you are committing a criminal offence.

Deadlines

Apply for permission in good time before you plan to start your activities. You need permission before you start your activities (permission subject to a ban on activities).

Procedure

• Submit the application form in writing or electronically with the required documents to the responsible authority.
• The responsible authority will examine your application and documents. If necessary, it will request further documents from you.
• The responsible authority will check the requirements and decide on your application.
• You will receive the notification.
• You will usually receive the fee notice separately.
• You pay the fees.

Processing time

Processing takes approximately 4 weeks.

Fees

Fees apply. The amount of the fee is determined according to the fee schedule for the areas of occupational health and safety as well as plant and product safety (ArbSchGebO HA).

Legal remedies

Contradiction

Legal basis

Section 15 Biological Substances Ordinance (BioStoffV)