Duties of the hazardous substances officer in the company: GefStoffV, TRGS, practice

The hazardous substances officer is not an independent, mandatory appointment under the law, but rather a competent person to whom the employer delegates tasks in accordance with Section 13 of the ArbSchG and Section 6 of the Hazardous Substances Ordinance. The function is indispensable in practice at the latest when a relevant quantity of hazardous substances is reached or when activities involve carcinogenic substances in accordance with TRGS 905. The legal responsibility remains with the entrepreneur.

This article lists the operational obligations, broken down according to the hazardous substances register, risk assessment according to TRGS 400, operating instructions and instructions according to § 14 GefStoffV, substitution and emergency planning. You will learn how CIVAC, as a compliance platform and officer-as-a-service, sets up the documentation and reporting line in an audit-proof manner.

The duties of the hazardous substances officer arise from several standard levels. At the legal level, the Occupational Safety and Health Act (§ 13 ArbSchG on the transfer of duties) and the Chemicals Act (§ 27 ChemG on criminal offenses) apply.

At the regulatory level, the Hazardous Substances Ordinance (GefStoffV) is central. Section 6 GefStoffV regulates information gathering and risk assessment, Section 7 the basic obligations, Section 8 the additional protective measures, Section 14 the instruction. The GefStoffV was last comprehensively amended on May 27, 2024.

The Technical Rules for Hazardous Substances (TRGS) specify the regulation. TRGS 400 (risk assessment), TRGS 555 (operating instructions and instruction), TRGS 510 (storage) and TRGS 905 (carcinogenic, germ cell mutagenic, reproductively toxic substances) are the most important.

In contrast to the data protection officer or the money laundering officer, German law does not require a name to appoint a hazardous substances officer. However, according to Section 13 Paragraph 2 of the ArbSchG, the employer can appoint reliable and expert people in writing.

In practice, the role of hazardous substances officer is appointed, often in conjunction with the occupational safety specialist. CIVAC delivers the appointment certificate, the task description and the reporting line to the management.

The appointment certificate, signed, filed, verifiable.

The hazardous substances register is the central database. It lists all hazardous substances present or used in the company in accordance with Section 6 Paragraph 12 GefStoffV. Without a complete register, a GefStoffV-compliant risk assessment is not possible.

Mandatory information per substance is: product name, manufacturer, area of application, quantity used per year, storage quantity, GHS labelling with H and P phrases, CAS number and the current safety data sheet according to Annex II REACH.

Safety data sheets must be available in German and must not be older than three years, unless updated by the manufacturer took place. For substances subject to REACH authorisation, stricter updating requirements apply.

Carcinogenic, germ cell mutagenic and reproductively toxic substances (KMR substances according to TRGS 905) are marked separately in the register. For KMR substances in categories 1A and 1B, the substitution requirement with the obligation to justify the maintenance applies.

The update takes place after each new substance is introduced, but at least annually. Electronic management makes audit access by the trade inspectorate and professional association much easier.

CIVAC provides a template for the hazardous substances register, which is linked to the risk assessment. Updates automatically trigger a review task for the assignee.

The risk assessment is the core obligation. § 6 GefStoffV in conjunction with TRGS 400 requires a workplace and activity-related assessment before starting the activity, in the event of significant changes and every three years at the latest.

TRGS 400 prescribes seven steps: information gathering, determination of the protective measures strategy, assessment of inhalative, dermal and physico-chemical hazards, determination of protective measures, effectiveness control, documentation, updating.

The assessment is carried out according to the STOP principle: Substitution before technical before organisational before personal measures. A PPE measure alone is inadequate if higher-level measures are possible and must be justified.

Inhalation hazards are assessed against the occupational limit values ​​of TRGS 900. If there are no AGW, the column model according to TRGS 402 with activity classes and quantity classes is used.

The documentation contains substance, activity, duration and level of exposure, protective measures, residual risk, person responsible and date of the next inspection. A general reference to the safety data sheet is not enough.

Audit-proof, documented, § 6-GefStoffV-proof.

§ 14 GefStoffV requires written operating instructions in a form and language that employees can understand for every activity involving hazardous substances. TRGS 555 specifies the structure and contents.

Mandatory contents are: work area, name of hazardous substances, dangers to people and the environment, protective measures and rules of conduct, behaviour in the event of danger, first aid, proper disposal. The instruction must be updated every time there is a change in activity.

Based on the operating instructions, the instruction is given verbally, workplace-related, before starting the activity and at least once a year. For activities involving KMR substances or high risks, occupational medicine and toxicology advice is mandatory.

The instruction must be given in a language that the employees can understand. For employees who speak a foreign language, a translation or an interpreter is necessary. A translation into several languages ​​can be relevant to the audit.

Documentation requirement: date, content, participant with signature, person instructing. The retention period is ten years, for KMR substances 40 years after the end of exposure in accordance with Section 14 Paragraph 3 GefStoffV.

CIVAC provides 490 audit templates, including sample texts for operating instructions and instruction protocols. The reminder function is triggered in good time before the end of the one-year period.

The substitution test has been significantly tightened since the 2024 amendment. Section 6 paragraph 1 number 4 GefStoffV requires a documented test to determine whether a hazardous substance can be replaced by a substance or a process with a lower risk.

The test is mandatory for every new activity, for significant changes and for the three-yearly update of the risk assessment. For KMR substances in categories 1A and 1B, there is a stricter obligation with a burden of justification.

The assessment includes technical feasibility, economic proportionality, availability on the market and effects on product quality and the environment. A simple reference to “not available” is not enough.

The tested alternatives, test date, basis for decision, person responsible and resubmission date are documented. For KMR substances, TRGS 600 recommends an annual update.

Frequent examples of substitution from practice: solvent-containing with water-based cleaning agents, asbestos-containing with synthetic mineral fibers, lead-containing solders with SAC alloys, persistent PFAS with fluorine-free surfactants.

Those who carry out the substitution test using the CIVAC-GSB-Rolle documents, stores reasons and market research in an audit-proof manner. The auditor calls, the evidence is ready.

The storage of hazardous substances follows TRGS 510. It regulates quantity thresholds, bans on joint storage according to LGK classes, ventilation, collecting trays, fire protection compartments and safety cabinets according to DIN EN 14470-1.

Essential thresholds: 200 kilograms of flammable liquids with the hazard characteristics H224/H225 trigger further requirements if they are exceeded. KMR substances weighing 1 kilogram or more require locked storage with restricted access.

Emergency planning results from Section 13 GefStoffV. It includes alarming, evacuation, firefighting with suitable extinguishing agents, binding of pollutants with binding agents, first aid measures and information to the fire brigade about material properties.

First aid according to § 9 ASR A4.3: Eye showers when working with corrosive substances, emergency showers when there is a risk of large-scale skin contact, first aid material against the specific substance hazards, regular functional tests with a protocol.

The interfaces to Fire protection officers and occupational safety specialists must be clarified. Anyone who manages both roles via the workspace prevents gaps between hazardous substances, fire protection and ArbSchG obligations.

Licence the workspace for your internal representatives or have our representatives appoint them.

The hazardous substances officer reports directly to management. § 13 paragraph 2 ArbSchG requires a written transfer of duties with a clearly defined scope of tasks, authorities and resources.

Mandatory interfaces exist with the occupational safety specialist (§ 6 ASiG), the company doctor (§ 3 ASiG), the fire protection officer, the environmental officer (for wastewater and waste issues) and the works council within the framework of the right of co-determination according to § 87 BetrVG.

Regular Dates are: quarterly meeting with management and safety specialists, annual ASA meeting in accordance with Section 11 ASiG, inspections with professional associations and trade inspectorates, event-related escalation in the event of near accidents or metabolic accidents.

Escalation in the event of acute danger: The representative can inform the employer of violations in writing. If the information has no consequences, you can report it to the responsible professional association or trade supervisory authority. There is an obligation to report accidents involving carcinogenic substances in accordance with Section 19 GefStoffV.

The reporting line is documented in the workspace. Meeting minutes, action tracking, escalation decisions and management responses are stored in version form.

The SiFa module and the hazardous substances module access the same database on workplaces and hazards.

Violations of the GefStoffV are punished as an administrative offense with fines of up to 50,000 euros according to Section 26 GefStoffV. Several violations are cumulated, separate acts lead to multiple sanctions.

In particularly serious cases, such as intentional risk of personal injury, Section 27 ChemG applies with a prison sentence of up to five years or a fine. In the case of negligent causation, a prison sentence of up to three years. These offenses are directed against natural persons, typically management or agents.

Under civil law, the employer is liable for personal injuries in accordance with Section 823 of the German Civil Code (BGB) and the rules of the professional association. D-O insurance usually covers gross negligence; intentional violations are excluded.

According to Section 130 OWiG, management is liable for breaches of supervisory duties. Anyone who does not appoint a hazardous substances representative and does not document a risk assessment risks a § 130 OWiG fine of up to 1 million euros according to § 30 OWiG (association fine).

In terms of insurance law, the representative's professional liability only applies if the appointment and scope of duties are documented in writing. An oral assignment is risky in terms of liability.

Others run compliance like a filing cabinet. We run it like software.

CIVAC is a compliance platform and officer-as-a-service with two models for the GSB role. Model one: You licence the workspace for your internal hazardous materials officer and use the 490 audit templates, the preconfigured hazardous materials register and the TRGS-400 workflows.

Model two: Licence the workspace for your internal officers or have our officers do the ordering. In the second case, an external CIVAC-GSB takes over the ordering, the inspections, the updating of the cadastre and the reporting line to the management.

Both models use the same infrastructure: EU data residence, ISO/IEC 27001:2022 ISMS, documented reporting line, signed appointment certificate, revision-proof audit folder. The workspace automatically triggers updates and resubmissions.

Typical application scenarios: initial order after expanding the range of materials, takeover after a change of representative, catching up on missing risk assessments before BG inspection, multi-location rollout with a harmonised cadastre, or crisis mode after an incident with a report to the authorities.

Read more in CIVAC FAQ or arrange a 30-minute initial consultation. A senior GSB outlines the scope of duties, appointment certificate and schedule.

Turn reading into an assignment. Write to info@civac.de or use the contact form on civac.de.