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Autonomous legislation issued by the accident insurance institutions

 

What are accident-prevention regulations?

Accident-prevention regulations (referred to as "Unfallverhütungsvorschrift" in German and abbreviated to "UVV") are occupational safety and health regulations which the accident insurance institutions enact in the form of "autonomous bylaws". Section 15 of the Seventh Volume of Germany's "Sozialgesetzbuch" (Code of Social Law, SGB VII) grants them the powers to do so. UVVs must be approved by the Federal Ministry of Economics and Labour or the highest federal-state authority with responsibility for such matters. The regulations prescribe binding technical, organisational and personal measures, aimed at securing the safety and health of employees at work, in the form of general protection objectives.
The "Durchführungsanweisungen" (implementing instructions) which have supplemented the UVVs in the past contain specific examples of how the protection objectives can be fulfilled. They also explain the regulations and indicate the technical rules to be applied.



The accident insurance institutions are currently preparing and, in some cases, conducting a reform of the rules and regulations to bring the UVVs into line with national legislative developments and to make them easier to use and more effective. In the segment covered by the industrial "Berufsgenossenschafts" (institutions for statutory accident insurance and prevention), the reform is already being implemented. In addition to new titles ("BG-Vorschriften" (BGV)/Berufsgenossenschaft Regulations, "ergänzende BG-Regeln" (BGR)/Supplementary Berufsgenossenschaft Rules and "BG-Informationen" (BGI)/Berufsgenossenschaft Information Sheets) and a new numbering system, the entire body of rules and regulations is being given a new, user-friendly structure.



The implementing instructions will not be required for new or completely revised Berufsgenossenschaft regulations. In future, the BGVs will be explained by "BG-Regeln für Sicherheit und Gesundheit bei der Arbeit" (Berufsgenossenschaft Rules for Safety and Health at Work, BGR) and backed up by descriptions of possible solutions.




What are the accident insurance institutions?

The term "accident insurance institution" refers to

For further information on accident insurance institutions, please consult the Seventh Volume of the "Sozialgesetzbuch" (Code of Social Law, SGB VII  , in particular Sections 114 ff.


Information on the German OSH system can be found here.



How are accident-prevention regulations prepared?

The accident-prevention regulations issued by the industrial "Berufsgenossenschafts" (institutions for statutory accident insurance and prevention) are prepared by the Berufsgenossenschafts' "Fachausschuss" committees; those issued by the accident insurance institutions for the public sector are drawn up by their "Fachgruppe" groups. Both the "Fachausschuss" and the "Fachgruppe" bodies are composed of OSH experts from the accident insurance institutions concerned, representatives appointed by the Federal Ministry of Economics and Labour and, where appropriate, specialists in particular fields.

Certain questions call for the "Fachausschuss" or "Fachgruppe" to be expanded to take in representatives of the social partners and of the manufacturers and operators of the equipment used in the field in question. The "Fachausschuss" and "Fachgruppe" bodies are based in those sections of the umbrella organisations which are responsible for safety and health, i.e.:

The "Fachausschuss" and "Fachgruppe" bodies draw up model drafts, which are presented to the Federal Ministry of Economics and Labour for approval. The Ministry examines the drafts and consults the federal states on them. Once agreement has been reached between the Ministry and the federal states, the former issues a "preliminary notice of approval", which the umbrella associations pass on to the accident insurance institutions. The meetings of the latter's representatives adopt the accident-prevention regulations they require and submit them to the Ministry for final approval. Once they have been approved by the Ministry, they have to be publicly announced so that the enterprises and persons insured in the area covered by the accident insurance institution in question are obliged to implement and comply with them.



Current accident-prevention regulations

The current model accident-prevention regulations are available from the umbrella associations. Their contact details are as follows:

The regulations (BGVs) issued by the industrial Berufsgenossenschafts can be obtained on CD-ROM from the "Hauptverband der gewerblichen Berufsgenossenschaften".
Enterprises may also contact the Berufsgenossenschaft responsible for their industry in order to enquire as to which BGVs are relevant in their specific case.  

A list  of the model accident-prevention regulations currently in force can also be found in the annual "Bericht der Bundesregierung über den Stand von Sicherheit und Gesundheit bei der Arbeit" (German Federal Government's Report on the Current Level of Safety and Health at Work).



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