Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Safety and Health in Construction Convention, 1988 (No. 167) - Germany (Ratification: 1993)

The Committee notes the information provided by the Government in its reports. It requests the Government to supply additional information on the following points.

1.  Article 2(g) and (h).  The Committee requests the Government to supply copies of the relevant provisions of DIN-standards 4420 (Parts 1-4), 4421 and 4422 (Parts 1 and 2) which concern the definition of "scaffold". The Committee observes that section 1 of VBG 9a does not define the term "lifting appliance". It would be grateful if the Government would indicate how this term is defined in national law in conformity with the Convention.

2.  Article 5, paragraphs 1 and 2.  The Committee requests the Government to supply a copy of the relevant texts of DIN-standards, accident prevention regulations and other rules of accident insurance funds (for example data sheets), which have been cited in the Government’s report and which are relevant to the application of the Convention. The Committee further requests the Government to indicate the relevant standards adopted by recognized international organizations in the field of standardization it has considered in giving effect to Article 4 of the Convention.

3.  Article 9.  The Committee notes the Government’s reference to the Länder construction ordinances and the indication that in 1995 a draft ordinance to implement EC Directive 92/57/EEC on construction sites was being prepared. The Committee requests the Government to send, as examples, copies of the Länder construction ordinances, as well as the Ordinance to implement EC Directive 92/57/EEC, if it has been adopted, in order to assess whether persons concerned with the design and planning of a construction project are bound to take into account the safety and health of construction workers. The Committee also requests the Government for clarification on whether VOB Part B is relevant in this context.

4.  Article 12, paragraph 2.  The Committee requests the Government to provide more specific information on the exceptional conditions which allow the employer to require workers to take up work again in case the danger persists, as foreseen in section 9(3) of the Occupational and Safety Act.

5.  Article 13, paragraph 3.  The Committee would be grateful if the Government would provide a copy of the specific provisions of the Länder construction ordinances or other regulations ensuring appropriate measures against possible dangers arising from construction sites to protect persons present at or near such sites.

6.  Article 14, paragraphs 1, 2 and 4.  The Committee would be grateful if the Government would indicate the specific provisions of the Länder construction ordinances and to provide copies of the relevant texts in addition to copies of DIN-standards 4420 (Parts 1, 2 and 3) and 4421. The Committee requests the Government to indicate the specific provisions stipulating that suitable and sound ladders are provided in the absence of alternative safe means of access to elevated working places. The Committee further asks the Government to provide copies of the texts of these provisions, including a copy of DIN EN131, Parts 1 and 2. The Committee requests the Government to indicate and provide copies of the provisions prescribing the cases in which, and the times at which, scaffolds must be inspected.

7.  Article 15, paragraphs 1(e) and 2.  The Committee would be grateful if the Government would indicate the measures adopted to provide for appropriate training for workers who operate lifting appliances and gear. Please also indicate the measures taken or envisaged to prohibit the use of lifting appliances for raising, lowering and carrying of persons unless the appliances are constructed for that specific purpose.

8.  Article 16, paragraphs 1, 2(a) and (b).  The Committee would be grateful if the Government would provide copies of the relevant provisions of VBG 40. The Committee requests the Government to indicate how safe and suitable access ways and appropriate organization and control of traffic on construction sites are guaranteed in line with the requirements of the Convention.

9.  Article 17, paragraphs 1(a) and (d), and 3.  The Committee requests the Government to provide copies of the texts of the provisions which ensure compliance with the requirements of the Convention concerning design, construction, maintenance and use of plant, machinery, equipment and hand tools as well as concerning the appropriate training of workers operating plant, machinery, equipment and hand tools. Please supply copies of the texts of the specific provisions on the Compressed Air Ordinance and the Pressurized Container Ordinance which ensure that pressure plant and equipment shall be examined and tested by a competent person according to the requirements of the Convention.

10.  Article 18, paragraph 1.  Please provide a copy of the provisions prescribing an order of priority in which prevention measures must be taken. Please provide information on how prevention in line with the Convention is ensured for workplaces which are excluded from the scope of section 12(1) of VBG37. In this context, the Committee would be grateful if the Government would provide a copy of the provisions governing prevention measures against falling in workplaces and traffic ways on roofs in case of a fall height of above three metres.

11.  Article 20, paragraphs 1(a) and (b), and 3.  The Committee requests the Government to provide a copy of the provisions in force that ensure the quality of the construction of cofferdams and caissons and that workers reach safety in the event of an inrush of water or material. Please also provide a copy of the provisions regulating the inspection of cofferdams and caissons in line with the Convention.

12.  Article 24(a) and (b).  The Committee would be grateful if the Government would supply a copy of the relevant provisions of the Model Construction Ordinance and DIN-standards 1045.

13.  Article 26, paragraphs 1 and 2.  The Committee requests the Government to provide more specific information on the provisions guarding against danger from electrical equipment, as required by the Convention, and to supply copies of the relevant technical rules and supplementary standards, such as DIN VDE 0 100 Part 704.

14.  Article 27(a) and (b).  The Committee would be grateful if the Government would provide a copy of VBG 46.

15.  Article 30, paragraph 3.  The Committee requests the Government to provide more specific information on the measures established by the competent authority for personal protective equipment and protective clothing and to supply copies of the relevant regulations of the eighth GSGV.

16.  Article 31.  The Committee would be grateful if the Government would supply copies of the relevant provisions of VBG 109.

17.  Article 32, paragraph 3.  The Government is requested to indicate how separate sanitary and washing facilities for men and women workers are ensured.