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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

In order to provide a comprehensive view of the issues relating to the application of occupational safety and health (OSH) Conventions, the Committee considers it appropriate to examine Conventions Nos 115 (radiation protection), 161 (occupational health services), 162 (asbestos), 167 (OSH in construction), 170 (chemicals), 176 (safety and health in mines) and 187 (promotional framework for OSH) together.

General provisions

Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

Article 2(3) of the Convention. Measures that could be taken, in consultation with social partners, to ratify relevant OSH Conventions of the ILO. The Committee notes the Government’s indication in its report that it regularly assesses, with the involvement of the social partners, whether additional ILO conventions can be ratified. The Government indicates that the pre-ratification assessment process for the Safety and Health in Agriculture Convention, 2001 (No. 184) was concluded with a positive result, and the Convention was ratified in June 2024. The Government further indicates that the assessment process for the Occupational Safety and Health Convention, 1981 (No. 155) has not yet been concluded. The Committee requests the Government to continue to provide information on the periodic consideration of the measures that could be taken to ratify OSH Conventions, in consultation with the social partners.

Article 4(2)(d). Arrangements to promote, at the level of the undertaking, cooperation between management, workers and their representatives. In its previous comments, the Committee requested the Government to provide information on measures taken in practice in enterprises employing less than 20 workers to promote cooperation on OSH matters. In this respect, the Government indicates that the New Quality of Work Initiative assists micro and small enterprises in establishing a sustainable, human-focused corporate culture through offering practical knowledge, advice, self-assessments, networking opportunities and project support. The Committee requests the Government to indicate in particular the measures taken to promote cooperation between employers and workers on OSH matters in such enterprises, including in the context of the New Quality of Work Initiative.

Article 4(3)(h). Support mechanisms for progressive improvement of OSH conditions in micro-enterprises, small and medium-sized enterprises and the informal economy. In reply to Committee’s previous comments, the Government indicates that in order to enhance OSH support for micro and small enterprises, the Federal Ministry for Labour and Social Affairs launched an expert dialogue with accident insurance institutions, and, in this context, four collaborative events were held since 2022, that produced proposals for improved OSH support for micro and small enterprises. In this respect, the Government refers to an approach called “alternative support”, which will be implemented from autumn 2024, and which includes training business owners on their OSH responsibilities, enabling them to manage these independently or with professional advice. Furthermore, the Committee notes that the German Social Accident Insurance (DGUV) is working with various stakeholders to update the accident prevention regulations entitled “Occupational Physicians and OSH Professionals” (DGUV Regulation 2) to enhance OSH for both small and large businesses, with the new regulation expected to be in force by spring 2025. The Committee requests the Government to provide information on the progress made in the revision of the DGUV Regulation 2 and to provide a copy once it has been adopted. The Committee once again requests the Government to provide information on support mechanisms for the progressive improvement of OSH conditions in the informal economy, if any.

Article 5(1) and (2)(c) of the Convention. Continuous improvement of OSH. Formulation, implementation, monitoring, evaluation and periodical review of the national programme on OSH. Consultation with the most representative organizations of employers and workers. The Committee notes the information provided by the Government concerning the positive outcomes of the evaluation of the Joint German Occupational Safety and Health Strategy (GDA) for the period 2013–18, which demonstrated strengthened OSH compliance, particularly within small and medium-sized enterprises. The Government indicates that companies familiar with GDA guidelines were 11 per cent more likely to conduct risk assessments compared to those that were not, and further reports notable successes in specific GDA work programmes. In this respect, the Committee takes note of the new Joint German Occupational Safety and Health Strategy for the period 2021–25, that emphasises the strategic goal of making work safe and healthy through prevention with the help of risk assessment. It focuses on three core topics: musculoskeletal disorders, mental stress, and exposure to carcinogenic substances. The Government indicates that there are also work programmes that correspond to the three core topics, targeting a broad range of stakeholders, including employers, managers, workplace safety professionals, physicians, and workers’ representatives. In this respect, the Committee notes the Government’s indication that it aims to increase the number of workplaces implementing effective risk assessments and OSH structures through coordinated regulatory practices, focusing on supporting small and medium-sized enterprises, with plans for approximately 200,000 workplace inspections and system audits. The Committee requests the Government to provide information on the evaluation of the GDA for the period 2021–25, including the progress achieved as regards the three abovementioned core topics and the application of the related work programmes.

Occupational Health Services Convention, 1985 (No. 161)

Article 5 of the Convention. The functions of occupational health services. The Committee notes that the DGUV Regulation 2, which includes detailed provisions on the scope of the supervision by Occupational Physicians and OSH Professionals, is currently being revised, with the aim to create a future-orientated occupational medicine and safety technology structure, for both larger and smaller firms. The Committee requests the Government to continue to provide information regarding relevant developments.

Application in practice. With reference to its previous comments regarding the shortfall in occupational health physicians, the Government indicates that, the Committee on Occupational Medicine at the Federal Ministry of Labour and Social Affairs determined in 2022 that, contrary to the pessimistic predictions based on data prior to 2011, the situation regarding young professionals in occupational medicine has improved steadily over the past few years. The Government also indicates that, in 2021, a working group set up by the German Medical Association concluded that, at the end of 2019, approximately 9,100 doctors were available. Nevertheless, the Committee notes that the Government indicates that the lack of qualified personnel in the field of occupational medicine remains an issue, and, in this context, the Federal Ministry of Labour and Social Affairs supports the Occupational Medicine Action Alliance which aims to encourage young occupational physicians and to attract more medical practitioners to occupational medicine. The Committee requests the Government to continue to provide information on the measures taken or envisaged to strengthen the application in practice of the Convention, including through addressing the shortage in occupational health physicians. It requests the Government to continue to provide information on evaluations regarding the availability of occupational health services.

Protection against specific risks

Radiation Protection Convention, 1960 (No. 115)

Articles 1 and 3(1) of the Convention. Legislation giving effect to the Convention. All appropriate steps to ensure the effective protection of workers, in the light of available knowledge. The Government indicates that a comprehensive revision of the radiation protection legislation was carried out which aimed of transposing the European Council Directive 2013/59/EURATOM into national legislation. In this respect, the Committee notes the adoption of the new Radiation Protection Act and the new Radiation Protection Ordinance in 2017, which give effect to most of the provisions of the Convention. The Government indicates that the Act advanced the radiation protection requirements in accordance with European law and aligned them with current scientific and technological advances. In this respect, the Committee notes with interest that section 78(2) of the Act provides for dose limits for occupationally exposed persons per calendar year, which are consistent with the dose limits set out in the 2015 General Observation. The Committee takes note of this information which addresses its previous request.

Article 14. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted the Government’s indication that section 241(2) of the German Civil Code (a general provision referring to duties arising out of an obligation, including respect for rights and legal interests) may oblige an employer to propose alternative employment in the enterprise to an employee who, because of exposure to radiation, can no longer perform a particular type of duty. It also noted the Government’s indication that if a worker discontinues work because there is a risk due to radiation exposure, that by continuing their work they would suffer a radiation-induced disease, the worker may be entitled to transitional financial benefits from the statutory accident insurance fund. In this respect the Government indicates that, under certain conditions, according to section 3 of the Occupational Diseases Ordinance, insured persons who refrain from performing hazardous activities because the hazard persists can claim transitional benefits from the accident insurance institutions to compensate for any reduction in earnings or other economic disadvantages incurred as a result. The Committee further notes that neither the Radiation Protection Act nor the Radiation Protection Ordinance include specific provisions that require employers to offer alternative roles or maintain income levels in the event that a worker must cease radiation-related duties due to health concerns after medical advice. Recalling that the Committee indicated in paragraph 40 of its general observation of 2015 on the Convention that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances for which it has been determined that the workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure, it requests the Government to provide information on any measures taken or envisaged in this regard. The Committee requests the Government to provide information on the application in practice of section 241(2) of the Civil Code and section 3 of the Occupational Diseases Ordinance to workers for whom it is medically inadvisable to continue work involving occupational exposure to ionizing radiations, including the circumstances under which these provisions apply and the conditions that must be met for such workers to receive compensation.

Asbestos Convention, 1986 (No. 162)

Application of the Convention in practice. The Committee takes note of the detailed statistics provided by the Government on the number and type of occupational diseases registered as being caused by asbestos and the number of workers in Germany exposed to asbestos in 2022, as well as the measures taken to reduce these numbers. In this respect, it notes that as of 31 December 2022, a total of 710,924 persons were registered as being currently or previously exposed to asbestos, 679,594 had job-related exposure to dust containing asbestos and 333 persons were registered for post-exposure examinations and 225,232 persons for further preventive health screenings. The Committee notes that, in 2022, from the 2,164 deaths of insured persons as a result of an occupational disease, 1,350 (62.4 per cent) were due to exposure to dust containing asbestos. The Government indicates that it is continuing the consistent implementation of the European Directive 2009/148/EC on the protection of workers from the risks related to exposure to asbestos at work and is currently in the process of amending the Hazardous Substances Ordinance. Noting that asbestos remains a leading cause of occupational disease-related deaths in Germany, the Committee requests the Government to continue to provide information on the application of the Convention in practice including on the number and nature of occupational diseases reported as being caused by asbestos and the number of workers being exposed to asbestos. The Committee requests the Government to provide information on the progress made in the revision of the Ordinance on Hazardous Substances and to provide a copy once it has been adopted.

Chemicals Convention, 1990 (No. 170)

Article 12(d) of the Convention. Keeping of records of monitoring of the working environment and of exposure. With reference to its previous request concerning the time period for which records of the exposure of workers must be kept, the Committee notes that according to section 14(3) points 3, 4, 6 and 7 of the Hazardous Substances Ordinance, employers are required to ensure that the records of the monitoring of the working environment and of the exposure of workers who carry out activities that involve hazardous substances are kept for a period of 40 years and are accessible to the workers and their representatives. The Committee takes note of this information which addresses its previous request.

Protection in specific branches of activity

Safety and Health in Construction Convention, 1988 (No. 167)

Articles 3, 4 and 13 of the Convention. Consultation of the most representative organizations of employers and workers. Adoption of laws or regulations on the basis of a risk assessment. Measures to ensure that all workplaces are safe and without risk of injury to safety and health. The Committee notes the Government’s indication that seven national OSH committees, established under the OSH Act and its Ordinances, advise the Federal Ministry of Labour and Social Affairs on issues related to OSH and contribute to the development of regulations that help implement national OSH laws. The Committee notes that these committees include representatives from national authorities, statutory health insurance institutions, the scientific community, trade unions, and employers’ associations. Taking due note of the information provided by the Government, the Committee requests the Government to provide further information on the consultations held regarding occupational safety and health in the construction sector, including within the national OSH Committees.

Article 35(b). Provision of appropriate labour inspection services. The Committee notes the Government’s indication that section 21 of the OSH Act was amended in 2021 to ensure that, in selecting companies to be inspected, the inspecting authorities must take into account the nature and extent of the potential occupational hazards. According to the Government, workplaces in the construction sector are to be monitored accordingly. The Committee requests the Government to provide information on how section 21(1) of the OSH Act is applied in practice, in order to ensure the appropriate inspection of workplaces in the construction industry, and particularly small enterprises. It requests the Government to provide information on the number of labour inspections conducted in the construction sector.

Safety and Health in Mines Convention, 1995 (No. 176)

Articles 5 and 16 of the Convention. Statistics on occupational accidents and diseases and compliance with OSH legislation in mining. The Committee takes notes of the statistical information provided in the labour inspection reports for 2020, 2021 and 2022 regarding the number of occupational accidents and diseases in the mining sector, disaggregated by sex. Regarding the accidents, the Committee notes that although the fatality rate remains low (3 fatalities occurred in 2022), the number of accidents increased from 1,438 in 2020 to 1,507 in 2022. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including the number and nature of occupational accidents and diseases recorded in the mining sector and to indicate the reasons for the increase in occupational accidents from 2020 to 2022.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the joint observations made by the International Organisation of Employers (IOE) and the Confederation of German Employers’ Associations (BDA), received on 30 August 2013; the joint observations of the IOE and the BDA, supporting the joint observations of the German Construction Federation (ZDB) and the Federation of the German Construction Industry (HDB), received on 31 August 2015; and the joint observations made by the German Confederation of Trade Unions (DGB) and the Union of Construction, Agriculture and Environment Works (IG BAU), received on 4 September 2015. It also notes the Government’s reply to the joint observations made in 2012 by the DGB and the IG BAU.

Article 3 of the Convention. Consultation of the most representative organizations of employers and workers. Article 4. Adoption of laws or regulations on the basis of a risk assessment. Article 13. Measures to ensure that all workplaces are safe and without risk of injury to safety and health. The Committee notes that in their joint observations, the DGB and the IG BAU reiterate their concerns raised previously, namely that construction workers tend to take early retirement, that the proportion of older workers to the total workforce in many building trades is still significantly lower than the average for all occupations, and that many workers claim limited incapacity benefits because their health no longer enables them to meet the requirements of their job. The DGB and the IG BAU also reiterate that there is substantial room for improvement in the regulatory sphere, including limiting the maximum permissible weight for all construction materials supplied in sacks to 25 kilograms, imposing stricter limits on the emission of soot and particles from construction machines, and imposing more significant consequences upon enterprises for breaches of occupational safety and health (OSH) requirements. For their part, the IOE and the BDA maintain that the average age of retirement has continuously increased since 2008. The IOE, the BDA, the ZDB and the HDB indicate that the existing legal framework provides a comprehensive set of rules and that further laws and regulations are not necessary. They consider that the joint efforts of the IG BAU and the Occupational Insurance Association of the Building Sector (BG BAU) have led to a considerable reduction of workers’ exposure to soot and particle emissions and that the replacement of machinery, in accordance with European emission standards, will lead to further reductions in such emissions. The Committee notes the Government’s indication that claims for invalidity pensions prior to the statutory age of retirement are primarily the result of the effects of work on health, but can also be attributed to the lack of available jobs, and that it is supporting pilot projects and sectoral activities to increase the number of workers who reach the statutory retirement age. The Government adds that regulations are closely linked to European Union law and are constantly developed. In this regard, it states that the Ordinance on Health and Safety Requirements for the Manual Handling of Loads at Work does not specify a maximum permissible weight for loads, as various parameters have to be taken into account, while European Union directives and current research make it difficult for countries to establish their own national values for limits on soot and particle emissions. The Committee encourages the Government to pursue consultations with the social partners on measures to give effect to the Convention, in accordance with Article 3.

Article 30(1). Provision of personal protective equipment. With reference to its previous comments, the Committee notes the Government’s indication that personal protective equipment (PPE) is inferior to technical and organizational measures as a means of prevention. It indicates that in Europe, PPE is governed by Directives 89/686/EEC and 89/656/EEC. The restricted scope for additional PPE requirements at the national level has prompted those involved in prevention to provide a range of advisory services concerning PPE in enterprises and as part of construction site inspections. A large number of information and training sessions have been held in recent years and information materials, examinations and certifications have been developed. The Committee takes note of this information.

Article 35(b). Provision of appropriate labour inspection services. The Committee previously noted the indication of the DGB and the IG BAU that the number of labour inspectors was insufficient and that there was a widespread failure in the enforcement of OSH standards. They emphasized that an important feature of the construction industry is the large number of small enterprises which are rarely inspected. The Committee notes that in their latest observations, they reiterate their concerns. In this respect, the Government indicates that the implementation of OSH measures is complex and is not related only to the number of labour inspectors. Significant factors include the level of education and training of workers, union density in enterprises and construction sites and the use of the available remedies. The number of OSH inspectors is higher than one inspector per 10,000 workers. In addition to the number of inspectors in the labour inspectorate, the number of inspectors working for statutory accident insurance providers has to be taken into account The Committee requests the Government to provide further information on the measures taken or envisaged to ensure the appropriate inspection of workplaces in the construction industry, and particularly small enterprises.

Application in practice. The Committee notes that, according to the DGB and the IG BAU, accident rates in the construction sector remain higher than average. It also notes that the IOE and the BDA state that employers have made considerable efforts to train and qualify their workers with regard to safety at work and that these efforts have been reflected in the continuous decrease in the number of occupational accidents. The Government indicates that the number of fatal accidents in the construction industry in the country is below the European average and that the accident rate in general has been declining since 2005. In this regard, the Committee notes the detailed statistical information provided by the Government according to which the number of occupational accidents subject to mandatory reporting decreased from 116,689 in 2011 to 105,248 in 2013. It also notes the Government’s indication that numerous activities exist to further improve OSH, including a joint OSH programme for construction and assembly, and that workers’ and employers’ organizations are consulted on the various measures implemented. With reference to its previous request concerning OSH in work involving the demolition of buildings containing asbestos, the Committee notes the Government’s indication that statutory accident insurance providers conducted a campaign dedicated to demolition work and working with hazardous substances, such as asbestos, and that activities are ongoing within the working group on hazardous substances of the Committee of the Länder for Occupational Health to further develop the regulations on activities involving asbestos. The Committee takes note of this information.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observations by the German Confederation of Trade Unions (DGB). With reference to its previous observation the Committee notes that the Government has not commented on the observations by the DGB.

Article 3 of the Convention. Consultations with the social partners. Article 4. Risk assessment. Article 13. Measures to ensure that all workplaces are safe and without risk of injury to safety and health. The Committee notes that the DGB and its affiliate Union of Construction, Agriculture and Environment Works (IG BAU) state that work in the construction industry is marred by high accident rates. Although there was an overall increase in the total number of occupational accidents and diseases from 2009 to 2010 in both relative and absolute terms, the DGB maintains that the occupational accident risk for workers in the construction industry is far above the average for workers in Germany. Construction workers also tend to take early retirement and the proportion of older workers to the total workforce in many building trades (such as carpenters, roofers and scaffolders) is significantly lower (13.9 per cent) than the average for all occupations (26.5 per cent). In addition, the number of workers in the building trades applying for disability benefits is also higher than the average for all workers; and out of every 100 roofers and scaffolders who retire, 56 are on disability benefits, compared to 23 persons out of 100 for all occupations. The DGB considers that the cause for this is the widespread failure to enforce existing standards for occupational safety and health protection. On average, there is just one labour inspector for every 10,000 industrial workers. Furthermore, an important feature of the construction industry is the large number of small enterprises whose occupational safety and health standards are rarely inspected. Finally, the IG BAU considers there to be a great need for improvement in the regulatory sphere by, inter alia, by lowering to 25 kg the maximum permissible weight for all construction materials packed in sacks, and by introducing more stringent limits for soot and particle emission from construction machines. The Committee notes with concern that the statistical information provided by the DGB and the IG BAU appears to reflect a significant and disturbing situation regarding construction workers which calls for action on the part of the Government in the form of further analysis of the cause for the above average accident risk for construction workers and for the above average number of construction workers on disability benefits. The Committee urges the Government to take all relevant measures as soon as possible to address the issues raised by the DGB and the IG BAU, in consultation with the most representative organizations of employers and workers, and to provide detailed information on the measures taken and their impact.

The Committee also requests the Government to respond to the remaining issues in its 2011 observation which reads as follows:

Article 30(1). Provision of personal protective equipment. The Committee notes the detailed information provided by the Government regarding the implementation of the provision of the Convention based on a consistent application of a risk management approach. The Committee notes in particular that the Government underscores that the objective of the relevant legislation – including the ordinance on the use of personal protective equipment (PPE) – is to arrive at the independent management of safety and health protection by enterprises, the core elements of such management being: risk assessment; the information and training of workers; and the inclusion of workers in decision making processes of the enterprise having regard to safety and health at work. The Government further states that therefore, as a rule, the Occupational Safety Act and the ordinances based on risk management lay down only essential framework conditions so as not to prevent employers and workers from achieving the level of autonomous action that is the aim of legislation; that these general requirements are underpinned by more concrete sub-statutory sets of rules and that employers implementing these rules can assume that they comply with the legal requirements. The Government indicates however, that a deliberate choice was made not to draw up a set of rules of this kind to assist with the implementation of the ordinance on the use of PPE as, according to the general principles set out in article 4 of the Occupational Safety Act, individual protective measures such as the wearing of PPE are subordinate to technical and organizational protective measures. The Government further states that as a result, PPE may be used either only in addition to other protective measures or only if risk assessment has showed that technical or organizational measures cannot be taken at all or merely to an extent that is considered insufficient. The Government goes on to emphasize that it should further be taken into consideration that the use of PPE in itself can impair or damage health, and that it is not advisable for the legislator to prescribe the compulsory use of PPE in certain work situations on construction sites as is impossible for all possible constraints to be covered by legislation; and that therefore only the employers can take all constraints into consideration, based on individual situation-related risk assessments. The Government also refers to the fact that other legislation specifically requires the provision and use of PPE if certain limit values are exceeded (for example the noise and vibration protection ordinance, hazardous substances ordinance and technical rules accompanying the hazardous substances ordinance, notably TRGS 500). Finally the Government indicates that the statutory accident insurance companies have made available a number of practical guides to help employers select appropriate PPE in areas including for example on the use of breathing equipment and on retaining best and coupling mans for retaining belts. The Committee wishes to recall that this approach places high demands on the enforcement of the provisions on risk assessment and their effective application in practice. The Committee requests the Government to provide further detailed information on the application of this approach in practice including examples of the methods used to ensure such an effective implementation of this Article in practice.

Part VI of the report form. Application in practice. The Committee notes the information provided regarding the elaboration of the common occupational safety and health strategy between the competent inspectorates of the Länder and the statutory accident insurance institutions, in which they agreed on core activities and harmonized information, advisory and implementing measures to reduce accidents and occupational diseases in the construction sector, in particular in building and assembly scaffolding and demolition, but that no interim reports are available for the reporting period. The Committee asks the Government to provide further detailed information on the impact of this common approach on the number of occupational accidents and diseases in the referenced sectors. In that context the Committee requests the Government to also provide information on whether and to what extent particular attention is given to occupational safety and health in demolition work involving demolition of buildings containing asbestos and any information on the incidence of asbestos related diseases among construction workers.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the detailed and comprehensive response provided by the Government including references to legislation and available electronic sources of information. The Committee notes the information provided concerning effect given to the following Articles of the Convention: Articles 2(h), 14(1), 15(1)(e), 17(3) and 12(1).

The Committee notes the observations submitted by the German Confederation of Trade Unions in a communication received on 24 November 2011 and which was transmitted to the Government on 28 November 2011. The Committee will address these comments at its next session in the light of any comments the Government may wish to make in response thereto.

Article 30(1). Provision of personal protective equipment. The Committee notes with interest the detailed information provided by the Government regarding the implementation of the provision of the Convention based on a consistent application of a risk management approach. The Committee notes in particular that the Government underscores that the objective of the relevant legislation – including the ordinance on the use of personal protective equipment (PPE) – is to arrive at the independent management of safety and health protection by enterprises, the core elements of such management being: risk assessment; the information and training of workers; and the inclusion of workers in decision making processes of the enterprise having regard to safety and health at work. The Government further states that therefore, as a rule, the Occupational Safety Act and the ordinances based on risk management lay down only essential framework conditions so as not to prevent employers and workers from achieving the level of autonomous action that is the aim of legislation; that these general requirements are underpinned by more concrete sub-statutory sets of rules and that employers implementing these rules can assume that they comply with the legal requirements. The Government indicates however, that a deliberate choice was made not to draw up a set of rules of this kind to assist with the implementation of the ordinance on the use of PPE as, according to the general principles set out in Article 4 of the Occupational Safety Act, individual protective measures such as the wearing of PPE are subordinate to technical and organizational protective measures. The Government further states that as a result, PPE may be used either only in addition to other protective measures or only if risk assessment has showed that technical or organizational measures cannot be taken at all or merely to an extent that is considered insufficient. The Government goes on to emphasize that it should further be taken into consideration that the use of PPE in itself can impair or damage health, and that it is not advisable for the legislator to prescribe the compulsory use of PPE in certain work situations on construction sites as is impossible for all possible constraints to be covered by legislation; and that therefore only the employers can take all constraints into consideration, based on individual situation-related risk assessments. The Government also refers to the fact that other legislation specifically requires the provision and use of PPE if certain limit values are exceeded (for example the noise and vibration protection ordinance, hazardous substances ordinance and technical rules accompanying the hazardous substances ordinance, notably TRGS 500). Finally the Government indicates that the statutory accident insurance companies have made available a number of practical guides to help employers select appropriate PPE in areas including for example on the use of breathing equipment and on retaining best and coupling mans for retaining belts. The Committee wishes to recall that this approach places high demands on the enforcement of the provisions on risk assessment and their effective application in practice. The Committee requests the Government to provide further detailed information on the application of this approach in practice including examples of the methods used to ensure such an effective implementation of this Article in practice.

Part VI of the report form. Application in practice. The Committee notes the information provided regarding the elaboration of the common occupational safety and health strategy between the competent inspectorates of the Länder and the statutory accident insurance institutions, in which they agreed on core activities and harmonized information, advisory and implementing measures to reduce accidents and occupational diseases in the construction sector, in particular in building and assembly scaffolding and demolition, but that no interim reports are available for the reporting period. The Committee asks the Government to provide further detailed information on the impact of this common approach on the number of occupational accidents and diseases in the referenced sectors. In that context the Committee requests the Government to also provide information on whether and to what extent particular attention is given to occupational safety and health in demolition work involving demolition of buildings containing asbestos and any information on the incidence of asbestos related diseases among construction workers.

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

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.

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

1. The Committee notes with appreciation the detailed information provided by the Government in its report, in particular, the significant changes in the Occupational Health Act (Arbeitssicherheitsgezetz) and the Occupational Safety Act (Arbeitsschutzgesetz). The Committee notes with satisfaction that in accordance with the information provided compliance is ensured with the following provisions of the Convention: Articles 2(g) (definition of scaffold); 5, paragraphs 1 and  2 (technical standards and standardized rules); 9 (taking into account safety and health concerns when designing and planning a construction project); 12, paragraph 2 (stopping operations); 13, paragraph 3 (protective measures); 16, paragraphs 1 and 2(a) (safe handling of vehicles and earth moving equipment); 18, paragraph 1 (work at heights); 20, paragraphs 1 to 3 (cofferdams and caissons); 24(a) and (b) (demolition work); 26, paragraphs 1 and 2 (handling of electricity); 27(a) and (b) (explosives); 31 (first aid) and 32, paragraph 3 (provision of sanitary facilities).

2. The Committee is raising certain other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the information provided by the Government in its reports. It requests the Government to supply additional information on the following points.

1.  Article 2(g) and (h).  The Committee requests the Government to supply copies of the relevant provisions of DIN-standards 4420 (Parts 1-4), 4421 and 4422 (Parts 1 and 2) which concern the definition of "scaffold". The Committee observes that section 1 of VBG 9a does not define the term "lifting appliance". It would be grateful if the Government would indicate how this term is defined in national law in conformity with the Convention.

2.  Article 5, paragraphs 1 and 2.  The Committee requests the Government to supply a copy of the relevant texts of DIN-standards, accident prevention regulations and other rules of accident insurance funds (for example data sheets), which have been cited in the Government’s report and which are relevant to the application of the Convention. The Committee further requests the Government to indicate the relevant standards adopted by recognized international organizations in the field of standardization it has considered in giving effect to Article 4 of the Convention.

3.  Article 9.  The Committee notes the Government’s reference to the Länder construction ordinances and the indication that in 1995 a draft ordinance to implement EC Directive 92/57/EEC on construction sites was being prepared. The Committee requests the Government to send, as examples, copies of the Länder construction ordinances, as well as the Ordinance to implement EC Directive 92/57/EEC, if it has been adopted, in order to assess whether persons concerned with the design and planning of a construction project are bound to take into account the safety and health of construction workers. The Committee also requests the Government for clarification on whether VOB Part B is relevant in this context.

4.  Article 12, paragraph 2.  The Committee requests the Government to provide more specific information on the exceptional conditions which allow the employer to require workers to take up work again in case the danger persists, as foreseen in section 9(3) of the Occupational and Safety Act.

5.  Article 13, paragraph 3.  The Committee would be grateful if the Government would provide a copy of the specific provisions of the Länder construction ordinances or other regulations ensuring appropriate measures against possible dangers arising from construction sites to protect persons present at or near such sites.

6.  Article 14, paragraphs 1, 2 and 4.  The Committee would be grateful if the Government would indicate the specific provisions of the Länder construction ordinances and to provide copies of the relevant texts in addition to copies of DIN-standards 4420 (Parts 1, 2 and 3) and 4421. The Committee requests the Government to indicate the specific provisions stipulating that suitable and sound ladders are provided in the absence of alternative safe means of access to elevated working places. The Committee further asks the Government to provide copies of the texts of these provisions, including a copy of DIN EN131, Parts 1 and 2. The Committee requests the Government to indicate and provide copies of the provisions prescribing the cases in which, and the times at which, scaffolds must be inspected.

7.  Article 15, paragraphs 1(e) and 2.  The Committee would be grateful if the Government would indicate the measures adopted to provide for appropriate training for workers who operate lifting appliances and gear. Please also indicate the measures taken or envisaged to prohibit the use of lifting appliances for raising, lowering and carrying of persons unless the appliances are constructed for that specific purpose.

8.  Article 16, paragraphs 1, 2(a) and (b).  The Committee would be grateful if the Government would provide copies of the relevant provisions of VBG 40. The Committee requests the Government to indicate how safe and suitable access ways and appropriate organization and control of traffic on construction sites are guaranteed in line with the requirements of the Convention.

9.  Article 17, paragraphs 1(a) and (d), and 3.  The Committee requests the Government to provide copies of the texts of the provisions which ensure compliance with the requirements of the Convention concerning design, construction, maintenance and use of plant, machinery, equipment and hand tools as well as concerning the appropriate training of workers operating plant, machinery, equipment and hand tools. Please supply copies of the texts of the specific provisions on the Compressed Air Ordinance and the Pressurized Container Ordinance which ensure that pressure plant and equipment shall be examined and tested by a competent person according to the requirements of the Convention.

10.  Article 18, paragraph 1.  Please provide a copy of the provisions prescribing an order of priority in which prevention measures must be taken. Please provide information on how prevention in line with the Convention is ensured for workplaces which are excluded from the scope of section 12(1) of VBG37. In this context, the Committee would be grateful if the Government would provide a copy of the provisions governing prevention measures against falling in workplaces and traffic ways on roofs in case of a fall height of above three metres.

11.  Article 20, paragraphs 1(a) and (b), and 3.  The Committee requests the Government to provide a copy of the provisions in force that ensure the quality of the construction of cofferdams and caissons and that workers reach safety in the event of an inrush of water or material. Please also provide a copy of the provisions regulating the inspection of cofferdams and caissons in line with the Convention.

12.  Article 24(a) and (b).  The Committee would be grateful if the Government would supply a copy of the relevant provisions of the Model Construction Ordinance and DIN-standards 1045.

13.  Article 26, paragraphs 1 and 2.  The Committee requests the Government to provide more specific information on the provisions guarding against danger from electrical equipment, as required by the Convention, and to supply copies of the relevant technical rules and supplementary standards, such as DIN VDE 0 100 Part 704.

14.  Article 27(a) and (b).  The Committee would be grateful if the Government would provide a copy of VBG 46.

15.  Article 30, paragraph 3.  The Committee requests the Government to provide more specific information on the measures established by the competent authority for personal protective equipment and protective clothing and to supply copies of the relevant regulations of the eighth GSGV.

16.  Article 31.  The Committee would be grateful if the Government would supply copies of the relevant provisions of VBG 109.

17.  Article 32, paragraph 3.  The Government is requested to indicate how separate sanitary and washing facilities for men and women workers are ensured.