The employer may only allow activities involving asbestos to be carried out if the company has the necessary safety, organisational and personnel equipment. The employer must give priority to work procedures and take technical protective measures to prevent or minimise the release of asbestos fibres. The employer must define and implement risk-related protective measures in accordance with Annex I Number 3.3 of the Hazardous Substances Ordinance (e.g. dust-tight separation of the work area, material sluice), taking into account the rules published in accordance with Section 20 (4) (e.g. TRGS 219). The employer must take measures to prevent any risk to other persons.
Companies require authorisation from the competent authority if activities in the high-risk area are to be carried out. The employer must apply for authorisation in writing or electronically in accordance with Annex I Number 3.4.
For activities involving asbestos, the employer must ensure that
- the identification and assessment of the hazards, the determination of the necessary protective measures and the implementation of the instructions are carried out by a person who has expertise in accordance with Annex I Number 3.7 of the Hazardous Substances Ordinance; if the employer does not have the necessary expertise himself, he must appoint a competent responsible person in the company to fulfil these tasks,
- the activities are supervised by a person authorised to issue instructions who is qualified in accordance with Annex I Number 3.7 of the Hazardous Substances Ordinance; this supervising person must be present on site at all times while the activities are being carried out,
- the activities are only carried out by employees who are qualified in accordance with Annex I Number 3.6 of the Hazardous Substances Ordinance.
The requirements for expertise in accordance with sentence 1 numbers 1 and 2 depend on the tasks to be performed in the company and the risk area of the activities to be carried out. When using recognised low-emission processes, the required qualification of the supervising person can be acquired by participating in a specific practical training measure in accordance with Annex I number 3.6 paragraph 2 of the Hazardous Substances Ordinance.