Construction Sites Ordinance: Planning and Coordinating Occupational Safety and Health Measures

Building is a team effort. Communication, coordination, and cooperation are essential prerequisites for working well together and safely. The Construction Site Ordinance also obliges the building contractors to take into account occupational safety and health in the planning phase.

The Construction Sites Ordinance (Baustellenverordnung, BaustellV) imposes various obligations in order to improve the safety and health on construction sites, including notably:

  • The general principles set out in Section 4 of the Safety and Health at Work Act (Arbeitsschutzgesetz, ArbSchG) shall be taken into account when the execution of a construction project is being planned.
  • A "Prior Notice" shall be communicated to the competent authority in respect of more extensive (i.e., regarding the scheduled volume of work) construction projects.
  • A "Coordinator" shall be appointed and occupational safety and health (OSH) measures shall be coordinated in relation to any construction site on which workers of more than one employer operate simultaneously or successively.
  • A "File" is to be compiled containing the relevant safety and health information to be taken into account during any subsequent works on the built structure.
  • A "Safety and Health Plan" shall be drawn up for larger construction sites and/or construction sites where the work concerned involves particular risks, if workers of more than one employer operate on the construction site simultaneously or successively.
  • Additionally, as of 1 April 2023, a "Notification" requirement to the benefit of the employer was introduced under Section 2 (4) of the Construction Sites Ordinance. This applies to construction sites where each worker is employed by the same employer and, additionally, where a Prior Notice is required or where the work concerned involves particular risks. The Notification shall cover such conditions in the area of the construction site which would otherwise have to be included in a Safety and Health Plan.

A number of amendments to the Construction Sites Ordinance have entered into force as of 1 April 2023 (see the First Ordinance Amending the Construction Sites Ordinance), including notably:

  • A Notification requirement to benefit of the employer was introduced under Section 2 (4) of the Construction Sites Ordinance. This applies to construction sites where each worker is employed by the same employer and, additionally, where a Prior Notice is required or where the work concerned involves particular risks. The Client (or the Third Party acting on behalf of the Client under Section 4 of the Construction Sites Ordinance) shall ensure that the Notification is communicated to the employer. The purpose of the Notification requirement is to give the employer (who must perform the "Risk Assessment" under the Occupational Safety and Health Act) the necessary information regarding the conditions on the construction site - even when a formal Safety and Health Plan, which would otherwise include such information, is not required. This Notification includes, in particular, information on the hazards posed by the local circumstances at the construction site and hazards attributable to third parties, for example other industrial uses of the area of the construction site, public transport or neighbouring construction sites.
  • In Annex II (which lists the "works involving particular risks" that can trigger a Safety and Health Plan or a Notification), number 10 was amended and now refers to the assembly or dismantling of massive structural elements if, to this end, on account of their mass, certain work equipment is used. This applies to power-operated work equipment for lifting loads and to power-operated work equipment for moving loads otherwise.
  • The Committee for Workplaces (Ausschuss für Arbeitsstätten, ASTA) is assigned with the task of advising the Federal Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Soziales, BMAS) on all issues relating to OSH for workers on construction sites. Consequently, the basis for reviewing the technical rules concerning OSH on construction sites (Regeln zum Arbeitsschutz auf Baustellen, RAB) has been created.

Downloads

Ordinance concerning health and safety on building sites

(PDF, 26 KB, Not barrier-free file)

Download

Specialist Information and Practical Help