Asbestos Convention, 1986 (No. 162) - 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 information provided by the Government in its report in reply to its previous request concerning the application of Article 21(4) of the Convention on the provision of other means of maintaining income to all workers, irrespective of their nationality, work permit or residence status.

Application of the Convention in practice. The Committee notes the Government’s indication that by 31 December 2013, a total of 564,927 workers in 17,337 enterprises had been exposed to asbestos in their current or previous activities and that 88,979 workers were currently exposed to asbestos, particularly in demolition, renovation and repair work. The Committee also notes that, according to the Government, new cases of occupational cancer were attributable to earlier exposure to asbestos and that in 2013 there were 3,636 suspected cases of asbestosis, 1,926 confirmed cases and 159 fatalities; 4,079 suspected cases of lung cancer, 794 recognized cases and 559 fatalities; and 1,425 suspected cases of mesothelioma, 978 recognized cases and 734 fatalities. The Committee requests the Government to continue providing information on the number and nature of occupational diseases reported as being caused by asbestos, and the measures taken to reduce this number.

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

Article 21(4). Provision of other means of maintaining income. The Committee notes with interest the general information provided by the Government that relevant legislation including, in particular, section 3 of the Occupational Illness Ordinance (BKV) is fundamentally preventive in its intentions, that where there is a risk for of contracting an occupational illness, or of a recurrence or deterioration of an existing illness, the accident insurer is required to try to prevent this using all appropriate means, and that, unlike general prevention, the measures implied here are intended to avert a specific risk of illness associated with a particular job. The Government further indicates that for insured persons, there must be a real risk of falling ill and that individual risk to health must be reflected in a prognosis of probable illness if the person concerned continues to work in the activity in question. The Government underscores that this entitlement does not require the occupational illness to have appeared but the aim is to take preventive action as far in advance as possible to avert the risk of future health damage. While efforts should be made to eliminate the danger at issue through technical or organizational means, or indeed through medical treatment, the Government indicates that if the threat to health cannot be eliminated through such measures, the insured persons concerned must be asked to stop the hazardous activity. In such cases and where the workers suffer a loss of income or other economic disadvantages, the workers are entitled to a transition allowance under section 3(2) of the BKV. Depending on the individual case, a lump sum payment may be made of up to a full year’s pension (two-thirds of the previous year’s gross wages), or a regular monthly sum of up to the full pension amount, for no longer than five years. The Government emphasizes that this transition benefit is not compensation for damage suffered to health, as no occupational illness has at this stage appeared, but it is intended to compensate for differentials between the original and the new activity during a transition period than can last several years. The Committee also notes the information provided that, in practice, these provisions are not longer relevant as the production and use of asbestos has been generally prohibited in Germany since 1993 and that there are thus no longer any jobs involving asbestos processing where insured persons could be exposed to asbestos and the associated health risks. Although asbestos fibres still can be released in the course of renovation work or demolition of older buildings, the Government indicates that in these cases effective application of rules regarding protection from asbestos and preventive measures can to a large extent prevent direct contact with asbestos fibres. The Government finally indicates that there is accordingly no statistic of any measures taken under section 3(2) of the BKV. The Committee notes that the referenced information in all cases refers to workers insured under the national insurance system and that the incidence of workers not fully covered national insurance schemes may be significant, particularly in the construction sector. The Committee requests the Government to provide further information on how this Article of the Convention is applied in the cases of workers not fully covered by the national health insurance schemes.

Part V of the report form. Application in practice. The Committee notes the information that inspection reports are not evaluated in relation to specific substances and that statistics on the number of workers still working with asbestos and on the number and type of contraventions of the relevant regulations are therefore not available in Germany. It also notes that the Government indicates that there are many cases of cancers appearing now as a result of earlier exposures to asbestos. In this respect is refers to statistics for the commercial sector in 2009 including reports of 3,736 suspected cases, 1,921 confirmed cases and 108 fatalities of asbestosis; 3736 reports of suspected cases, 686 confirmed cases and 498 fatalities of lung cancer; and 1,386 suspected cases, 970 confirmed cases and 722 fatalities in mesothelioma. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in the country and attach any available information from inspection reports and, where such statistics exist, information on the number of the workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos etc.

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

Article 21(4) of the Convention. Provision of other means of maintaining income. With reference to its previous comments, the Committee notes from the Government’s response that by virtue of article 3(2) of the Ordinance on Occupational Diseases 2002, an employee who leaves an activity because an occupational disease is liable to develop, recur or get worse, that employee is entitled to further training, retraining measures and to compensation for loss of earning (for a limited period of time). The Committee would like to draw the Government’s attention that Article 21(4) also relates to situations before any occupational disease has been declared but after a determination that continued assignment to work involving exposure to asbestos has been found to be medically inadvisable. The Committee requests the Government to indicate the specific measures taken to ensure that the workers concerned are provided with other means of maintaining their income and to provide information on the practical application of this Article including information on the limited time period referred to above.

Part V 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 county and attach extracts from inspection reports and, where such statistics exist, information on the number of the workers covered by the legislation, the number and nature of the contraventions reported, the number of occupational diseases reported as being caused by asbestos, etc.

[The Government is asked to reply in detail to the present comments in 2011.]

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided in the Government’s report including replies to its previous comments. It also notes the information that the Hazardous Substances Ordinance (Gefarhstoffverordnung-GefStoffV) of 23 December 2004 (BGBl. I S 3758) came into force on 1 January 2005 and that an amended version of the Technical Rules for Hazardous Substances (TRGS) 519 Asbestos: Demolition, Reconstruction or Maintenance Work was issued in September 2001.

2. Article 6, paragraph 3, and Article 17, paragraph 3, of the Convention. Procedures preparing for emergency situations and consultations with workers or their representatives regarding workplans. The Committee notes with satisfaction that in reply to its previous comments regarding preparations for emergency procedures, the Government refers to Annex III, paragraph 2.4.2, of the newly adopted Hazardous Substances Ordinance requiring prior notification to the competent authority of any demolition, reconstruction or maintenance work (DRM work) involving products or materials containing asbestos and that through this procedure, the competent authority can, in each case, satisfy itself whether an emergency scenario is envisaged. The same ordinance, in section 20, subsection 4, entitles the competent authority to order any measures that would be called for in such cases. The Committee also notes with satisfaction that in reply to its comments regarding consultations with workers or their representatives, the Government refers to section 11, subsection 3, of the Hazardous Substances Ordinance which specifically provides for such consultations, specifically in relation to DMR work, on measures to limit exposure of workers as far as possible and to ensure protection of workers during such activities.

3. Article 21, paragraph 4. Provision of other means of maintaining income. The Committee notes that in reply to its previous comments on this issue, the Government indicates that section 16, subsection 5, of the Hazardous Substances Ordinance provides that additional protective measures required must be taken if the employer is aware that, owing to the conditions at the workplace, there are health reasons why an employee should not continue carrying out the activity. The Committee further notes that the Government indicates that this includes the possibility of assigning the employee to another activity that does not involve risk for further exposure. Recalling that Article 21, paragraph 4, of the Convention requires that every effort should be made, consistent with national conditions and practice, to provide the workers concerned with other means of maintaining their income, the Committee requests the Government to indicate the measures taken or envisaged, including their application in practice, to ensure a full application of this provision of the Convention.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the information supplied by the Government in its report. It would draw the Government's attention to the following points.

1. Article 6, paragraph 3, of the Convention. The Committee notes the Government's indication to the effect that section 20 of the Ordinance on Dangerous Substances requires the employer to establish working instructions appropriate to the type of work and material indicating the health and environmental risks involved in handling dangerous substances and defining the requisite safety measures (first aid measures) and rules for conduct. These instructions are to be written in the language and manner comprehensible to the workers. In this regard, the employer's general obligation under section 87 of the Works Constitution Act to participate in the works council remains unchanged. The Committee recalls that Article 6, paragraph 3, of the Convention calls for the preparation of procedures dealing with emergency situations which have to be established by the employer in cooperation with the occupational safety and health services, and after consultation with the workers' representatives concerned. The Committee accordingly requests the Government to indicate whether, apart from the works council, the occupational safety and health services are involved in the preparation of procedures dealing with emergency situations, and if so, please provide full details.

Article 17, paragraph 3. The Committee notes again section 39, subsection 2, of the Ordinance on Dangerous Substances, requiring the employer to submit in advance detailed workplans before carrying out demolition, restoration and maintenance work on and in constructions, buildings and vehicles containing asbestos. These work plans have to be submitted together with the employer's licence, showing his qualification to carry out this kind of work, to the competent authorities for approval. According to the Government, this regulation ensures that the occupational safety and health services are extensively involved in the establishment of workplans. In this respect, the Committee recalls the provision of Article 17, paragraph 3, of the Convention providing for the consultation of workers or their representatives on workplans regarding the demolition of plants or structures containing friable asbestos insulation materials, and removal of asbestos from buildings or structures in which asbestos is liable to become airborne. The Committee accordingly requests the Government to indicate whether workers or their representatives are consulted on such workplans.

Article 21, paragraph 4. The Committee notes the Government's explanation to the effect that section 1 of the Ordinance on the Prohibition of Chemicals prohibits the trade, manufacture and use of asbestos in Germany. In addition, the exposure of workers to asbestos is prohibited under section 15a of the Ordinance of Dangerous Substances. However, demolition, restoration and maintenance work is exempted from this ban, but may only be carried out under the particular conditions prescribed in section 39 of the Ordinance on Dangerous Substances. Moreover, the Technical Rules for Dangerous Substances 519 (TRGS 519) contain specific provisions as concerns safety procedures for the protection of workers involved in these activities. The Committee further notes the Government's conclusion that these regulations, based on the technology available, minimize the workers' exposure to asbestos and thus guarantee a high level of protection. The Committee recalls the provision of Article 21, paragraph 4, of the Convention and requests the Government to explain the efforts made or envisaged to provide the workers, whose continued assignment to work involving exposure to asbestos is found medically inadvisable, with other means of maintaining their income.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's report. It would draw the Government's attention to the following points:

1. Article 6, paragraph 3, of the Convention. The Committee notes that section 26 of the Ordinance on Dangerous Substances prescribes procedures for dealing with emergency situations. Section 20 of this Ordinance requires the employer to establish work instructions which contain, inter alia, first aid measures. According to section 87 of the Works Constitution Act, the works council participates in the preparation of these instructions. The Committee would recall that Article 6, paragraph 3, of the Convention calls for the preparation of procedures dealing with emergency situations by the employer in cooperation with the occupational safety and health services, and after consultation with the workers' representatives concerned. The Committee requests the Government to indicate whether occupational safety and health services are involved in the preparation of procedures dealing with emergency situations, and if so, please provide full details.

2. Article 17, paragraph 3. The Committee notes that section 39, subsection 2, of the Ordinance on Dangerous Substances requires the employer to submit in advance detailed work plans before demolition of plants or structures containing friable asbestos insulation materials is carried out. The Committee would be grateful if the Government would indicate whether workers or their representatives are consulted on such work plans as required by Article 17, paragraph 3, of the Convention.

3. Article 19, paragraph 2. The Committee requests the Government to indicate the appropriate measures taken by the competent authority and by employers to prevent pollution of the general environment by asbestos dust released from the workplace.

4. Article 21, paragraph 4. The Committee requests the Government to explain the efforts made, or envisaged, to provide the workers, whose continued assignment to work involves exposure to asbestos which are found to be medically inadvisable, with other means of maintaining their income.