Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Safety and Health in Construction Convention, 1988 (No. 167) - Germany (Ratification: 1993)

Further to its observation, the Committee draws the Government’s attention to the following points:

2. Article 2(h) of the Convention. Definition of lifting appliances. The Committee notes that the term “lifting appliance” provided for in Chapter 2.8 of Trade Associations Rules (BGR 500) encompasses all work equipment, devices and auxiliary means used for lifting loads. Referring to the definition of “lifting appliance” set out in the Ninth Ordinance to the Equipment and Product Safety Act (9 GPSGV) (section 1(5)(14) and BGR 500 (Chapter 2.8)), the Committee notes that 9GSGV excludes permanent lifts (elevators) and BGR excludes lifting appliances which transport persons. Furthermore, the Committee notes that BGR 159 (consolidation 2004), not cited by the Government, appears to cover lifting appliances. The Committee requests the Government to clarify whether and to what extent national legislation, including the cited texts, give effect to this provision of the Convention.

3. Article 12, paragraph 1. Right to removal. The Committee notes that section 9(3) of the Occupational Health Act (ArbSchG) provides that workers can remove themselves in the face of imminent danger. However, exceptions are allowed under the legal obligations of employees for the prevention of dangers, and sections 7 and 11 of the Military Law. The Committee would be grateful if the Government would clarify how compliance with the Convention is ensured in this respect.

4. Article 14, paragraph 1. Safe use of scaffolds. The Committee notes the Government’s reference to sections 5.1.2 and 5.2, Appendix 2, of the Industrial Safety and Health Ordinance dated 27 September 2002 (as amended until 23 December 2004), which state that in elevated working places for temporary jobs that cannot be carried out safely and in appropriate ergonomic conditions from the suitable surface, work equipment shall be selected that is suitable to ensure safe working conditions permanently during its use. In order to dispel any ambiguity, the Committee would be grateful if the Government would indicate the specific provisions which guarantee the maintenance of safe and suitable scaffolds.

5. Article 15, paragraph 1(e). The Committee notes that the employer is, in principle, responsible for the training of workers. It also notes that the said employer is supported in this regard by the professional associations in their capacity as supporters of legal accident insurance within the context of their prevention duties in accordance with section 14 of the seventh volume of the German Social Welfare Code (SGB VII). However, the Committee notes that section 14 of the SGB VII contains no reference to training. Therefore, it appears to be no legal requirement to ensure that appliance operators are properly trained. The Committee would be grateful if the Government would clarify how legal effect is given to this provision of the Convention.

6. Article 17, paragraph 3. Pressure plants and equipment. The Committee refers to its previous comments in which it asked the Government to indicate the requirements to ensure that plants are examined and tested by competent persons. It notes that pressure plants and equipment are facilities requiring particular supervision in accordance with section 3 of the Industrial Safety and Health Ordinance “Special regulations for facilities requiring supervision” which have to be examined by a competent person or licence authorities. It also notes that, exceptionally, regulations on the examination of plants for work in compressed air are included in the Compressed Air Ordinance. The Committee notices that neither text cited by the Government appears to mention the competence required of the persons carrying out the examinations. The Committee would be grateful if the Government would take measures to ensure that the persons carrying out supervisions have the competence required for that task.

7. Article 30, paragraph 1. Provision of personal protective equipment. The Committee notes the Occupational Health and Safety Act (AsiG), in particular its section 3 according to which the employer shall take appropriate measures for the protection of the workers. The Committee notes that use of protective equipment is governed by the Use of Personal Protective Equipment Ordinance (PSA-Benutzungsverordnung), but that this text does not mention in what situations such gear must be provided for workers. The Committee requests the Government to provide more specific information on existing rules concerning the provision of suitable personal protective equipment and protective clothing, having regard to the type of work and risk.

8. Part VI of the report form. Application in practice. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied in the country and to attach extracts from the reports of the inspection services, information on the number of workers covered by the legislation, disaggregated by gender, if possible, the number and nature of the contraventions reported and the resulting action taken, and the number of occupational accidents and diseases reported.