Ordinance on Safety and Health Protection at Workplaces Involving Biological Agents (Biological Agents Ordinance \u2013 BioStoffV) German law<\/p>\n
Part 6<\/strong> Section 20<\/strong> (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,<\/p>\n 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,<\/p>\n 2. in violation of section 4 para. 2 clause1, fails to update a risk assessment or to do so in time,<\/p>\n 3. in violation of section 4 para. 2 clause 2, fails to review a risk assessment or to do so in time,<\/p>\n 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,<\/p>\n 5. in violation of section 7 para. 3 clause 1, fails to maintain a list mentioned therein or to do so properly or completely,<\/p>\n 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,<\/p>\n 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,<\/p>\n 8. in violation of section 9 para. 1 clause 2 no. 3, fails to ensure that a washing facility is available,<\/p>\n 9. in violation of section 9 para. 1 clause 2 no. 4 sub-clause 1, fails to ensure that a changing room is available,<\/p>\n 10. in violation of section 9 para. 3 clause 2 no. 5 sub-clause 1, fails to maintain the personal protective equipment provided,<\/p>\n 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,<\/p>\n 12. in violation of section 9 para. 4 clause 2, fails to ensure that only the containers mentioned therein are used,<\/p>\n 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,<\/p>\n 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,<\/p>\n 15. in violation of section 11 para. 1 no. 1, fails to define a procedure mentioned therein or to do so in time,<\/p>\n 16. in violation of section 11 para. 2, fails to replace an instrument mentioned therein or to do so in time,<\/p>\n 17. in violation of section 11 para. 3 clause 1, fails to ensure that a used cannula is not recapped,<\/p>\n 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,<\/p>\n 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,<\/p>\n 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,<\/p>\n 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,<\/p>\n 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,<\/p>\n 23. in violation of section 14 para. 2 clause 1, fails to ensure that an employee is briefed,<\/p>\n 24. starts an activity mentioned in section 15 para. 1 clause 1 without a licence,<\/p>\n 25. in violation of section 16 para. 1, fails to file a notification or to do so correctly, completely or in time, or<\/p>\n 26. in violation of section 17 para. 1, fails to inform the competent authority or to do so correctly, completely or in time.<\/p>\n (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.<\/p>\n Section 21<\/strong> (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.<\/p>\n (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.<\/p>\n Section 22<\/strong> For activities that have started prior to the entry into force of this Ordinance,<\/p>\n 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,<\/p>\n 2. there shall be no licensing obligation pursuant to section 15 para. 1 provided such activities were notified to the competent authority.<\/p>\n Table of contents (Biological Agents Ordinance – BioStoffV)<\/a><\/p>\n
\nAdministrative offences, criminal offences and transitional provisions<\/strong><\/p>\n
\nAdministrative offences<\/strong><\/p>\n
\nCriminal offences<\/strong><\/p>\n
\nTransitional provisions<\/strong><\/p>\n