Asbestos removal according to TRGS 519: Which representatives are required and how to prove it

The Technical Rule for Hazardous Substances TRGS 519 (as of January 2014, changed several times) specifies Section 8 of the Hazardous Substances Ordinance for asbestos work. It requires the employer to submit a written notification to the responsible authority at least seven days before the start of work, a work plan according to No. 14 and at least one knowledgeable supervisor according to Appendix 3 or Appendix 4 on site.

Anyone who renovates, demolishes or converts buildings built before 1993 rarely misses TRGS 519. The fine situation is severe: Section 22 Paragraph 1 No. 1 GefStoffV in conjunction with Section 26 ChemG allows fines of up to 50,000 euros, criminal consequences according to Section 27 ChemG are possible. This article clarifies which representatives are mandatory, what expertise is required, what the documentation must look like and how CIVAC, as a compliance platform and officer-as-a-service, bundles the evidence.

German law does not recognise the isolated asbestos representative. According to § 6 ArbSchG and § 13 GefStoffV, the employer is responsible, supplemented by a knowledgeable supervisor according to TRGS 519 and the hazardous substances officer as an organisational function in the company.

TRGS 519 distinguishes between four types of activities: ASI work (demolition, renovation, maintenance) on firmly bound asbestos, work on weakly bound asbestos, small-scale activities and low-emission processes BT list. Different expertise and reporting requirements apply to each level.

The written report in accordance with No. 3.2 TRGS 519 is sent to the responsible occupational safety authority in the state at least seven days before the start of work. It contains the location, type, scope, start, duration, procedures used, number of employees and the supervisor.

The work plan according to No. 14 TRGS 519 is separate and more extensive. It must be available before work begins, must be displayed at the workplace and presented to the authorities upon request.

A Hazardous Substances Officer is not necessarily the same person as the competent supervisor according to Section 13 GefStoffV, but is responsible for organisational coordination, the list of hazardous substances and the interface to management in the company.

TRGS 519 is effective thus as a central requirement in occupational safety, supplemented by the Asbestos Prohibition Ordinance, the Chemicals Prohibition Ordinance and the new Chemicals Prohibition Act.

Appendix 3 TRGS 519 (large specialist course) is mandatory for supervisors during ASI work on firmly bound asbestos and work on weakly bound asbestos. The course includes at least 32 hours of theory and practice with a recognised training provider.

Appendix 4 TRGS 519 (small specialist course) is sufficient for small-scale activities in accordance with No. 2.10 TRGS 519, such as low-emission processes or small-scale interventions in materials containing asbestos. Scope: at least 16 hours.

The expertise is personal and valid for six years. After this, a one-day training course is required, otherwise the expertise expires and the person is no longer allowed to supervise. Without valid supervision, the project is suspended.

The training providers must be recognised by the responsible state authority in accordance with Annex 5 TRGS 519. Each federal state maintains its own nationwide list, which can usually be accessed via the trade inspectorate or the LASI office.

Employees without a supervisory function do not require any specialist knowledge according to appendix 3 or 4, but must be instructed annually according to No. 8 TRGS 519. The instruction must be documented in writing and kept for at least two years.

The occupational safety specialist advises the employer on the selection of experts and the design of the training program, but is not a replacement for the supervisor.

The notification according to No. 3.2 TRGS 519 must be sent in writing to the responsible occupational safety authority at least seven working days before the start of work. According to Section 22 GefStoffV, violations are subject to a fine and can lead to the work being prohibited.

The work plan according to No. 14 must be available before work begins and must contain, among other things: description of the work, procedures used, protective measures, black and white system, personal protective equipment, waste disposal and emergency plan. Der Plan ist von der sachkundigen Aufsichtsperson zu unterzeichnen.

An der Arbeitsstelle müssen der Arbeitsplan, die Anzeige, das Beschäftigtenverzeichnis nach Nr. 8.1 und die Sachkundenachweise jederzeit verfügbar sein. Officials carry out checks unannounced, especially in metropolitan areas.

For small-scale activities in accordance with No. 2.10, the seven-day notice is not required; However, the activity itself must be documented and correspond to the BT list. The demarcation is delicate and will be interpreted narrowly in the event of a dispute.

Before starting, the employer must prepare a risk assessment update in accordance with Section 6 GefStoffV and include it in the list of hazardous substances. A blanket assessment is not enough; Each object receives its own assessment.

The deadline expires as soon as it is known. Anyone who discovers asbestos and does not report it loses the privilege of TRGS 519 and risks criminal charges according to Section 27 ChemG.

The ArbMedVV requires compulsory precautions in accordance with Annex Part 1 for all employees exposed to asbestos, regardless of the level of exposure. Preventive care is carried out by an authorised doctor before starting the activity and at specified intervals.

Personal protective equipment follows No. 9 TRGS 519. At least particle-filtering half masks FFP3 or full masks with P3 filters, for higher exposures compressed air devices. Protective suits type 5 or 6 according to DIN EN 13982 are standard.

The black and white system separates the contaminated from the uncontaminated area. It includes a dirt trap, a shower room with two showers per five employees, a changing room and a lounge. For small projects, a personnel lock with a change room is sufficient.

Fiber concentrations are monitored using measurements in accordance with VDI 3492, and a representative collects the reports. The value of 10,000 fibers/m³ trigger threshold according to No. 3.3 is relevant for the reporting and training obligation.

The company doctor is the legal partner for compulsory preventive care according to ArbMedVV and keeps the preventive care file according to § 14 GefStoffV. This file must be kept for 40 years after the end of the exposure; a violation is punishable by a fine.

Audit-proof, documented, § 8 GefStoffV-proof. Without this chain of receipts, the next appointment with the authorities will be unpleasant.

The employer is primarily responsible according to Section 13 ArbSchG. Transferring responsibility to a competent supervisor is possible and usual, but requires a written transfer of duties in accordance with Section 13 Paragraph 2 of the ArbSchG.

The building owner bears his own obligations according to the construction site regulations: ordering a safety and health insurance for more than 30 person-days or more than 500 person-days in total, advance notice to the authorities and creation of a safety and health protection plan.

The construction manager coordinates the trades on the site construction site and ensures that only knowledgeable people touch asbestos. A construction manager without asbestos expertise is not allowed to supervise the activities, but is allowed to control the overall project.

The hazardous materials officer advises the management, coordinates the hazardous materials register and ensures that the certificates of expertise are updated in a timely manner. He is not authorised to give instructions to external reorganizers, but can evaluate contracts.

In the event of violations, those in the management who are subject to supervision can also become responsible according to Section 130 OWiG if appropriate supervision was negligently not set up. The fine situation is real and will be enforced in court.

The appointment certificate, signed, filed, verifiable. Without this chain, the discussion at the authority begins with an accusation instead of an answer.

Waste containing asbestos must be classified according to waste code AVV 170605 (building materials containing asbestos) or 170601 (insulating material with asbestos). Both keys are classified as dangerous and are subject to the obligation to provide evidence in accordance with the Evidence Ordinance (NachwV).

Disposal takes place in approved facilities with electronic evidence (eANV) via the ZKS waste portal. Carriers require a permit in accordance with Section 53 KrWG, collectors require a notification in accordance with Section 53 KrWG.

The packaging must be dust-tight, usually big bags or special asbestos bags with asbestos marking in accordance with Annex II No. 1 GefStoffV. Loose storage in containers is prohibited and will result in fines.

The documentation requirement includes accompanying notes, acceptance notes, delivery documents according to ADR and the final disposal confirmation. The retention period is three years according to the NachwV, in practice it is recommended to link it to the precautionary file for the full period.

For cross-border transport, the EC Waste Shipment Regulation (1013/2006) applies; notification to the responsible authority is required. Asbestos transports to other EU countries are possible, but documentation is intensive.

CIVAC stores accompanying documents, certificates of expertise and precautionary documents in a reporting line that the environmental protection officer can view as well as the hazardous materials officer and construction manager.

The responsible occupational safety authority of the state (trade supervisory authority, office for occupational safety, depending on the federal state) inspects asbestos construction sites unannounced. LASI's focus campaigns run regularly, often in urban redevelopment areas.

Proof of supervisory expertise, advertisements, work plans, black and white systems, PPE, training documentation and employee directories are checked. If one of these is missing, there is a risk of a construction stop and a fine.

Fines according to Section 22 GefStoffV range up to 50,000 euros. Repeated or intentional violations will result in a criminal complaint in accordance with Section 27 ChemG with a prison sentence of up to five years. Personal responsibility of the management is possible.

Frequent findings: expired expertise, missing notification, incomplete employee list, incomplete precautionary file, no fibre concentration measurement, inadequate black and white system. Every single point can lead to a construction stop.

Liability also arises under civil law: health insurers and professional associations take recourse if a breach of supervisory duty is proven. The occupational diseases BK 4103 (asbestosis) and BK 4105 (mesothelioma) show that damage occurs decades later and retention requirements are serious.

The auditor calls, the evidence is ready. Or not. The latter costs an average of four to five figures per report.

Step 1: Inventory of the properties. Which buildings before 1993, which have already been sampled, which suspected cases? The list of hazardous substances in accordance with Section 6 GefStoffV represents this inventory.

Step 2: Build up or purchase expertise in the company. Your own expert supervision makes sense for frequent activities, external outsourcing to specialist companies for individual projects. Both are permitted, both must be documented.

Step 3: Appoint a hazardous materials officer. The appointment certificate must specify tasks, authorities and the interface to management. Personnel function and authority must not diverge.

Step 4: Establish process for notification and work plan. Seven-day deadlines, contact with authorities, work plan templates, certificates of expertise and PPE procurement must be in a workflow, not in a file folder.

Step 5: Maintain pension index and employee directory. Both documents must be kept for 40 years after the end of exposure, in practice a data management issue.

Licence the workspace for your internal representatives, or have our representatives appoint one. CIVAC provides hazardous materials officers as an officer-as-a-service, with CIVAC SLA of two business days, EU data residency and 490 ready-to-use audit templates for asbestos projects.

Asbestos removal according to TRGS 519 is not an Excel topic, but a project that requires documentation and retention periods of up to 40 years. Anyone who distributes certificates of expertise, advertisements, work schedules and pension receipts in email inboxes will lose them at the latest when there is a change in personnel.

CIVAC is a compliance platform and officer-as-a-service. The workspace bundles appointment certificates, reporting lines, certificates of expertise, advertisements, work plans and the pension index in EU data residence. 490 audit templates cover TRGS 519, GefStoffV, ArbMedVV and NachwV.

Licence the workspace for your internal representatives, or have our representatives order it. In the second model, experienced hazardous materials officers with a CIVAC SLA of two working days take over the order and the ongoing reporting line to management.

Others run compliance like a filing cabinet. We run it like software. At the next appointment with the authorities, certificates of expertise, notifications and precautionary receipts will be available with just two clicks, not after three days of file searching.

Write to info@civac.de or use the contact form on civac.de. In the initial consultation, we will clarify the level of maturity of your asbestos organisation and whether a licence or mandate is a better fit.

Turn reading into a mandate.