Procedure descriptions

Display activities with asbestos in the low or medium risk area on a company-specific basis

If you wish to carry out activities involving asbestos, you must notify the competent authority.

Activities in which asbestos fibres are released or may be released must be notified on a company-specific basis in the low or medium risk area. In the case of changing workplaces, an object-related notification is required for activities in the high-risk area.

Responsible department

In most cases, the competent authority is

  • the district administration if the workplace is located in a district,
  • the city administration if the workplace with the plant is located in a city district.

A different responsibility applies in the following cases (e.g. for companies that are subject to the European Industrial Emissions Directive, the Hazardous Incident Ordinance or mining law):

The Departments 5 - Environment of the respective locally responsible regional councils for company premises on which:

  • at least one installation that is labelled with the letter E in column d of Annex 1 of the Ordinance on Installations Subject to Licensing,
  • at least one operating area in accordance with Section 3 (5a) of the Federal Immission Control Act (BImSchG) (hazardous incident operation),
  • at least one installation that requires a licence pursuant to Section 60 (3) sentence 1 no. 2 or no. 3 of the Federal Water Act (WHG) or
  • at least one landfill in accordance with Article 10 in conjunction with Annex I of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), as amended

exists or is to be established.

Department 9 - State Office for Geology, Raw Materials and Mining of the Freiburg Regional Council is also the state-wide competent authority for:

  • Operational sites, including the facilities and activities located thereon, which are subject to mining supervision,
  • Operating sites with cable cars and funicular railways used for passenger transport,
  • Operating sites with high-pressure gas pipelines which, as energy installations within the meaning of the Energy Industry Act, serve to supply gas and which are designed for a maximum permissible operating pressure of more than 16 bar,
  • Underground waste disposal facilities and
  • Operating sites with installations that serve the construction, significant expansion and significant modification of underground cavities.

Please ensure that you submit the application to the competent authority.

Details

Prerequisite

The employer may only allow activities involving asbestos to be carried out if the company has the necessary safety, organisational and personnel equipment. The employer must give priority to work procedures and take technical protective measures to prevent or minimise the release of asbestos fibres. The employer must define and implement risk-related protective measures in accordance with Annex I Number 3.3 of the Hazardous Substances Ordinance (e.g. dust-tight separation of the work area, material sluice), taking into account the rules published in accordance with Section 20 (4) (e.g. TRGS 219). The employer must take measures to prevent any risk to other persons.

Companies require authorisation from the competent authority if activities in the high-risk area are to be carried out. The employer must apply for authorisation in writing or electronically in accordance with Annex I Number 3.4.

 

For activities involving asbestos, the employer must ensure that

  1. the identification and assessment of the hazards, the determination of the necessary protective measures and the implementation of the instructions are carried out by a person who has expertise in accordance with Annex I Number 3.7 of the Hazardous Substances Ordinance; if the employer does not have the necessary expertise himself, he must appoint a competent responsible person in the company to fulfil these tasks,
  2. the activities are supervised by a person authorised to issue instructions who is qualified in accordance with Annex I Number 3.7 of the Hazardous Substances Ordinance; this supervising person must be present on site at all times while the activities are being carried out,
  3. the activities are only carried out by employees who are qualified in accordance with Annex I Number 3.6 of the Hazardous Substances Ordinance.

The requirements for expertise in accordance with sentence 1 numbers 1 and 2 depend on the tasks to be performed in the company and the risk area of the activities to be carried out. When using recognised low-emission processes, the required qualification of the supervising person can be acquired by participating in a specific practical training measure in accordance with Annex I number 3.6 paragraph 2 of the Hazardous Substances Ordinance.

 

Procedure

After you have made the notification, the competent authority will check the notification and, if necessary, request additional documents. The report is usually not confirmed.

Deadlines

The notification for activities involving asbestos must be submitted at least one week before the start of the activities. In justified cases, the competent authority may waive the deadline. The notification must be made again before a change in the working conditions that may lead to a significant increase in the exposure of employees. The company-related notification must be made again after six years at the latest.

Required documents

The following information is required for the notification:

  • Details of the applicant and the premises,
  • The type and quantity of asbestos-containing materials handled
  • the activity carried out and the working methods used,
  • Indication of the risk area including the type of exposure assessment,
  • Number of competent employees,
  • Measures to limit the exposure of employees to asbestos,
  • Details of the responsible and supervising person (proof of qualifications),
  • Risk assessment including work plan in accordance with Annex I number 3.2.

In the case of changing workplaces, a supplementary notification is required for activities in the medium-risk area. The location of the workplace and the start and duration of the activities must be notified.

Costs

none

Processing time

None, because advert.

Miscellaneous

None

Legal basis

Verordnung zum Schutz vor Gefahrstoffen (Gefahrstoffverordnung – GefStoffV):

  • § 11a Anforderungen an Tätigkeiten mit Asbest

Anhang I (zu § 8 Absatz 8, § 11a Absatz 1 bis 6, § 12 Absatz 1 und 4, §1 5b Absatz 3, §15 cA bsatz 2 und 3, §1 5d Absatz 1,3,4,6 und 7,

§ 15f Satz, § 15g Absatz 2) Besondere Vorschriften für bestimmte Gefahrstoffe und Tätigkeiten):

  • Nummer 3.5 Anzeige

Release note

Machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 17.04.2025