Hazardous Substances Competent Person
Hazardous-substance risk assessment, substitution checks, exposure determination and protective-measure design, hazardous-substance register. A qualified competent person under GefStoffV § 2, distinct from the appointed Gefahrstoffbeauftragter; assessments follow TRGS 400/410.
GefStoffV § 2 (Fachkunde) · TRGS 400/410
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What is a Hazardous Substances Competent Person?
A Hazardous Substances Competent Person (fachkundige Person) is the qualified individual who prepares and underpins the hazardous-substance risk assessment in a business under the German Ordinance on Hazardous Substances (GefStoffV). The requirement for Fachkunde is anchored in GefStoffV Section 2, and the actual assessment work follows the technical rules TRGS 400 (risk assessment for activities involving hazardous substances) and TRGS 410 (the hazardous-substance register).
It is important to distinguish this role from an appointed Gefahrstoffbeauftragter. The GefStoffV does not mandate a named officer in the way some other regimes do; instead it requires that the risk assessment be carried out by, or with the involvement of, a person with the necessary Fachkunde. A business may organise this as an internal competent person or draw on external expertise, but the substance of the duty is the same: someone with demonstrable expertise must drive the assessment.
The competent person identifies the hazardous substances present and the activities involving them, evaluates the resulting hazards, and applies the protection hierarchy. A central element is the substitution check: before relying on protective measures, the assessment must examine whether a less hazardous substance or process can replace the dangerous one. Where substitution is not reasonable, the competent person designs and prioritises technical, organisational and personal protective measures, and determines exposure where needed.
The output is concrete and durable: a documented risk assessment, a hazardous-substance register kept in line with TRGS 410, and a defined set of protective measures with the rationale for each. This documentation is what an authority or accident-insurance institution examines, and it is what protects employees in practice. The competent person also keeps the assessment current as substances, quantities or processes change.
Duties of the Hazardous Substances Competent Person
- Prepare the hazardous-substance risk assessment under GefStoffV Section 2 following TRGS 400.
- Identify hazardous substances and the activities involving them across the workplace.
- Carry out the substitution check and document why a substance or process is or is not replaced.
- Determine exposure where required and compare against occupational exposure limits.
- Design and prioritise technical, organisational and personal protective measures.
- Maintain the hazardous-substance register in line with TRGS 410.
- Define operating instructions and the basis for employee instruction on hazardous substances.
- Review and update the risk assessment when substances, quantities or processes change.
- Document the assessment and measures so they are demonstrable to the authority and the accident insurer.
- Advise the employer on the protection hierarchy and on residual-risk acceptance.
Appointment and qualification
Responsibility for the hazardous-substance risk assessment rests with the employer. The GefStoffV does not require a separately named officer in the manner of some other appointment regimes; what it requires under Section 2 is that the assessment be carried out by a person with the necessary Fachkunde, or with that person's involvement where the employer lacks it. This is why the role is described as a competent person rather than an appointed Beauftragter.
Fachkunde is a functional standard: it combines relevant training or professional background, practical experience with the substances and activities in question, and current knowledge of the GefStoffV and the relevant TRGS. The required depth scales with the hazard. A workplace handling only a few low-hazard substances needs less than one running complex chemical processes, where deeper expertise or external specialist support is appropriate.
The duty arises as soon as activities involving hazardous substances take place, and the assessment must exist before those activities begin. The employer either ensures an internal person holds the Fachkunde or engages external expertise, and documents who carried it. The assessment is then kept current: it is reviewed when substances, quantities or processes change, and at appropriate intervals otherwise, so that the register and protective measures continue to reflect reality.
- Starting any activity involving hazardous substances.
- Introduction of a new hazardous substance or process.
- Change in quantity, exposure conditions or way of working.
- New classification or safety data sheet information for a substance in use.
- Findings from incidents, measurements or workplace inspections.
- Updated TRGS or exposure limits affecting the assessment.
Where the role is needed
- Chemical and pharmaceutical manufacturing
- Metal processing, surface treatment and electroplating
- Paint, coating and adhesive production and application
- Laboratories in research, industry and healthcare
- Cleaning, disinfection and facility services
- Plastics and rubber processing
- Construction trades handling hazardous building materials
- Waste management and recycling operations
- Printing and packaging with solvents and inks
How CIVAC supports the Hazardous Substances Competent Person role
CIVAC keeps the hazardous-substance risk assessment, the substitution rationale and the register in one structured place rather than in disconnected spreadsheets. The documentation pillar holds each assessment with its protective measures and the reasoning behind them, so the basis for every decision stays retrievable for an authority or accident insurer. The register can be maintained in line with TRGS 410 and linked to the relevant assessments. Tasks route the recurring review of the assessment, and re-checks triggered by a new substance or process, to the competent person, with reminders so updates are not missed. CIVAC also holds the competent person's Fachkunde evidence alongside, making it clear who carried responsibility for the assessment at any time.
Frequently asked questions
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