Compliance with the Operational Safety Ordinance BetrSichV 2021
2021-10-15 The Betriebssicherheitsverordnung BetrSichV 2021 is an adapted version of the Betriebssicherheitsverordnung of February 3, 2015 (BGBl. I p. 49). It has been in force since 2021-07-16.
Our Occupational Safety team supports you in all requirements of the new Industrial Safety Ordinance.
This is what the new BetrSichV 2021 says
The essential requirements of the BetrSichV are unchanged. The new version has been adapted to the new Product Safety Act ProdSG 2021, the Market Surveillance Act (MÜG) and the Safety of Installations in Operation Act (ÜAnlG), see below Legal basis.
Examples of changes in the BetrSichV 2021
Some examples of passages that have been changed – compared to the version valid until before 2021-07-16:
2 Definitions
Paragraph (13) Installations requiring monitoring are those installations that are listed in Annex 2 or require a permit in accordance with Section 18(1). Installations subject to monitoring also include measuring, control and regulating equipment that serves the safe operation of these installations subject to monitoring.
§ 18 Permit requirement for installations in accordance with paragraph (1)
Paragraph (6) The permit shall expire if.
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- the holder has not commenced construction of the plant within two years of its issue,
- the construction of the installation has been interrupted for two years or more, or
- the installation has not been operated for a period of three years.
The permitting authority may extend the deadlines for good cause upon application.
§ 20 Special provisions for federal installations requiring supervision
Paragraph (1) The supervisory authority for the installations requiring inspection of the Federal Waterways and Shipping Administration, the Federal Armed Forces and the Federal Police listed in Annex 2 Sections 2 to 4 is the competent Federal Ministry or the authority designated by it. This shall also apply to all installations requiring supervision listed in Annex 2, Sections 2 to 4, on official properties used by the Federal Waterways and Shipping Administration, the Federal Armed Forces and the Federal Police. For other installations subject to supervision by the Federal Administration pursuant to Annex 2 Sections 2 to 4, the competent supervisory authority shall be determined in accordance with Section 26 (1) of the Act on Installations Subject to Supervision.
Appendix 2 (to Sections 15 and 16) Inspection Requirements for Installations Requiring Surveillance
Section 1 Approved monitoring bodies
Item 1 Approval of monitoring bodies
Approved monitoring bodies for the tests required or ordered under this Annex are bodies pursuant to § 2 number 4 of the Act on Installations Requiring Monitoring. As a prerequisite for approval as an approved inspection body, an inspection body must meet the following requirements for approval in addition to the requirements of §§ 15 to 17 and § 20 of the Act on Installations Requiring Inspection: (…)
Item 2 Approval of inspection bodies of companies and groups of companies
Inspection bodies of companies or groups of companies in accordance with Section 20 (1) of the Act on Installations Requiring Inspection may only be approved for inspections of installations requiring inspection as defined in Sections 3 and 4.
The BetrSichV 2021 requires
Furthermore, the BetrSichV requires, for example:
- All work equipment must meet the requirements for safety and health protection according to the state of the art in accordance with EU law.
- The risk assessment plays a decisive role in the BetrSichV in order to take protective measures and achieve protection goals.
- According to BetrSichV, the risk assessment may only be carried out by experts.
- The Ordinance on Industrial Safety and Health requires the regular review of the risk assessment, taking into account the current state of the art – with the aim of the safe use of work equipment.
- Adaptation to the state of the art can be achieved by technical or supplementary organizational protective measures.
- In different circumstances, the risk assessment must be adapted immediately.
Current version of the BetrSichV
Currently, the BetrSichV has not yet been finalized in terms of documentation. The current version of the Betriebssicherheitsverordnung can be found here.
Legal basis for the BetrSichV 2021
The adjustment of the BetrSichV is made by Article 7 of the law of July 27, 2021 (BGBl. I p. 3146).
The new version is therefore necessary: the ProdSG was amended because regulations in Regulation (EU) 2019/1020 on market surveillance and the conformity of products, valid from July 16, 2021, compete with the ProdSG in force until then. The implementation of Regulation (EU) 2019/1020 is carried out by the Market Surveillance Act (MÜG). For this purpose, transfers were made from the previous ProdSG to an independent law for safety of installations in operation (ÜAnlG). > learn more about ProdSG 2021 – new product safety law.
Overview of the contents of the Industrial Safety Ordinance BetrSichV 2021
Section 1
Scope of application and definitions
- 1 Scope and objectives
- 2 Definitions
Section 2
Risk assessment and protective measures
- 3 Risk assessment
- 4 Basic obligations of the employer
- 5 Requirements for the work equipment provided
- 6 Basic protective measures to be taken when using work equipment
- 7 Simplified procedure for the use of work equipment
- 8 Protective measures in the event of hazards due to energies, starting and stopping.
- 9 Further protective measures when using work equipment
- 10 Maintenance and modification of work equipment
- 11 Special operating conditions, malfunctions and accidents
- 12 Instruction and special assignment of employees
- 13 Cooperation between different employers
- 14 Inspection of work equipment
Section 3
Additional regulations for systems requiring inspection
- 15 Inspection before commissioning and before recommissioning after modifications requiring inspection
- 16 Periodic inspection
- 17 Inspection records and certificates
- 18 Permit obligation
Section 4
Enforcement Regulations and Operational Safety Committee
- 19 Notification obligations, official exemptions
- 20 Special Provisions for Federal Installations Requiring Surveillance
- 21 Committee for Operational Safety
Section 5
Administrative offenses and criminal offenses, final provisions.
- 22 Misdemeanors
- 23 Offenses
- 24 Transitional provisions
Appendix
Annex 1 (to § 6(1), second sentence) Special provisions for certain work equipment.
Appendix 2 (to §§ 15 and 16) Test regulations for systems requiring monitoring.
Appendix 3 (to § 14 paragraph 4) Test regulations for certain work equipment.
Do you have questions about necessary measures in your company? Call us, our specialists will be happy to advise you on how to comply with legal requirements. Phone +49 40 5238871-0. Or send us a message.
