New focus on carcinogenic hazardous substances and other changes - this is what the update of the Hazardous Substances Ordinance 2024 will bring

The regulation on the protection against hazardous substances comprehensively governs the protective measures for employees working with hazardous substances, meaning substances and mixtures that, for example, are flammable, acutely toxic, corrosive, or carcinogenic. This regulation is continuously adapted to the current situation in workplaces.

On November 13, 2024, the Federal Cabinet adopted a further series of updates to the Hazardous Substances Ordinance, which you can read about in detail under Ordinance amending the Hazardous Substances Ordinance. and other occupational health and safety regulations - BMAS.

We summarize the most important points for you

Activities with CMR substances

The majority of the changes relate to activities involving so-called CMR substances. These are carcinogenic, germ cell mutagenic and toxic to reproduction and are divided into different categories depending on their hazardousness.

A list of substances classified as carcinogenic (K), germ cell mutagenic (M) and/or reprotoxic (R) can be downloaded from the Institute for Occupational Safety and Health of the German Social Accident Insurance.

• The risk concept for activities involving carcinogenic hazardous substances will in future form an integral part of the Hazardous Substances Ordinance.
• Instead of speaking of “acceptance concentration”, the term “target concentration” will be used in future. This is to be subject to a continuous improvement process.
• Under certain circumstances, companies must submit an action plan in accordance with Section 10 (5). This applies, for example, if workplace limit values for carcinogenic or germ cell mutagenic substances are not complied with or the activities are in the medium risk range because the acceptance concentration has been exceeded. The action plan must contain information on the intended reduction in exposure and the timeframe for implementation.
• An official notification obligation exists for carcinogenic and germ cell mutagenic substances of categories 1A and 1B if workplace limit values or tolerance limits are exceeded. It is then necessary to submit the measured exposures and an action plan for eliminating the limit value violations to the authorities within 2 months.
• In future, reprotoxic substances (R) of categories 1A and 1B must also be included in the exposure register. In contrast to CM substances, however, the register does not have to be kept for 40 years after the last entry, but only for 5 years.

Relaxation in the storage of toxic substances

Only acutely toxic substances and mixtures of categories 1, 2 and 3 must be stored under lock and key. This no longer applies to CMR substances of categories 1A and 1B as long as only authorized persons have access to them.

Stricter rules for asbestos

Particularly when renovating or refurbishing old buildings, exposure to asbestos is a recurring problem for occupational health and safety. For this reason, the Hazardous Substances Ordinance no longer distinguishes between “weak” and “firmly bound” asbestos.

Anyone who initiates work on buildings or technical systems contaminated with asbestos must inform the contractor of the start and year of construction of the property as part of the duty to cooperate and provide information in accordance with Section 5a.

The new version of the Hazardous Substances Ordinance also contains a new description of the qualifications required for activities involving asbestos.

Tightening of the levy regulation for biocides

According to the Biocide Law Implementation Ordinance (ChemBiozidDV) published on August 25, 2021, certain biocides such as rodenticides, insecticides and antifouling agents may only be supplied to end customers by persons with the appropriate expertise.

Where is there a need for action in your company?

• Check where in your company employees are exposed to CMR substances.
• Create or update an exposure register, which is mandatory according to the Hazardous Substances Ordinance § 14 (3).
• Hand over the exposure register to departing employees together with their other personal documents.
• Check workplace exposure limits in accordance with the Technical Rules for Hazardous Substances (TRGS 900).
• Apply amended regulations for activities involving asbestos.
• Check whether expert knowledge is required and available when placing chemicals on the market.

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