Occupational Cancer Convention, 1974 (No. 139) - Germany (Ratification: 1976)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the German Confederation of Trade Unions (DGB), received on 4 September 2015. The Committee requests the Government to provide its comments in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Part IV of the report form. Preventative measures in small and medium sized enterprises (SMEs). The Committee notes with interest the Government’s response in regards to the preventative measures in occupational safety and health introduced for enterprises with up to 50 employees, aimed especially at improving risk assessment in small and medium sized enterprises and the formulation of Technical Rules for Hazardous Substances (TRGS) to improve compliance with occupational safety and health provisions in small enterprises. The Committee also notes that the Government indicates that both the accident insurance and law enforcement bodies in the Länder use advisory activity in an attempt to achieve greater acceptance of OSH rules in small enterprises. The Committee requests the Government to provide further information on the practical application and impact of the preventative measures taken to improve the occupational safety and health conditions in SMEs, both nationally and at the Länder level.

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

1. The Committee notes the information contained in the Government’s report, including new or revised regulations up to TRGS 906 of July 2005, as well as the revised Hazardous Substances Ordinance of 23 December 2004. It further notes with interest the establishment of the Hazardous Substances Committee.

2. Part IV of the report form. Statistical information. The Committee notes the information provided concerning applicable legislation on the demolition, renovation and maintenance work on buildings containing asbestos. With reference to the statistical data provided in the inspection reports from 1999 indicating that a considerable number of contraventions were reported for small enterprises engaged in such reconstruction and demolition work, even though the overall number of infractions stated was decreasing, the Committee notes that the Government’s reply does not comment on the specific situation of small enterprises and the measures taken to address these concerns. The Committee requests the Government to provide information on measures taken or envisaged in order to address the situation and to ensure the application of relevant legislation in small enterprises.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the report of the Government. It draws the Government’s attention to the following point.

Part IV of the report form. The Committee notes the extracts of inspection reports carried out in the eastern federal States ("neue Bundesländer") by the industrial inspectorates responsible for occupational safety and health in 1999. The Committee notes that the supervision concerned mostly demolition and reconstruction work of buildings or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne. It further notes from the inspection reports that, although the overall number of infractions stated is decreasing, a considerable number of contraventions were reported for small enterprises. Moreover, it is feared that increasing competition among the enterprises carrying out such reconstruction and demolition work connected with the growing pressure to minimize costs as well as tight deadlines would lead to an unsatisfying application of protective regulations, in particular the rules set forth in the technical standard TRGS 519 providing for safety engineering equipment, information and training of workers concerned as well as the application of safety and health measures including the wearing of protective clothing. The Committee, taking due note of this information would request the Government to indicate the measures taken or contemplated to ensure that the legislation continues to be applied in future in spite of the increasing pressure of competition enterprises are facing, and to indicate the measures taken or envisaged to guarantee the application of the legislation as well in small enterprises.

Observation (CEACR) - adopted 1988, published 75th ILC session (1988)

Further to its previous direct requests, the Committee notes with satisfaction that under Sections 12 and 13 of the Accident Prevention Regulations on preventive occupational medicine (VB6 100) of October 1984, workers who have been exposed to carcinogenic substances are provided with such medical examinations and other tests as are necessary to supervise their health, following the period of employment involving such exposure, in accordance with Article 5 of the Convention.