Hazardous substances in the company: Obligations, cadastre and appointment certificate at a glance

The term hazardous substance is legally defined in Section 2 Paragraph 1 of the Hazardous Substances Ordinance (GefStoffV). It covers dangerous substances and mixtures in accordance with Regulation (EC) No. 1272/2008 (CLP Regulation), substances and mixtures whose properties may pose a risk to health or the environment, as well as substances and mixtures that acquire dangerous properties when used. According to the Federal Institute for Risk Assessment, over 100,000 substances are in industrial and commercial use in Germany. Hazardous substances also appear regularly in office operations: cleaning agents, printer toner, adhesives, batteries.

The obligations are regulated in the Hazardous Substances Ordinance, the Technical Rules for Hazardous Substances (TRGS) and the Occupational Safety and Health Act (ArbSchG). They include the risk assessment according to Section 6 GefStoffV, the list of hazardous substances according to Section 6 Paragraph 12 GefStoffV, operating instructions according to Section 14 GefStoffV, annual instructions and the appointment of a hazardous substances officer in companies with relevant exposure. Anyone who does not fulfil these obligations risks fines according to Section 26 GefStoffV of up to 50,000 euros, and in special cases a prison sentence according to Section 27 GefStoffV. The article organises the duties and shows how a compliance platform and officer-as-a-service like CIVAC transfers hazardous materials control from the filing cabinet into a living process.

The Hazardous Substances Ordinance defines the hazardous substance in Section 2 Paragraph 1 as a dangerous substance or dangerous mixture within the meaning of the CLP Regulation. The CLP Regulation recognises hazard classes for physical hazards (explosive, flammable, oxidizing), health hazards (acute toxicity, skin corrosion, sensitization, carcinogenicity, reproductive toxicity) and environmental hazards (aquatic hazard). The classification is carried out by the person placing the product on the market and can be seen on the label and in the safety data sheet.

In addition to the CLP classification, § 2 GefStoffV also covers substances that are not classified but can pose a danger due to their properties (e.g. inert gases with a risk of suffocation in closed rooms), as well as substances that take on dangerous properties when used (e.g. dust when grinding, fumes when welding, vapors when heated). This extension is often overlooked. A clean room filled with nitrogen is just as relevant in terms of hazardous substances law as a paint shop.

The Hazardous Substances Officer helps to correctly apply the definition to your own company. In practice, every hazardous substance control begins with an inventory: Which substances are used? Which ones arise from which activities? Which ones are stored or transported? This inventory is the basis of the list of hazardous substances and is updated at least annually. A gap in the directory is the most common initial complaint during inspections by the professional association or the trade inspection office. On average, the professional association complains about an incomplete list in every second first inspection, often with follow-up measures such as a notice of conditions or repeat inspection. Keeping the register clean not only reduces the risk of fines, but also significantly reduces the administrative effort of subsequent inspections. A correct input definition is therefore the central adjustment screw for all further steps. The definition is linked in the workspace to a substance list and an activity list so that process-related hazardous substances such as welding fumes are also recorded.

The risk assessment according to Section 6 GefStoffV is the basis for every further step. The employer determines whether hazardous substances occur during an activity, assesses the risk and determines the protective measures. The assessment must be carried out before starting work, documented in writing and updated at least every three years, as well as in the event of significant changes. The responsibility lies with the employer, the implementation can be delegated to qualified persons, usually to the hazardous substances officer or the occupational safety specialist.

According to Section 6 Para. 1 GefStoffV, the content of the assessment includes, among other things: dangerous properties of the substances, information from the safety data sheet, type and extent of exposure (inhalative, dermal, oral), amount and duration of use, technical and organisational conditions, workplace limit values, possibilities of substitution with less dangerous ones substances. According to Section 6 Paragraph 1 Sentence 3 GefStoffV, substitution has priority over other protective measures.

For substances with special properties (carcinogenic, germ cell mutagenic, reproductively toxic in categories 1A or 1B), stricter requirements apply according to Section 10 GefStoffV. For these substances, a substitution test is mandatory and must be justified in writing if no substitution takes place. According to Section 14 (3) GefStoffV, the lists of employees who handle such substances must be kept for at least forty years after the end of exposure. Anyone who has a gap here can no longer close it easily. Audit-proof, documented, § 6-proof applies particularly to the risk assessment. External assistance from a hazardous materials officer is particularly valuable in the initial phase because it practices the methodology and not just delivers the result. If you set up the assessment with a reusable template, you will significantly reduce the effort required for the three-year update.

The list of hazardous substances in accordance with Section 6 Paragraph 12 GefStoffV is mandatory for every company in which employees carry out activities with hazardous substances. For each substance it contains: name, classification or dangerous properties, quantity range, in which work areas the substance is used. TRGS 400 specifies the requirements and gives example structures. In practice, a good directory contains additional fields: supplier, storage location, safety data sheet version, date of last inspection, responsibility.

The directory is not static. Every new order for a hazardous substance requires an update. Any substitution with another substance also applies. An annual inventory check with a comparison of the actual inventory against the directory is mandatory. Many companies fail here because they are up-to-date: The directory lists three suppliers, but purchasing procured five additional materials in the last six months. The safety data sheet for the new substance is in the buyer's inbox, not in the directory.

In the CIVAC workspace, the list of hazardous substances is linked to the purchasing process: A new order automatically triggers a task for the hazardous substances officer to enter the safety data sheet and complete the risk assessment. Anyone who does not complete the task within a defined period of time (typically ten working days) will receive an escalation to the occupational safety specialist. This link prevents the most common loophole: unannounced purchases that make the directory out of date. Quarterly coordination between purchasing and the hazardous substances officer supplements the digital link with the human plausibility check. Anyone who only relies on the system will overlook the materials that come into the company as samples or spare parts without a formal order. These substances are listed in a separate section of the register, with an entry notification at the goods receipt as a mandatory step.

TRGS 510 regulates the storage of hazardous substances in portable containers. It differentiates between storage classes (1 to 13) and specifies requirements for fire protection, floor conditions, ventilation, collecting trays, bans on joint storage and maximum storage quantities per storage section for each class. Storage class 3 (flammable liquids), for example, requires special precautions against fire and explosion, including electrostatic grounding and pressure relief.

A common practical error is storing incompatible materials together. Acids and alkalis must not be in the same collecting tray. Oxidizing agents and combustible materials must be kept separate. The common storage table of TRGS 510 is binding, deviations require a separate risk assessment as part of the risk assessment.

The storage of large quantities of flammable liquids above the quantity thresholds of the Major Accident Ordinance (12th BImSchV) triggers an obligation to report the matter to the state office, and if necessary, classification as a lower or upper class operating area with increased requirements for safety reports, emergency planning and cooperation with authorities. The accident officer becomes mandatory in these cases. The interface between hazardous substances and incident officers must be clearly separated in the appointment certificate, but operational cooperation must function on a daily basis. The appointment certificate, signed, filed, verifiable applies to both roles, including the interfaces to fire protection and environmental protection defined in writing. The bearing inspection is usually carried out annually, with an inspection log, photo evidence of critical findings and a list of measures with deadlines. Findings from the warehouse inspection are included in the reporting line to management. If you have not carried out a bearing inspection in the last twelve months, you should schedule it first. External monitoring of the first storage test ensures that the methodology is not lost between years. The storage classes are permanently stored in the workspace so that when a new order is placed, it is immediately visible whether the storage location is suitable.

§ 14 GefStoffV requires operating instructions for every hazardous substance or every activity involving hazardous substances. The operating instructions must be drawn up in German and in a form that employees can understand. According to TRGS 555, it contains at least: name of the substance or activity, dangers to people and the environment, protective measures and rules of conduct, behaviour in the event of danger, first aid, proper disposal. It must be clearly displayed at the workplace or kept digitally available.

Based on the operating instructions, the instruction is carried out in accordance with Section 14 Para. 2 GefStoffV, at least annually, in the case of new hires before starting work, and in the event of changes immediately. The instruction is documented in writing, with date, content, participants and signatures. A PowerPoint presentation without documented learning success monitoring is not enough for the supervision. For substances with an increased risk (carcinogenic, germ cell mutagenic, reproductively toxic), additional occupational health care in accordance with the Ordinance on Occupational Health Care (ArbMedVV) and, if necessary, mandatory examinations must be provided.

In practice, operating instructions often fail because they are up-to-date. A new safety data sheet triggers an obligation to update the operating instructions. Anyone who links this in the workspace has an automatic task to the hazardous substances officer. If you don't link it, you have operating instructions from 2019 for a substance whose classification was tightened in 2024. The auditor calls, the evidence is ready. The same applies here: the proof of instruction must be available in seconds, not in hours. Versioning the operating instructions with the date and author is particularly important in the audit because the supervisory authority checks whether the version of the instructions that was valid at the time of the activity was documented. Consistent versioning in the workspace solves this requirement without manual maintenance.

The TRGS 900 lists the workplace limit values ​​(AGW) in Germany. The AGW is the concentration of a substance in the air at the workplace at which no acute or chronic health impairments are to be expected. If the AGW is exceeded, the employer is obliged according to Section 7 GefStoffV to take technical, organisational and personal protective measures in this order. Substitution comes before encapsulation, encapsulation before ventilation, ventilation before personal protective equipment.

Compliance with the AGW must be checked by measurement if the possibility of exceeding it cannot be ruled out. The measurements are carried out in accordance with DIN EN 482 and must be commissioned by an accredited measuring centre. The results are documented, made known to the works council and the company doctor and archived in the risk assessment directory.

A minimization requirement applies to carcinogenic substances: exposure must be reduced as much as possible, even if the AGW is adhered to. For many carcinogenic substances there are no safe limit values, but rather acceptance and tolerance concentrations according to the risk concept of TRGS 910. company medical precautions become mandatory in these cases, with initial examination, follow-up examination and follow-up prevention after the end of the exposure. These forty years of storage must be reflected in the list of hazardous substances and in the personnel file. Measurement strategy and measurement frequency are defined in accordance with TRGS 402 and checked at least every three years. If conditions are stable, long-term measurement intervals can be used; if the process changes, new measurements must be taken immediately. The measurement protocols are linked to the risk assessment and presented in the audit as proof of effectiveness. Anyone who only carries out measurements sporadically does not have a reliable database for protective measures.

Personal protective equipment (PPE) is to be given secondary priority according to Section 9 GefStoffV, behind substitution, technical and organisational measures. Where necessary, the requirements of the PPE Use Ordinance (PSA-BV) and the DGUV rules apply. Respiratory protection is selected according to DGUV rule 112-190, with the correct filter class for the respective substance. A P3 particle filter does not protect against solvent vapors, and an A filter does not protect against acid vapors.

Skin protection follows a three-stage plan: skin protection before work, skin cleansing during and after work, skin care products for regeneration. The skin protection plan must be drawn up in accordance with TRGS 401, displayed at the washing area and included in the instruction. Protective gloves are selected based on breakthrough time and permeation class; the safety data sheet states the required material quality.

A common gap is the wearing time limit. Respiratory protective devices may only be worn for a limited time without interruption, full masks longer than half masks, protective suits with indoor climate exposure for shorter periods of time than without. The exact values ​​from DGUV Rules 112-190 must be reflected in the operating instructions and taken into account in the shift plan. PPE maintenance, repeat testing and filter replacement are managed with reminders in the workspace. An expired filter test leads to a minor deviation in the audit; a missing wearing time regulation can be a major deviation. PPE inventory and cleaning are carried out in a separate routine, with responsibility for the shift manager and a reminder function in the workspace. Anyone who shifts PPE care onto individual employees risks gaps when staff changes or vacation times. Cross-shift responsibility with documented substitution arrangements closes this gap. A PPE list with substance, activity, protection goal and suitable model with material number makes purchasing verifiable and the audit uncritical. This list is reviewed every six months and synchronized with the skin protection plan.

A hazardous substances officer is not mandatory in every company. The obligation arises from Section 7 ChemVerbotsV (expertise according to Section 5 ChemVerbotsV for the sale of certain substances), from Section 13 BetrSichV when using certain systems that require monitoring, from TRGS 410 for activities with particular risks and from the requirements of the Occupational Safety and Health Act for the appointment of qualified people. In practice, companies with a medium number of employees and with relevant use of hazardous substances appoint a hazardous substances officer, because without this role, the management's supervisory duty according to Section 130 OWiG is difficult to fulfil.

The appointment is made in writing with an appointment certificate that regulates tasks, authorities, representation and reporting channels. Others run compliance like a filing cabinet. We run it like software. The templates for appointment certificates are available in the CIVAC workspace, with links to training, audits and reports. In the Officer-as-a-Service model, the order can be placed by external representatives, usually within two working days instead of the industry-standard two to six weeks.

The interfaces are critical. The hazardous substances officer works closely with the occupational safety specialist, the company doctor, the fire protection officer and, if necessary, the incident officer. The interfaces must be clearly regulated in the appointment certificates, otherwise gaps will arise. Licence the workspace for your internal representatives, or have our representatives order it. The reporting line to the management takes place at least quarterly and includes the status of the risk assessments, open measures, incidents, measurement results and occupational health precautions. This frequency is sufficient to detect defects in a timely manner without burdening management with detail noise. Special events such as incidents, accidents or new substitutions are reported ad hoc, not in the quarterly report.

Hazardous substance control is a combination of many small but obligatory steps: inventory, risk assessment, directory, storage, operating instructions, instruction, measurement, PPE, precautions, ordering. Anyone who neglects one of these steps risks the legal consequences for all other steps at the same time. The supervisory authority does not check individual points, but rather the consistency of the system. A lack of instruction documentation for a substance that is in the directory makes the entire directory appear questionable.

CIVAC works as a compliance platform and officer-as-a-service. The platform maintains the list of hazardous substances, the risk assessment, the operating instructions, the proof of instruction and the occupational health preventive appointments in a shared workspace with an EU data residence. Licence the workspace for your internal representatives, or have our representatives order it. In the Officer-as-a-Service variant, the external hazardous materials officer takes over the appointment certificate, maintaining the directory, creating the operating instructions and the reporting line to the management.

Turn reading into a mandate. A short email to info@civac.de with industry, location and material portfolio is enough for the first appointment. If you prefer to use the contact form, you can find it linked via the FAQ page. What you don't get: a generic consulting package. What you get: concrete feedback on which gaps there are in your hazardous substances management, in which order they need to be closed and which templates are ready for immediate use. The appointment certificate, signed, filed, verifiable, within two working days. If you don't want to book the first appointment straight away, you can request a gap list in advance with which your own occupational safety specialist can begin the inventory themselves. Deadline expires when we become aware of it: If you know of an open gap, you shouldn't push it into the next quarter, but rather address it immediately.