Part 6. Administrative offences, criminal offences and transitional provisions (Biological Agents Ordinance – BioStoffV) German law

Ordinance on Safety and Health Protection at Workplaces Involving Biological Agents (Biological Agents Ordinance – BioStoffV) German law

Part 6
Administrative offences, criminal offences and transitional provisions

Section 20
Administrative offences

(1) For the purposes of section 25 para. 1 no. 1 of the Act on Health and Safety at Work, a person shall be deemed to have committed an administrative offence if he/she, intentionally or negligently,

1. in violation of section 4 para. 1 clause 1, fails to perform an assessment of the risk for employees or to do so properly, completely or in time,

2. in violation of section 4 para. 2 clause1, fails to update a risk assessment or to do so in time,

3. in violation of section 4 para. 2 clause 2, fails to review a risk assessment or to do so in time,

4. in violation of section 7 para. 1 clause 1, fails to document a risk assessment or to do so properly, completely or in time,

5. in violation of section 7 para. 3 clause 1, fails to maintain a list mentioned therein or to do so properly or completely,

6. in violation of section 7 para. 3 clause 3, fails to archive a list mentioned therein or to archive it for at least 10 years,

7. in violation of section 8 para. 4 no. 4 sub-clause 1, fails to make available personal protective equipment or to do so in time,

8. in violation of section 9 para. 1 clause 2 no. 3, fails to ensure that a washing facility is available,

9. in violation of section 9 para. 1 clause 2 no. 4 sub-clause 1, fails to ensure that a changing room is available,

10. in violation of section 9 para. 3 clause 2 no. 5 sub-clause 1, fails to maintain the personal protective equipment provided,

11. in violation of section 9 para. 3 clause 2 no. 7 sub-clause 2, fails to establish the areas mentioned therein or to do so in time,

12. in violation of section 9 para. 4 clause 2, fails to ensure that only the containers mentioned therein are used,

13. in violation of section 10 para. 1 no. 1 letter a) or section 11 para. 7 no. 1, fails to define the areas with an assigned protection level or to do so in time or fails to label this area or to do so properly or in time,

14. in violation of section 10 para. 2 clause 1 or section 11 para. 7 no. 3, fails to appoint a person or to do so in time,

15. in violation of section 11 para. 1 no. 1, fails to define a procedure mentioned therein or to do so in time,

16. in violation of section 11 para. 2, fails to replace an instrument mentioned therein or to do so in time,

17. in violation of section 11 para. 3 clause 1, fails to ensure that a used cannula is not recapped,

18. in violation of section 11 para. 4 clause 1, also in conjunction with clause 4, fails to dispose of an instrument mentioned therein or to do so in time,

19. in violation of section 13 para. 1 clause 2 nos. 1, 2 or 3, fails to define a measure mentioned therein or to do so in time,

20. in violation of section 13 para. 3 clause 1, fails to prepare an internal plan or fails to do so properly, completely or in time,

21. in violation of section 13 para. 5 clause1, fails to define a procedure for accident reports and investigations or to do so in time,

22. in violation of section 14 para. 1 clause 1, fails to prepare written operating instructions or to do so properly, completely or in time,

23. in violation of section 14 para. 2 clause 1, fails to ensure that an employee is briefed,

24. starts an activity mentioned in section 15 para. 1 clause 1 without a licence,

25. in violation of section 16 para. 1, fails to file a notification or to do so correctly, completely or in time, or

26. in violation of section 17 para. 1, fails to inform the competent authority or to do so correctly, completely or in time.

(2) For the purposes of section 32 para. 1 no. 1 of the Home Work Act (Heimarbeitsgesetz), a person shall be deemed to have committed an administrative offence if he/she intentionally or negligently, in violation of section 8 para. 7, allows an activity mentioned therein to be performed.

Section 21
Criminal offences

(1) A person who puts the life or health of an employee at risk by a deliberate act specified in section 20 para. 1 shall be deemed to commit a criminal offence pursuant to section 26 no. 2 of the Act on Health and Safety at Work.

(2) Persons putting at risk the working capacity or health of persons engaged in home work shall be deemed to commit a criminal offence pursuant to section 32 para. 3 or para. 4 of the Home Work Act.

Section 22
Transitional provisions

For activities that have started prior to the entry into force of this Ordinance,

1. a professionally qualified person shall be appointed by 30 June 2014 in conformity with section 10 para. 2 or section 11 para. 7 no. 3,

2. there shall be no licensing obligation pursuant to section 15 para. 1 provided such activities were notified to the competent authority.

Table of contents (Biological Agents Ordinance – BioStoffV)

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