Applying for exemptions from the provisions of the Hazardous Substances Ordinance

If you wish to carry out work with hazardous substances that deviates from the provisions of the Hazardous Substances Ordinance, you must apply to the competent authority.

In order to obtain the exemption, you must be able to prove that the measure you have taken or the project corresponds to the protection objective of the Hazardous Substances Ordinance. For example, you can apply for an exemption for

Deviation from storage regulations
Permanent wearing of personal protective equipment (PPE)
Exceptions to set deadlines

Prerequisite

The following conditions must be met for an exception to be authorised:

The deviation from the law that you are requesting must be compatible with the protection of the persons employed.
There is a disproportionate hardship.

Responsible department

The locally responsible regional councils for company premises on which at least one installation is present,

which is subject to the EU Industrial Emissions Directive (installations labelled with the letter E in column d of Annex 1 of the 4th BImSchV),
which is subject to authorisation in accordance with Section 60 (3) sentence 1 numbers 2 and 3 of the Water Resources Act (WHG) or
which constitutes an operating area pursuant to Section 3 (5a) of the Federal Immission Control Act (BImSchG) (hazardous incident operation).

For all other business premises, the responsibility lies

the municipal administration if the premises are located in an urban district
the district authority if the premises are located in a district.

Please ensure that you submit the notification to the authority responsible for your premises.

Procedure

After you have applied for exemptions from the provisions of the Hazardous Substances Ordinance, the competent authority will review your application and request additional documents if necessary. You will receive a notice of authorisation.

Deadlines

none

Required documents

The following information is required to apply for the exemption:

Reasons for requesting the exemption (description of the facts, justification, quantity of the hazardous substance to be used each year, description of the activity and process)
Number of employees affected
Planned measures to ensure the health and safety of the employees concerned
Technical and organisational measures to reduce or prevent employee exposure
if applicable, photos, certificates, risk assessments

Costs

200 to 2500 €

Miscellaneous

An exception may also be requested in connection with administrative procedures under other legislation.

Appeal

Further information on how to lodge an objection can be found in the notification of your application.

Legal basis

Verordnung zum Schutz vor Gefahrstoffen- Gefahrstoffverordnung (GefStoffV)

§ 19 Absatz 1 Behördliche Ausnahmen, Anordnungen und Befugnisse

Release note

machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 03.07.2024