Who Needs a Hazardous Substances Officer in Their Company?

Section 6 GefStoffV obliges every employer who permits or orders activities involving hazardous substances to ensure a risk assessment by competent persons. The GefStoffV does not prescribe a mandatory role under the exact title of hazardous substances officer, yet in operational practice the function is indispensable as soon as dangerous substances play a role in the working environment. Where expertise is absent, an administrative offence under Section 25 GefStoffV arises; where employees sustain physical harm, further consequences under occupational criminal law may follow.

This article answers three key questions: who is obliged under current law to maintain expertise in the area of hazardous substances? Which sectors bear special obligations due to sector-specific law or elevated exposure risk? And how does a company establish the function in a legally sound manner — internally through an appointment or externally through a specialised compliance service?

The Hazardous Substances Ordinance (GefStoffV) in its 2010 version, as amended several times since, is the central regulatory framework for handling dangerous substances in the workplace. It transposes Framework Directive 89/391/EEC and Agents Directive 98/24/EC into German law and refers to CLP Regulation (EC) No. 1272/2008 for the classification of substances and mixtures. Every hazard must be indicated with an H-phrase (Hazard Statement) before the substance is transported or used in the workplace.

The core obligation in Section 6(1) GefStoffV reads: before commencing any activity involving hazardous substances, the employer must carry out a risk assessment. This assessment requires expertise, which must reside either with the employer, with a person designated by the employer, or with an external expert. The GefStoffV does not conclusively define the concept of expertise; in practice, TRGS 400 is the reference, as it describes the structured procedure for risk assessment.

Additionally relevant are TRGS 402 (exposure determination), TRGS 510 (storage of hazardous substances) and further substance-specific TRGS (e.g. TRGS 900 for occupational exposure limits). These technical rules are regarded as anticipated expert opinions: compliance generally satisfies the GefStoffV requirements; any deviation requires proof of equivalent protection achieved by another means. The professional associations and the state trade inspectorates verify compliance with these technical rules during company inspections. Learn more about the function and possibilities of a hazardous substances officer at CIVAC.

The GefStoffV applies to every employer who carries out or permits activities involving hazardous substances. Hazardous substances within the meaning of the GefStoffV are all substances, mixtures and articles classified on the basis of their dangerous properties, or for which occupational exposure limits (OELs) under TRGS 900 or biological limit values (BGW) under TRGS 903 exist.

In practice, the level of concern can be assessed using three criteria. First criterion: are substances or mixtures bearing an H-phrase under the CLP Regulation (Hazard Statement) used in the company? This applies to most cleaning agents, paints, solvents, fuels and many industrial auxiliaries. Second criterion: do hazardous substances arise from release during work processes — for example welding fumes under TRGS 528, wood dust under TRGS 553 or quartz dust under TRGS 559? Third criterion: are substances stored for which special requirements under TRGS 510 or the Technical Rule for Workplaces ASR A2.1 apply?

Any company that must answer one of the three criteria in the affirmative is subject to the GefStoffV and requires competent persons for risk assessment and protective measures. There is no minimum employee count and no minimum turnover. Even a micro-enterprise with three employees using solvent-based paints is fully subject to the requirements. A company that exclusively uses substances without H-phrases and generates no hazardous substances through its work processes is not affected. Companies should therefore regularly verify, on the basis of current safety data sheets, whether the classification of the substances they use has changed.

Certain sectors are subject to a particularly high mandatory depth due to greater exposure probabilities or supplementary sector-specific regulations. In the chemical and pharmaceutical industries, DGUV Rule 113-001 (handling hazardous substances) applies in addition to the GefStoffV, imposing organisational requirements beyond the minimum standards. Here, a specifically designated company specialist for hazardous substances is generally unavoidable.

In the construction industry, quartz dust (TRGS 559), asbestos in demolition and refurbishment work (TRGS 519) and isocyanates (TRGS 430) are of particular relevance. Section 16 GefStoffV establishes extended recording and transmission obligations for carcinogenic substances; for asbestos activities in categories I and II, official notification under Section 17 GefStoffV is required before work commences. The state trade inspectorate may issue a fine notice immediately without prior notification.

In the healthcare sector, disinfectants, cytostatics and fumigants with special TRGS requirements are additionally involved. Under TRGS 525, hospitals and medical practices with their own pharmacies require a hazardous substance register and operating instructions for each substance used. In the metals sector, cooling lubricants (TRGS 611) and welding fumes (TRGS 528) play the most significant role. The classification of welding fumes as carcinogenic (category 1B) since 2020 has triggered a significant need for action for many metalworking companies, not yet fully addressed by all. There is an acute need to catch up.

For small businesses without in-house hazardous substance expertise, the Federal Institute for Occupational Safety and Health (BAuA) recommends using the EMPAS database and the GESTIS substance database to look up occupational exposure limits and classifications quickly. These publicly accessible tools do not replace expertise but significantly support basic investigations.

The risk assessment for hazardous substances follows a structured procedure that TRGS 400 describes in six steps. In the first step, all hazardous substances present in the company are recorded and documented in the hazardous substance register under Section 6(12) GefStoffV. The register contains at minimum: trade name, CLP classification, safety data sheet date and area of use.

In the second step, the hazardous properties are determined on the basis of the safety data sheets that the supplier is obliged to provide under Article 31 of the REACH Regulation (EC) No. 1907/2006. In the third step, the exposure situation is assessed: what is the concentration of the substance in the air breathed, on the skin or at the eyes? The benchmark is the OELs of TRGS 900 and the biological limit values of TRGS 903.

In the fourth step, protective measures are defined following the STOP principle (substitution, technical measures, organisational measures, personal protective equipment). In the fifth step, the effectiveness of the measures is verified; in the sixth step, the results are documented and operating instructions are drawn up under Section 14 GefStoffV. Operating instructions must be issued before work commences and refreshed annually through training. Documentation of these steps must be stored in an audit-proof manner and presented immediately to the trade inspectorate during company audits. Missing or incomplete records constitute an independent administrative offence under Section 25 GefStoffV.

The documentation of the risk assessment must be structured so that a new employee or an external auditor can fully understand it without verbal explanation. The key word is: verifiability. Anyone unable to make the assessment comprehensible has, in the legal sense, not carried it out.

The GefStoffV does not specify standardised training for hazardous substances officers. However, the professional associations and the Association of German Safety Engineers (VDSI) have developed a qualification framework that has established itself as a minimum standard in practice. The hazardous substances officer should demonstrate the following competencies: knowledge of chemicals law (GefStoffV, REACH, CLP, GHS); knowledge of the relevant TRGS; ability to conduct risk assessments under TRGS 400; and knowledge of the safety data sheet framework under Regulation (EC) No. 1907/2006.

Recognised qualification formats include seminars from DGUV educational institutions, courses from professional associations (e.g. BG RCI for the chemical industry), courses from the Esslingen Technical Academy, and distance learning courses from accredited providers. There is no officially prescribed examination for the hazardous substances officer equivalent to that for the dangerous goods officer (Section 4 GbV); the appointment decision rests with the employer. Nevertheless, documented proof of qualifications is strongly recommended as protection during company inspections and in the event of liability claims.

It is important that expertise is kept current. Changes to CLP classifications, new TRGS and revised OELs require regular further training. In the CIVAC workspace, training records, further training units and due dates for the hazardous substances officer can be seamlessly documented and accessed within minutes when needed. The auditor calls, the evidence is ready.

Persons working as external hazardous substances officers must also demonstrate their expertise for new sectors and substances. A qualification focused exclusively on paints and solvents is insufficient for deployment in chemical production or the healthcare sector, where considerably more complex mixtures with specific TRGS requirements are involved.

A company may fill the hazardous substances officer role internally by designating a qualified employee, or externally by commissioning a service provider. Both approaches have specific advantages and disadvantages depending on company size, hazardous substance intensity and internal resources.

The internal solution offers operational proximity and short response times. The employee knows the processes, the substances used and the local conditions. The disadvantages are the resource expenditure for qualification and further training, and the risk that the role may be temporarily vacant due to staff changes or illness. The appointment must be made in writing, clearly related to the areas and tasks concerned, and communicated within the company. An informal verbal agreement is insufficient.

The external solution is particularly suitable for companies with up to 200 employees or seasonal exposure to hazardous substances. An external hazardous substances officer brings cross-sector experience, is independent and can act as an interface with the trade inspectorate. The key requirement is that the mandate is established through a written order document that clearly governs responsibilities and reporting lines. Licence the CIVAC workspace for your internal hazardous substances officer or appoint our representatives via the officer-as-a-service model — fully mapped as a compliance platform and officer-as-a-service.

Regardless of whether the role is filled internally or externally: the written order document must contain the name of the appointed person, the scope of application (areas, locations, substances), the reporting line (directly to management or site management) and the date of appointment. Without a reporting line, the appointment is effectively powerless, as the representative has no enforcement authority.

Two documents form the documentary minimum of operational hazardous substance management: the hazardous substance register under Section 6(12) GefStoffV and the operating instructions under Section 14 GefStoffV. Both must be in place before the relevant activity commences and must be updated whenever the activity or the substance used changes.

The hazardous substance register records all hazardous substances used in the company with at minimum the following information: name of the substance or mixture; CLP classification (hazard class, hazard category, H-phrases); work area and intended use; and quantity and storage location. It must be accessible to employees at all times. The trade inspectorate regularly requests the register as the first inspection point during company visits.

Operating instructions under Section 14 GefStoffV must be drawn up for the workplace and must contain: name and properties of the substance; hazards to persons and the environment; protective measures and rules of conduct; measures in the event of malfunctions and accidents; and first aid and disposal instructions. Training based on the operating instructions must take place at least annually; written evidence must be kept. For the preparation and maintenance of these documents, CIVAC's external hazardous substances officer provides structured templates and workflows in the workspace.

Companies operating multiple locations generally require a separate hazardous substance register and separate operating instructions for each location, as working conditions are location-specific. A centralised list is only adequate where identical substances are used under identical conditions at all locations — which is rarely the case in practice.

Violations of the GefStoffV are prosecuted as administrative offences under Section 25 GefStoffV. The fine limit extends to €50,000 for intentional violations. Fines may also arise under Section 25 ChemG where safety data sheets are not passed on or classification obligations are breached. In the case of serious violations leading to employees sustaining health damage, criminal prosecution under Section 229 StGB (negligent bodily harm) or Section 26 ChemG may be considered.

The personal liability of management under Section 130 OWiG applies whenever an organisational obligation has been breached — i.e. where the company has failed to designate a competent person, conduct a risk assessment or prepare operating instructions. This liability is independent of whether actual harm has occurred; the defective organisation alone constitutes the administrative offence. Trade inspectors have the right to immediate access to the risk assessment and may order a cessation of production where these documents are absent.

The area of carcinogenic substances is of particular relevance to liability. Under Section 16 GefStoffV, activities involving carcinogenic substances in categories 1A and 1B must be notified to the competent authority; the obligation to maintain records of exposed employees under Section 14(3) GefStoffV runs for 40 years. Where these records are absent, claims for damages arising from occupational diseases become virtually impossible to defend.

For cross-border activities, REACH Regulation (EC) No. 1907/2006 additionally applies, obliging manufacturers and importers to register and report. Companies importing substances or mixtures into the EU must be treated as manufacturers within the meaning of the REACH Regulation and bear the full documentation obligation.

A functioning hazardous substance management system consists of four elements: a complete hazardous substance inventory, a documented risk assessment under TRGS 400, current operating instructions and evidenced training. These four elements need not exist in isolated folders; they can be mapped in a uniform compliance workspace that makes every step comprehensible and is immediately accessible to auditors.

CIVAC provides all the necessary tools in the workspace: task templates for the annual hazardous substance inventory; audit templates for the TRGS 400 assessment; a training module with evidence of instruction and due dates; and a documentation module that aggregates all results for export. The Questions module contains an AI assistant with a confidence rating and cited sources for rapid answers on new substances or revised limit values. With 37 ready-to-use audit templates, you can start without a lengthy ramp-up period.

Whether you fill the function internally or commission it externally: order document, signed, filed, verifiable — this is the minimum standard of every legally effective appointment. With CIVAC you reach this level in two working days rather than two to six weeks. Licence the workspace for your internal representatives or appoint our representatives via the officer-as-a-service model. Turn reading into action: info@civac.de.

The CIVAC compliance platform and the officer-as-a-service model offer two paths: licence the workspace for your internal representatives, or appoint our representatives who will assume the mandate within two working days with an order document, signed, filed and verifiable.