Pt 1 Ch 4 Health and Safety for Directly Employed Labour

Transcription

BFG SHEF MANUAL - PART 1 - CHAPTER 4
PART 1 - CHAPTER 4
HEALTH & SAFETY FOR DIRECTLY EMPLOYED LABOUR
Table of contents
Revision summary .............................................................................................................. 2
Policy .................................................................................................................................. 3
Applicability of UK and Federal German legislation ........................................................... 3
Duty to comply with the BFG SHEF Manual ...................................................................... 3
Relevant Host Nation H&S regulations .............................................................................. 3
Organisation and arrangements......................................................................................... 4
Definitions........................................................................................................................... 4
Employing unit .................................................................................................................... 4
Head of agency .................................................................................................................. 4
Occupational medical practitioner ...................................................................................... 4
Safety expert ...................................................................................................................... 4
Safety monitor .................................................................................................................... 4
User unit ............................................................................................................................. 4
Host Nation H&S regulators ............................................................................................... 4
Responsibilities and duties................................................................................................. 5
General............................................................................................................................... 5
Head of agency .................................................................................................................. 5
Commanders of user units ................................................................................................. 5
Commanders duty to publish a SHEF and SD statement .................................................. 5
Safety expert – HQ BFG level ............................................................................................ 5
Safety experts – garrison / station level ............................................................................. 6
Safety monitors................................................................................................................... 7
First aid............................................................................................................................... 9
First aid training .................................................................................................................. 9
Appointment of first aiders in writing .................................................................................. 9
Committees ........................................................................................................................ 9
DEL H&S committees - composition .................................................................................. 9
Works council consultation ............................................................................................... 10
Accidents, incident and near misses – reporting and investigation ................................. 10
Accident, incident and near misses - reporting ................................................................ 10
Accidents, incidents and near misses – investigation .......................................................11
Host nation regulators –accident and incident investigation .............................................11
Insurance...........................................................................................................................11
Insurance - work related activity........................................................................................11
Insurance - non work related activity – sports...................................................................11
Insurance - non work related activity – BBQs, fetes etc................................................... 12
Non work related activity – accident reporting and investigation ..................................... 12
Claims and compensation ................................................................................................ 12
Employee negligence ....................................................................................................... 12
Third party liability............................................................................................................. 12
Medical examinations ....................................................................................................... 12
Medical examination/surveillance required as a result of H&S legislation ....................... 13
Medical fitness for duty..................................................................................................... 13
Medical examinations - payment of bills........................................................................... 13
Eye tests for DSE users and provision of corrective appliances (spectacles) ................. 14
Training............................................................................................................................. 14
Statutory requirements –policy ......................................................................................... 14
Training responsibilities of commanders .......................................................................... 14
Statutory training requirements for safety monitors (SM)................................................. 15
Specific training courses for DEL ..................................................................................... 15
Specific training courses for DEL – SHEF warden........................................................... 15
Specific training for DEL SHEF advisers .......................................................................... 15
Audit and performance monitoring ................................................................................... 15
Inspection and audit by host nation authorities ................................................................ 15
Garrison duty to submit BAIUDBw audit progress report to HQ BFG.............................. 16
Revision date 2 Apr 15
Part 1-Chapter 4
Page 1 of 27
Annex B - Unit SHEF warden training .............................................................................. 20
Annex C – How to prepare for a BAIUDBw Audit............................................................. 22
Annex D - BAIUDBw audit progress report to HQ BFG ................................................... 23
Annex E –Letter of appointment as a Safety Monitor (German version) ......................... 24
Annex F –Letter of appointment as a Safety Monitor (English version)........................... 26
Revision summary
The only authoritative version is that published on the HQ BFG SHEF Website. All other copies, printed or
electronic, are defined as uncontrolled. Changed information since the last revision is shown in blue text
below and is hyperlinked. Previous revisions are then incorporated in black text but remain indicated on the
record below until overwritten by subsequent amendment. Minor editorial and syntax changes as well as
any deletions are not shown.
Comments or suggestions for amendment are to be submitted through garrison SHEF focal points to HQ
BFG, SHEF.
Subject heading (Ctrl+click)
Relevant H&S legislation
Safety experts – garrison level
Accident, incident and near misses - reporting
First aid
Host nation H&S regulators
Host nation – accident and incident investigation.
Inspection and audit by host nation authorities
Annex A – BAIUDBw Audit question set
Safety monitors training interval
Statutory training for safety monitors
Specific training courses for DEL – SHEF Wardens
Specific training for DEL SHEF Advisors
Garrison duty to submit BAIUDBw audit progress reports to HQ BFG
Annex A – BAIUDBw Audit question set (deletions)
Annex D - BAIUDBw audit progress report to HQ BFG
Safety Monitors letters of appointment
Annex E –Letter of appointment as a Safety Monitor (German version)
Annex F –Letter of appointment as a Safety Monitor (English version)
Duty to comply with the BFG SHEF Manual
Insurance - non work related activity - sports
Training responsibilities of commanders
First aid training
Safety expert
Safety expert – HQ BFG level
Eye tests for DSE users and provision of corrective appliances (spectacles)
WBV changed to BAIUDBw throughout document
OMP OME updated
Severely handicapped representative added to para 14052 & 14054
UK Bund re-designated Unfallversicherung Bund & Bahn (UVB)
Part 1-Chapter 4
Revision date
31 Aug 10
31 Aug 10
31 Aug 10
31 Aug 10
16 Sep 10
16 Sep 10
31 Aug 10
31 Aug 10
21 Mar 11
21 Mar 11
21 Mar 11
21 Mar 11
26 Apr 11
26 Apr 11
26 Apr 11
06 Sep 11
11 Oct 11
11 Oct 11
12 Sep 11
12 Sep 11
12 Sep 11
9 Dec 11
9 Dec 11
29 Aug 12
14 Dec 11
29 Aug 12
29 Aug 12
14 May 13
28 May 14
21 Oct 13
5 Feb 15
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Health & Safety for Directly Employed Labour
Policy
14001. This Chapter provides specific guidance and direction for Health and Safety (H&S) matters in
respect of Directly Employed Labour (DEL).
14002. DEL are defined as those locally employed civilian staff of BFG units who pay German taxes and
insurance.
Applicability of UK and Federal German legislation
14003. In accordance with the Secretary of State for Defence's Safety and SD Policy Statement the British
Forces will apply UK standards where reasonably practicable and in addition, respond to, host nations’
relevant HS & EP expectations. Reasonably practicable means where there is a measurable increase or
reduction of risk in the level of safety commensurate with the difficulty and cost of taking the measure. In the
event of doubt or an apparent conflict SO1 SHEF HQ BFG is to be consulted.
14004. In accordance with the Federal Personnel Representation Law (FPRL) Art 81 (1) and (2) the Unit
Works Council is to monitor the implementation of H&S Regulations and Accident Prevention Regulations
which concern DEL employees.
14005. Under Article 56 1(a) of the Supplementary Agreement to the Status of Forces Agreement (SA to
SOFA), the German H&S Regulations apply to DEL employed by the British Forces in the same manner and
degree as they apply to civilian personnel employed by the German Armed Forces (the Bundeswehr).
14006. The Protocol of Signature concerning Article 56(1) of SA to SOFA states;
‘…….that accident prevention regulations under German Law shall be taken into account only to the
extent that a force or civilian component has not issued corresponding accident prevention directives.
When promulgating accident prevention directives, the force or civilian component shall seek the
1
advice of the competent German authorities. Where these authorities find that these accident
prevention directives appear to be inadequate, consultations in accordance with the third sentence of
paragraph 1 of Article 53 shall take place’.
14007. In accordance with paragraph 14006 above, copies of this BFG SHEF Manual, which contains BFG
Accident Prevention directives, have been provided to the competent German authorities for their
consideration and comment. They have accepted the BFG SHEF Manual as compliant with accident
prevention regulations under German Law and, as regulators, provide updates and comments to ensure that
the manual remains relevant and up to date
14008. Military Personnel, UK Based Civilians and Dependant Employees (DEP) do not pay into the
German State tax, social, health or pension scheme and they are not covered by the German H&S
Workplace Insurance System. They are not included in that group of employees (DEL) to whom Article 56(1)
of the SA to SOFA applies. All UK based personnel are covered under UK H&S arrangements.
Duty to comply with the BFG SHEF Manual
14009. The BFG SHEF Manual, which meets the requirements set out in para 14001 above, is published
under authority of SO BF (G) 4400. The SO directs that the Manual is to be complied with by all units,
organisations, agencies and establishments within BFG and personnel of all Force Elements under
ADMINCON HQ BFG, irrespective of their parent Service, TLB or Agency. Failure to comply with SO BF (G)
4400 may lead to disciplinary and/or administrative action for those subject to military law.
Relevant Host Nation H&S regulations
14010. An extensive list of relevant German H&S legislation, with translation is shown in part 2 leaflet 45 of
this manual.
14011. Within the German regulations governing the H&S of employees the term Entrepreneur is to be
taken to mean the Head of Agency and the term insured is to be taken to mean the employee.
1
Competent German Authorities are the Federal Office for Infrastructure, Environmental Protection and Services of the German Forces,
Competence Centre for Building and Construction Management (BAIUDBw) and the Federal Accident Insurers (Unfallkversicherung
Bund und Bahn (UVB))
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14012. In addition to duty to comply with host nation H&S legislation, the BFG SHEF manual and SA to
SOFA BFG is also bound by the Collective Tariff Agreement (second edition) (CTA II). CTA II governs DEL
terms and conditions and was agreed by the German Ministry of Finance (representing the Sending States
Forces) and the German Trades Unions.
Organisation and arrangements
Definitions
Employing unit
14013. Throughout this Chapter the term “Employing Unit” is defined as the unit under whose control a DEL
works. For the purpose of this chapter only, the term “Employing Unit” is also defined as the unit which
initially accepts a Host Nation civilian for paid employment by UK MOD. This is normally the Labour Support
Unit (LSU) but some isolated units or large employers of DEL are accorded the status of Employing Unit. It
follows from this definition that an Employing Unit is not necessarily the unit in which a civilian person works
(see “User Unit” below). In the event of doubt, the OC of the relevant LSU should be asked for guidance.
Head of agency
14014. The head of agency is the head of the employing unit and the employer, for the purpose of German
law, is the Sending State.
Safety expert
14015. A safety expert is appointed in writing and must be an engineer, technical, or master and acceptable
to the appropriate regulatory authority – in respect of BFG this is the Unfallversicherung Bund und Bahn
(UVB). Each category has a specific set of qualifications which must be met in addition to the successful
completion of a safety course “Ausbildung zür Sicherheitsfachkräfte”, run by one of the following:
a. The Federal Institute for H & S and Occupational Health (Bundesanstalt für Arbeitsschutz und
Arbeitsmedizin – BAuA).
b. Accident insurers (Berufsgenossenschaft – BG/ Unfallversicherung Bund & Bahn – UVB).
c. Another authority recognised by either of the above (e.g TÜV, Bundeswehr).
Safety monitor
14016. Safety Monitors (SM) are appointed from the DEL workforce to carry out certain local duties in
connection with the application of German industrial safety law.
Occupational medical practitioner
14017. The Occupational Medical Practitioner (OMP) is a qualified medical practitioner with additional
specialist training and qualifications in the field of German industrial occupational H&S. The OMP is a
specialist and advises on the occupational medical and environmental aspects of working conditions and
practices as applicable under German regulations. They are appointed under a contract with HQ BFG.
User unit
14018. Throughout this Chapter the term “User Unit” is taken to mean the unit which line manages the DEL
employee in question, or uses the specified item of equipment.
Host Nation H&S regulators
14019. There are two Host Nation (HN) H&S regulatory authorities for DEL employees:
a. The Unfallversicherung Bund & Bahn (UVB). This is the Federal Accident Insurance agency,
based in Wilhelmshaven. It is the accident insurance carrier for all DEL employees in BFG. It directs
the training requirements for DEL employees, including Garrison Health and Safety at Work Experts
and is empowered to carry out accident and investigations – see para 14057.
b. The Federal Office for Infrastructure, Environmental Protection and Services of the German Forces,
Competence Centre for Building and Construction Management (BAIUDBw). This is the German
Armed Forces departments at either Düsseldorf for North Rhine Westphalia, Hannover for Lower
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Saxony and München for Bavaria and are the HN H&S SHEF audit authority for units employing DEL –
see para 14101 et seq.
Responsibilities and duties
General
14020. German legislation requires that DEL H&S at work matters be addressed in accordance with the
regulations contained within the Federal Personnel Representation Law 74 in its version of 16 Jan 91 as
subsequently amended. Safety Experts and OMPs are to be employed to provide the necessary advice and
assistance on German legislation and regulations to Commanders and to Heads of Agencies. Safety
Experts and OMPs are to work in close co-operation with one another and with Garrison/Unit SHEF
FPs/Officers (ASiG §9 & §10).
Head of agency
14021. The Head of agency is the commander’s agent for DEL employment matters and advises them on
labour law aspects of the H&S statement. In particular, the head of agency deals with the Unit Works
Councils (UWC) on any H&S matters raised by them, which have an effect on employment conditions. The
head of agency represents and defends the Crown in German labour or industrial safety law disputes
although charges must be answered personally by the defendant if the German authorities allege individual
culpability. Safety Experts and OMPs assist him in the discharge of his responsibilities.
Commanders of user units
14022. Commanders of user units have an overall responsibility for the H&S of all of their personnel. There
are specific requirements under HN law which concern the H&S of DEL and care must be taken to ensure
that these requirements are observed. H&S actions within the unit which may have implications affecting the
terms and conditions of employment of DEL may only be taken after discussion with the Head of Agency.
Matters which affect the H&S of DEL, without alteration to terms and conditions of employment, are the
responsibility of the Commander of the User Unit.
Commanders duty to publish a SHEF and SD statement
14023. Any unit which employs more than 5 persons, including military, is required to produce and keep
under review a SHEF and SD statement which must be signed personally by the commander 2.
14024. Units, which employ 5 or more DEL, are to have their statement translated into German and
additional languages as may be necessary.
14025. The translated statement is to be displayed on unit SHEF notice boards in the areas in which DEL
are employed. It may also be necessary to have the relevant sections of any directive and standing orders
translated but this is to be judged locally and will depend on the areas in which the DEL are employed. Care
should be taken to ensure that safety statements and directives refer to appointments, not individuals,
although an annex relating named individuals to appointments is useful, providing it is kept up to date.
Safety expert – HQ BFG level
14026. The BFG Leading Health and Safety at Work Expert (BFG LHSWE) is a member of HQ BFG SHEF.
The post is established to meet the statutory duties of employers under the Arbeitssicherheitsgesetz (ASiG) which require a leading H&S expert (LFASi) to be appointed. His appointment is
approved by the Host Nation H&S Regulators under ASiG. He is fully qualified in all HN H&S disciplines and
conversant with German H&S law and regulations and is also qualified to UK H&S Diploma level. He is to
liaise with and handle all communications with the HN H&S Regulators in connection with workplace
inspections, accidents and job related illnesses and is to assist the German Safety Experts (GHSWE) in
accident investigations BFG wide, as necessary, reporting to SO1 SHEF. He is the technical Chain of
Command for the GHSWE. He is a member of the HQ BFG SHEF audit team and accompanies all
BAIUDBw audits/inspections. He is the Comd BFG and Delegated Military Representative’s (Highest
Service Authority) subject matter expert on DEL H&S issues.
2
Guidance to Commanders on the content on Safety Statements is given in Part 1 Chapter 3 of this manual. Whilst it is not German
Law to have such a statement, it nevertheless is MOD Policy and demonstrates the Commanders personal commitment to the health,
safety and welfare of employees as required by the Secretary of State.
Part 1-Chapter 4
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Safety experts – garrison / station level
14027. At Garrison/station level, DEL Health and Safety at Work Experts (GHSWE) have been appointed in
accordance with German Law (ASiG Section 3 §5) to assist Commanders and Heads of Agencies, in
discharging their responsibilities in respect of German H&S legislation. The number of GHSWE to be
employed is calculated according to a formula set out in the ASiG. For BFG this equates to at least one
GHSWE per garrison. Where numbers of DEL employed require that more than one GHSWE is needed,
then each is to be accountable for a specific area. Selection and appointment of GHSWE always requires
consultation with the Works Council and the agreement of the HN H&S Regulators (UVB), through HQ BFG,
SHEF.
14028. GHSWEs work to HQ BFG, SHEF but have specific legal responsibilities in regard to DEL whereby
they may report directly to the Garrisons Commander / Head of Agency. In accordance with ASiG §9.2
GHSWEs are required to brief works councils on important matters regarding health, safety and accident
prevention and the content of any suggestions made to the employer in accordance with (ASiG §8.(3)).
14029. GWHSE are provided with on-line access through the LHSWE and HQ BFG funded subscription to
the WEKA portal to the following non exclusive list of documents.
a.
BGVR Gesamtausgabe.
b.
Gefährdungsbeurteilungen.
c.
Arbeitsschutzmanagement.
d.
Anforderungen/Arbeitsstättenverordnung.
e.
Betriebsanweisungen VO.
14031. GHSWEs are to be provided at public expense with such other documents that they may judge
necessary for the proper information of their post and discharge of their statutory duties
14032. GHSWEs are to ensure that Commanders and Head of Agencies are kept fully informed of
appropriate changes to German H&S legislation and to give advice as to how such changes are to be
implemented. They are to report to Garrison Commanders through the SHEF Focal Point or in such other
manner as the Garrison Commander may direct.
14033. GHSWEs are required at law to reach and sustain professional competence levels set out by
regulators. Appropriate training is to be attended by GHSWEs as required by UVB. Such training is to be at
public expense and at no cost to the attendee.
14034. GHSWEs must be consulted and requested to give advice on (non exhaustive list):
a.
The requirements for the provision of social and sanitary facilities
b.
New materials and facilities prior to their introduction, proposed, and actual, working procedures.
c.
The provision and use of PPE
d.
Plans for new construction of or alterations to premises.
Note: These are statutory requirements under ASiG §6 from which BFG has no exemption.
Direction is also given in BFG Estate Policy & Procedures.
14035. GHSWEs are the prime investigators of accidents involving only DEL (serious accidents will be
investigated by the LHSWE at his discretion), excepting cases where an outside agency i.e. German Civilian
Police or UVB are carrying out the investigation, in which case they are to render all possible assistance.
Where an accident involves DEL and other personnel they are to assist in the investigation.
14036. GHSWEs are to visit every unit which employs DEL depending on risk assessment and activity and
are to report any H&S shortcomings. Reports are to be made in writing after each visit and addressed to the
Head of Agency, copy to the commander of the user unit & HQ BFG, SHEF. In addition they are to
accompany visits made by the BAIUDBw or the UVB. They may request, through the BFG LHSWE advice
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and assistance including external technical support from the BAIUDBw or other HN authorities such as
WIWEB or WIS for such issues as noise and substance monitoring or assessment.
14037. GHSWEs are to provide training for Safety Monitors, both initial and refresher, in conjunction with
UKBund and other training at unit request.
14038. GHSWEs are to provide the LHSWE with proposed dates and locations for audits/inspections by
BAIUDBw’s at the end of each calendar year for the following year. They are not authorised to negotiate
dates directly with the BAIUDBw unless prior consent is given by the LHSWE. They are to attend all
audits/inspections by BAIUDBw’s and those with an appropriate UK qualification are expected to assist gar
SHEF FPs with audits of military units.
14039. GHSWE are to attend FASI WG meetings in accordance with the BFG SHEF manual part 1 chapter
1 Annex K – BFG German Safety Expert Working Group - Terms of Reference
Safety monitors
14040. Safety Monitors (SM) appointments are co-operated with the unit works council (Art 22 SGB, VII)
and are selected from experienced, voluntary, reliable employees from non-supervisory grades but
preferably with at least two years trade experience. Their appointment is to be confirmed in writing. Letters
of appointment, which are to be used, have been cooperated with the Higher Level Works Council 3 are at
Annex E in German and Annex F in English.
14041. No extra remuneration is to be made for the performance of SM duties and the time required to
satisfactorily perform these duties is to be agreed between the senior line manager, the Head of Agency and
the unit works council.
14042. Once selected the SM is to undergo suitable training and it is recommended they attend refresher
training as arranged by their GHSWE at least every 3 to 5 years.
14043. An SM retains their role until the senior line manager, in agreement with the Unit Works Council,
removes him/her from the position or the SM personally submits his/her resignation in writing.
14044. Units which employ 20 or more DEL are required to appoint at least one SM. Additional SM may be
required when the unit has separate work areas, or where the work is particularly technical or hazardous.
The name(s) and location(s) of the SM are to be publicly displayed on the H&S notice board. In the case of
doubt the advice of the GHSWE should be sought.
14045. No disadvantage must be suffered by SMs resulting from the performance of their duties, which are
as follows:
a. To monitor health safety in their work area and to advise management if there are shortcomings in
the provided safety equipment and Personal Protective Equipment (PPE) or if PPE is not being used
correctly.
b. They are to carry out periodic inspections of the work site to ensure that existing regulations and
precautions are being observed.
c. To assist in the investigation of accidents and make any necessary recommendations on changes
to equipment, work practices or regulations to prevent a recurrence.
d. To inform fellow workers if their actions are unsafe or endangering others. If the instruction is
ineffective, or not being applied, the SM has a duty to report the matter to his superior or to the safety
expert for action
Occupational medical practitioners (OMP)
14046. OMP support commanders and heads of agencies in the provision of health protection to all
employees. The number of OMP to be employed is based on a formula in ASiG §2, which takes account of
the number of employees and the nature of tasks undertaken. The duties (ASiG §3) of the OMP include:
3
HQ BFG D/CS (LEC)/3192 dated 23 Aug 11
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a. Giving advice as appropriate on medical and environmental conditions in the workplace to all
commanders in respect of DEL.
b. Ensuring that changes to medical and environmental practices are brought to the attention of
commanders.
c. Conducting Occupational Medical Examinations (OME) as defined in the German Accident
insurance regulations - ArbMedVV. These are commonly known as ‘G’ medical examinations. There
are 2 main categories of OME:
 Vorsorgeuntersuchungen - Preventative Care Examinations - These are aimed at providing
advice to individuals regarding how their work may affect their health. The list of specific
examinations is contained in the Annex to the regulations (ArbMedVV). There are 3 sub categories
of these:
o Pflichtvorsorge / Arbeits-medizinische Vorsorge - obligatory. This is not an optional
examination which the employer must provide for tasks with specific risks to health. The
employer may only permit such tasks to be undertaken once the relevant examination has
been conducted. This means that the employee is obliged to undergo this examination.
However, the employee can not be forced to partake in a physical or clinical examination. The
employer will not be provided with the results of this consultation and they will only be
informed that the individual attended.
o Angebotsvorsorge - offer. These are examinations which the employer must offer
employees who conduct tasks which have certain risks connected with them.
o Wunschvorsorge - desire. These are examinations which are over and above those listed
in the regulations for all work activities except where the activity obviously does not have any
risks to health. A desired examination could be for example when an employee considers
there is a connection between his/her work activity and a physical or health problem which
they are experiencing. If the employer refuses to provide this examination, the relevant
authority can direct the employer to conduct it.
GUIDANCE
Failure to provide the above listed examinations can result in the
employer being fined or another punishment being imposed!
 Eignungs-untersuchungen - Suitability Examination. These are required to ensure that
individuals are medically fit to conduct their work i.e. carrying of weapons, working at heights etc.
Information regarding the results of these examinations may be given to the employer with the
agreement of the individual.
GUIDANCE
It should be noted that medical practitioners employed in the BFG Health Service are not
qualified as OMP unless they hold the additional specialist qualification.
d. The decision to provide or offer an OME is based on the risk assessment of the tasks conducted in
conjunction with results from work equipment or environment testing and measuring. The identification
of the employees who are at risk from their work activities is the responsibility of the LSU or for Cat B
units, the CLO. The German HSW Expert is to be consulted in all matters concerning OME’s for the
DEL in his AOR.
e. Appointments for the employees OME are to be made with the contract provider by the LSU or for
Cat B units, the CLO. The administration of the OME employee records is the responsibility of the LSU
or for Cat B units, the CLO. These records are confidential.
f.
OMP are required to liaise with Works Councils in the discharge of their duties (ASiG §9.2.).
g. The HQ BFG, Lead HSW Expert manages the BFG OMP contract. Any disputes concerning the
contract or OME related matters are to be addressed to him
h. A list of frequently asked questions regarding OME’s can be found here.
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First aid
14047 Although DEL are covered for medical treatment by the German Social Insurance system (UVEG),
all units and establishments are to provide First Aid facilities. Where units have existing medical facilities,
these are to be extended to cover employees for First Aid only. If a user unit has up to 20 DEL then it must
appoint a minimum of one first aider trained to the Deutsche Rotes Kreuz, or a similar first aid organisation,
standard.
First aid training
14048. Training is available from the above organisations or through the Defence Fire & Rescue Services,
but neither the UK First Aid at Work Qualification nor the military MATT 3 (Battlefield Casualty Drills) are
acceptable qualifications.
14049. Once the qualification, which takes 8 hrs training, is attained it is valid for 2 years before refresher
training lasting 8 hours is required. Failure to complete refresher training will means that the qualification
lapses and the full training course must be attended to re-qualify.
Appointment of first aiders in writing
14050. Suitably qualified persons filling first aid appointments must be co-operated with the UWC and
confirmed in writing. If the unit has more than 20 DEL then the scales below are the minimum to be applied;
note is to be taken of the need to continue to provide cover during shift work and holiday periods.
a. Industrial establishments e.g. workshops and storehouses - 10% of the workforce are to be trained
as first aiders.
b.
Non-industrial establishments e.g. offices - 5% of the workforce are to be trained as first aiders.
Committees
14051. In accordance with the German H&S regulations (ASiG Art 11) each agency is to form a DEL H&S
committee which is to hold an H&S meeting at least once every 3 months. This is a distinct legal
requirement and is separate from the SHEF committee meetings that units are required to hold.
DEL H&S committees - composition
14052. DEL H&S committees are to be composed as follows:
Chairman - OC LSU (as the employer according to German Law) or his deputy.
Members:
a.
GHSWE.
b.
OMP.
c.
All safety monitors.
d.
The co-ordinator for hazardous substances (if one has been appointed).
e.
2 x Works Council representatives.
f.
An interpreter (if required).
g.
Others as required (e.g Severely handicapped representative).
GUIDANCE
If more than one unit is involved, a senior line manager from each unit is to be in attendance.
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DEL H&S committee – functions
14053. The committee functions are to:
a.
Inform German H&S aspects of unit safety orders.
b.
Investigate potential hazards and causes of accidents.
c.
Investigate employee H&S complaints and make remedial recommendations.
d.
Investigate methods of promoting H&S in the workplace.
Works council consultation
14054. Where DEL are likely to be affected by the installation of new work practises and/or conditions or a
change to those currently in existence, the proposed measure is to be submitted to Head of Agency for codetermination with Unit Works Council and if it involves severely handicapped employees, also their
representative.
14055. The Works Council has the right to be informed on matters regarding Works Safety and Accident
Prevention (ASiG Section 4 §9 and BGV A6).
14056. Should a circumstance arise where it is essential that new practices or conditions be immediately
implemented on the grounds of safety, such implementation may proceed without formal co-determination
procedures. LSU and UWC must be informed immediately and co-determination procedures initiated
Accidents, incident and near misses – reporting and investigation
Accident, incident and near misses - reporting
14057. All accidents are to be recorded on a MOD F 510, which must be kept for a period of 5 years after
the last entry.
14058. An initial accident, incident or near miss report, is to be made to AINC in accordance with part 2
chapter 2 leaflet 1 of this manual as soon as possible after the concurrence. The report may be made by
telephone, fax or e-mail. If the initial report is made by telephone then completed forms are to be distributed
within 24 hours of the event, by the fastest possible means.
14059. In addition all serious accidents (e.g. death, amputation, fractures, burns, loss of an eye etc) are to
be reported as soon as possible to the Leading BFG HSWE.
14060. Accident Reports are to be made on an “Unfallanzeige”. Copies of the Unfallanzeige can be found in
part 2 chapter 2 leaflet 1 or obtained from LSU. They are to be either typewritten or completed in block
capitals. Assistance in completion is to be given by LSU if required.
14061. The completed Unfallanzeige is to be forwarded to the LSU ASAP after the accident has occurred.
The LSU is to:
a.
Check them for correct completion.
b. Forward the completed Unfallanzeige to the Works Council or their signature. The Works Council
is to retain a copy.
c.
Forward copies of the completed and signed Unfallanzeige to the following depts/authorities:
(1). German Federal Authority for Accident Insurance - Unfallversicherung Bund & Bahn.
(2). Lohnstelle.
(3). Relevant BAIUDBw
(4). Area Claims Office NWE, HQ BFG, BFPO 140.
(5). Ensure that all forms forwarded to the Lohnstelle are accompanied by a returnable
acknowledgement for LSU records.
Part 1-Chapter 4
Page 10 of 27
d. In the top right hand corner of the Unfallanzeige is a rectangular box entitled
‘Unternehmensnummer’. The box is to be endorsed with the code number 42000000.
Accidents, incidents and near misses – investigation
14062. Reportable accidents, incidents and near misses are to be investigated in accordance with chapter 2
part 2 leaflet 2 of this manual.
14063. COs and Heads of Establishment are to ensure that lessons learnt from investigations lead to
suitable and sufficient measures being put in place to prevent, as far as reasonably practicable, any
reoccurrence.
Host nation regulators – accident and incident investigation
14064. The UVB who pay accident, illness and pension costs on behalf of BFG and reclaim these costs
from MOD through Civ Sec HQ BFG, have the remit to investigate all serious DEL accidents and claims or
such matters reported to them They will give due notice of any investigations which need to be carried out at
unit level and are to afforded unrestricted access to relevant documentation, information and persons.
Should the UVB need to visit units, they will be accompanied by the leading BFG HSWE.
Insurance
Insurance - work related activity
14065. All DEL employees are insured against injuries arising from industrial accidents in accordance with
the Sozialgesetzbuch 7 (SGB 7) which is administered by UVB. The insurance cover extends over the full
working day from the time the employee leaves home unit he/she returns, both journeys by the most direct
reasonable means, and includes payment of medical expenses, injury benefits etc. Thus accidents occurring
en route are to be reported.
Insurance - non work related activity – sports
14066. Accident insurance cover for works related accidents is, in respect of sports activities by DEL, given
under the following circumstances only 4:
a. Participation in sports activities organised by the employer which serve the purpose to alleviate the
physical, mental and nerve strain caused by work activities.
b. The above sports activities must not be primarily competitive. This means that inter unit team
games, e.g. soccer, football, basketball, volleyball, handball, athletics etc, within the context of a league
or cup series or for which there is any prize or award (cup, shield, title etc) are deemed to be of a
competitive nature and are not covered. Only purely friendly events are permitted. Under these terms
there are generally no concerns about ball games played between departments of the same unit and
these are covered.
c. The participation in sports activity must be restricted to employees of the same agency (or at least
the same delegated employer). The opportunity to participate in such sports activities must be afforded
to all employees of the agency concerned. Any restrictions lead to the cover not being given.
GUIDANCE
In cases of doubt the LSU should be consulted for further advice.
d. The timing of the sports activities and their duration must be in relation to recreational value in
connection with (or depending on) work activities.
GUIDANCE
Primarily the recreational value must generally compensate strain at work. Therefore, the sports activities
are not restricted to working hours or working days but may take place on weekends. The sports activity
must include sufficient physical exercise of a reasonable duration to compensate works activities.
e. The sports activities must take place within an organisational pattern set by the employer, i.e. the
employer must organise the sports activity and must provide the necessary facilities.
4
This ruling is made by the Federal accident insurance office (UK Bund) responsible for insurance all staff employed with Sending
States.
Part 1-Chapter 4
Page 11 of 27
14067. Any cases of doubt are to be referred to OC s LSU for advice prior to sports activities being
undertaken. Sports activities organised by employees themselves are not sports activities in the meaning of
this guideline.
14068. For any sports activity not covered under the above guidelines it is recommended that individuals
taking part in such activity arrange for appropriate private insurance cover.
Insurance - non work related activity – BBQs, fetes etc
14069. Units wishing to arrange BBQs, ‘fundays’, fetes and similar events for attendance by DEL during
normal working hours then work insurance would normally provide cover providing no alcohol is consumed
and that these events are:
a. Previously arranged with the approval of the Commanding Officer and with the agreement of OC
LSU; these are mandatory requirements.
b.
Conducted during normal working hours.
Non work related activity – accident reporting and investigation
14070. For accident/incident reporting and investigation procedures involving non work activity, the process
to be followed is the same as for work activity; see BFG SHEF manual part 2 leaflet 1
Claims and compensation
14071. When an employee has an accident at work, or on the way to or from work he/she should report for
treatment, or be taken to a Durchgangsarzt (transit doctor) or hospital who will send a bill to UK Bund on
completion of treatment. UVB will send a quarterly account for sums paid out on behalf of the British Forces,
to Civil Secretariat BFG.
14072. In cases of death through industrial injury a pension may be payable to those dependants of the
deceased whom he/she was legally obliged to support. Where an employee suffers an industrial injury
he/she may be awarded a disability pension by the insurance carrier, following a decision by a medical panel.
All such pensions are chargeable to the UK MOD. An employee who is unable to return to normal
occupation because of injury may be retrained for another occupation, the costs being met by UK MOD.
14073. Employees living in accommodation provided by the UK MOD have no right to claim Accident
Insurance above that of any other employee. Where an accident occurs which is not connected with work,
the employee should visit their own doctor for treatment and not the transit doctor (Durchgangsarzt).
Employee negligence
14074. Where an employee is injured through his/her own gross negligence or because he/she was carrying
out unauthorised work or was working for another employer during dual employment action may be taken,
under the terms of Article 32 of the Collective Tariff Agreement II, to recover any losses suffered by the
employer. Recovery action must be initiated within 3 months of the accident.
Third party liability
14075. Where a Third Party is responsible for an injury to an employee, at work or on the way to or from
work, UVB may reclaim the costs of medical treatment and other expenses incurred by the injured employee.
Such cases are processed with UVB through HQ BFG.
Medical examinations
14076. Medical examinations (TV AL 11 SS 4/4a/4b or Annexes E, H, K, L, P, & L) are a prerequisite for the
recruitment of:
a.
Those employed in the distribution, preparation or serving of food or drink.
b.
Dentists and dental assistants.
c. Drivers of passenger carrying vehicles which carry more than eight passengers: To be renewed in
accordance with current legal provisions.
Part 1-Chapter 4
Page 12 of 27
d.
Drivers of LGV from the age of 50.
e.
Drivers of any road vehicle who is to remain in employment after the age of 65 years.
f.
P tariff and K tariff employees.
g. Employees required to bear arms for self protection (Germany Guard Service and Armed Dog
Handlers); the examination is to be carried out by the OMP and is to be renewed every 18 months. Any
difference in medical opinion arising as a result of subsequent examinations by personal physicians is
to be referred to the OMP. Where there are disputes on medical opinion a neutral expert/OMP of
mutual trust may be asked for an independent expertise. Both parties will hold this opinion as binding.
h. Those previously employed in professions in which they were exposed to infectious diseases or
have worked with hazardous material.
i. At the discretion of management, candidates for any other category of employment may be
required to undergo medical examination.
14077. Where legally prescribed, DEL employees are to be examined by the German health authorities
(TÜV) or by an OMP. Other legally required medical examinations will be carried out by institutes or doctors
nominated by the Forces. Medical examinations demanded by the employer may be carried out by a doctor
authorised to practice in Germany and mutually acceptable by the employee and the Forces. Dependent
employees are to be examined by the Service medical authorities.
14078. Where a medical examination is required as a prerequisite to recruitment, employment is not to
commence before such examination has been carried out and a certificate of fitness has been produced by
the employee. Applicants for employment who are already in possession of a relevant Gesundheitsamt or
Service medical certificate which is not more than 6 weeks old may be engaged without further examination.
On transfer to a new agency within the British Forces the existing health certificate will be recognised.
Certificates are to be retained with the employee’s personal documents.
Medical examination/surveillance required as a result of H&S legislation
14079. Where H&S legislation requires medical examinations/surveillance, in addition to those listed above,
these are to be conducted in accordance with UK Bund guidelines by the appropriate accredited German
institute and costs met by garrison budget holders.
Medical fitness for duty
14080. Medical examinations may be required at the discretion of the Head of Agency when any doubt
exists over the continuing fitness of an employee to perform his duties safely. The employer may request
whether an employee is or is not fit to carry out his duties but is not entitled to details of the examination
results. The employer may only be given the full details with the permission of the employee. In the case of
DEL the comments of the UWC must be obtained before arranging an examination, the timeframe for such
comments being based on the degree of risk to the individual and to others.
Medical examinations - payment of bills
14081. All bills for medical examinations are to be endorsed by the unit with the name of the employee and
the unit/organisation and forwarded to the OC GLSU who is to certify the necessity for the bill and submit it
for payment in accordance with instructions issued periodically by HQ BFG.
Referrals to specialist by OMP
14082. Employees who are referred to a specialist by the OMP for further examination are, as a rule,
required to pay the current € fee to the specialist. The reason for this additional payment is because the
referral is made by the OMP who is not the employee’s normal treating doctor. For reimbursement of the
current € fee the following will be required by the LSU:
a.
Confirmation by the OMP that further medical examination by a specialist has been recommended.
b.
A receipt confirming payment has been made to the medical specialist.
Part 1-Chapter 4
Page 13 of 27
Eye tests for DSE users and provision of corrective appliances (spectacles)
14083. The employer is to offer display screen equipment users, as identified in Articles 1 and 2 of the
Federal Ordinance on Display Screen Equipment (BildscharbV), an adequate eye test by a suitably qualified
person, i.e. the OMP. Should, as a result of the eye test, an examination by an ophthalmologist be
considered necessary, this is to be allowed.
14084. Tests and further medical examination, as necessary, are to be arranged for Display Screen
Equipment (DSE) users prior to their commencing work as DSE users and thereafter at 5 yearly intervals, (3
yearly intervals for employees over the age of 40). Costs for the tests and medical examinations are to be
borne by the employer. Employees requesting eye tests are to approach their line manager (Administrative
Officer) before arranging eye tests/medical examinations themselves.
GUIDANCE
DSE eye tests fall under the category of OME as described at para 14046, c of this Chapter (G37) and
are conducted by the OMP. Individual billing does not take place. G37 examinations can not be
conducted by either an ophthalmologist or an optician. Further medical examinations are borne by the
health insurance carrier if the eye defect is not solely work related.
14085. Should tests result in corrective appliances (spectacles) be identified as necessary for DSE work the
costs for such appliances are to be borne fully by the employer provided they are solely for DSE use. The
current limit for reimbursement for the provision of appliances is shown in the BFG SHEF Manual Part 2
Leaflet 35 unless exceptional circumstances, i.e. established medical requirements are given. It is to be
noted that costs for spectacle frames over and above standard basic frames and costs for tinted lenses
and/or special coating are not to be reimbursed.
14086. If users already wear spectacles they may opt to combine the two requirements, by purchasing by
purchasing variable focal lenses, but will be entitled only to the costs of the basic pair of spectacles
necessary for DSE use as outlined above. Appropriate evidence is to be provided by the DSE user.
14087. Copies of bills are to be provided to the Budget Manager and to be held on the employees' personal
files.
14088. When an employee can prove that costs for frames and lenses of corrective spectacles for DSE use
exceed the limit of set out in the BFG SHEF Manual Part 2 Leaflet 35 and are the cheapest available the full
costs are to be borne by the employer. Costs are to be borne locally against the DSE users budget under
Resource Accounting Code NHA 001.
Training
Statutory requirements –policy
14089. It is a legal requirement of Article 12 of The German Work Safety Law (Arbeitssicheheitsgesetz
(ASiG)) (in its current version) for an employer
“to instruct employees sufficiently and appropriately about H&S at work during their working hours,
including special briefings and explanations orientated to the employee’s particular workplace. The
briefing is to take place on recruitment or before the employee starts working, whenever changes
occur in the task areas or new materials of technology are introduced.”
Training responsibilities of commanders
14090. Commanders are to ensure that all DEL employees receive suitable and sufficient SHEF training
commensurate with the risk, individual role and proven competence. In particular all DEL employees must
receive induction training and workplace training as well as any statutory training related to their appointment.
Records of training must be kept and a system put in place to ensure that the need for further training is kept
under review and for existing training to be refreshed and updated as necessary.
14091. Commanders are to ensure that all line managers with responsibility for DEL employees receive
suitable and sufficient instruction, training and information so that they may carry out their H&S supervisory
and line management duties for such staff in accordance with the provisions of this manual.
Part 1-Chapter 4
Page 14 of 27
GUIDANCE
Unit Safety Advisers should, on behalf of their commanders, seek advice and
guidance from their GHSWE about training for DEL employees.
Statutory training requirements for safety monitors (SM)
14092. It is a legal requirement of Section 3 of the Act on the Integration of the Right of Legal Accident
Insurance in the Social Security Code (UVEG) (in its current version) for SMs to receive necessary training
and further education. The required training is delivered under arrangements made between units, the
GHSWE and the UVB.
14093. COs and Heads of Establishment are required at law to ensure that their SMs are made available for
such training which is to be at public expense and carried out in normal working hours.
14094. It is recommended that trained SM attend refresher training as arranged by their GHSWE at least
every 3 to 5 years
Specific training courses for DEL
14095. GHSWEs, in conjunction with the leading BFG LHSWE and the UVB as necessary are to arrange
suitable and sufficient training for DEL employees within their garrisons. Such training may include;
a. Working at height.
b. Manual handling.
c. Display Screen Equipment.
Specific training courses for DEL – SHEF warden
14096. Units and establishments authorised to employ SHEF wardens are to ensure that they have received
appropriate training as shown in the detailed syllabus at Annex B.
14097. SHEF wardens may be offered vacancies on the USA course run in BFG on a fill up basis where
their parent unit and garrison has determined that this is a vital and necessary step change in SHEF support
capability within the units or area of responsibility to be covered by that person. Vacancies will only be
considered after all military applications have been dealt with. Invariably, such allocations will be made at
very short notice. The course is intellectually demanding and bidding units are to ensure that the applicant is
interviewed by a qualified USA in order to confirm their suitability for the training.
Specific training for DEL SHEF advisers
14098. DEL SHEF Advisers are expected to be fully qualified on appointment in accordance with their job
description which is available from LSUs.
14099. It is a unit responsibility to ensure that DEL SHEF advisers are kept up to date and obtain such
additional training and qualifications as may be needed for the risk assessed circumstances of their
appointment and unit role.
14100. DEL SHEF Advisers who have not yet acquired the USA qualification may be considered for
vacancies on the BFG USA Course. Applications are to be made through garrisons to HQ BFG SHEF.
Vacancies will normally only be considered after all military applications have been dealt with. Invariably,
such allocations will be made at very short notice. The course is intellectually demanding and bidding units
are to ensure that the applicant is interviewed by a qualified USA in order to confirm their suitability for the
training.
Audit and performance monitoring
14101. The Federal Office for Infrastructure, Environmental Protection and Services of the German Forces,
Competence Centre for Building and Construction Management 5 (abbreviated as BAIUDBw) are mandated,
as the Host Nation SHEF Regulators, to carry out a programme of audits to ensure that Sending States are
5
Renamed from WBV in Apr 2013
Part 1-Chapter 4
Page 15 of 27
fulfilling their SOFA treaty obligations to provide DEL with industrial safety standards equivalent to those
provided by the German Armed Forces, under Art 56(1) of SA to SOFA. The DEL workplaces of the British
Forces likely to be audited by the BAIUDBw are members of kitchen and vehicle maintenance staff, civilian
guard forces, office workers, logistic personnel (storehouses etc), drivers and those working on site
maintenance tasks such as estate maintenance etc.
14102. The scope of the BAIUDBw inspection includes inspection of properties, buildings and installations
where DEL are employed by the British Forces Germany and/or which are within the area of application of
the Federal Pollution Control Act (BImSchG) and the related statutory instruments.
14103. Defence Infrastructure Organisation has contracted Babcock Support Services Germany (BSSG) to
provide a wide range of facility and estate management. Regulatory responsibility regarding Health and
Safety at Work for BSSG employees lies in the first instance with BSSG who is subject to the regulatory laws
etc of the Federal Republic of Germany. The responsibilities regarding Health and Safety at Work for BSSG
employees lie, depending on location, with the Gewerbeaufsicht (Labour Inspectorate) in Lower Saxony, with
the Bezirksregierung (district government) in North Rhine-Westphalia and with the Verwaltungs-BG
(Institution for Statutory Accident Insurance and Prevention in the administrative sector).
14104. Any SHEF matters arising from BSSG’s conduct of its undertakings are primarily attended to by the
Host Nation authorities. BSSG, as a contactor on the estate used by BFG, is obliged to comply with the 4Cs
process set out in the BFG SHEF Manual Part 2 Leaflet 4. This includes the reporting to unit management of
any accidental, environmental or near miss incident which they have been involved in on any BFG
establishments. Any further investigation of such incidents will be determined under the process set out in
the BFG SHEF Manual Part 2 Leaflet 2.
14105. The Gewerbeaufsichtsamt is also liable to enter barracks to check on works being carried out by any
other contractors. Such visitors, which may be unannounced, are to be reported to Garrison HQ and to the
Site Estate Team Leader as soon as known so that the necessary 4Cs arrangements can be made.
14106. A rolling programme of inspection and audit visits by the BAIUDBw is arranged annually by HQ BFG,
SHEF with the BAIUDBw’s and Garrisons. The programme is published on the BFG SHEF website and
notified through GHSWE well in advance to units. The Question Set used by the Auditors is at Annex A.
14107. Prior to the audit, GHSWE are to visit the units and assist them with the preparation of information
and documents as shown at Annex C
14108. The span between visits will vary from 3 to 5 years, depending on risk assessment applied by
BAIUDBw. All units employing any DEL may thus expect to be audited at some time by the BAIUDBw who
will be accompanied by the GHSWE and the BFG LHSWE. Units are to enable such visits and co-operate
fully with the visiting team.
14109. The findings of each such visit are notified in a written report to HQ BFG. This report is translated
and then sent to the appropriate garrison for action. Recommendations in the report will ordinarily be based
on German Law, which must be complied with. Garrison are to ensure that all matters raised in the reports
are dealt with and refer those that cannot be managed at their level, or where there is a conflict, to HQ BFG,
SHEF.
Garrison duty to submit BAIUDBw audit progress report to HQ BFG
14110. Progress reports addressing action taken to comply with recommendations made by BAIUDBws are
to be submitted by gars to HQ BFG, SHEF at 3 monthly intervals after receipt of the report, in the format at
Annex D.
Part 1-Chapter 4
Page 16 of 27
Annex A – BAIUDBw Audit Question Set
General Details
Ser
No
A1
A2
A3
A4
A5
Garrison:
Barracks/Location
Date of inspection:
Subject/area of inspection
Organisational area (Unit/Dept)
Remarks
A6
A6.1
A6.2
A6.3
A6.4
A6.5
A6.6
A7
A7.1
A7.2
A7.3
A7.4
A7.5
A7.6
n/a
no
yes
Miscellaneous
Safety at Work / Technical Environmental Protection
Appointed persons w.e.f
Has a HSWE been appointed?
Has a Radiation Safety Advisor
(RSA) (radiation/ x-ray) been
appointed?
Has a Deputy RSA been appointed/
nominated?
Has a Laser Safety Advisor (LSA)
appointed/nominated?
Has a Deputy LSA been appointed/
nominated?
Safety Monitors
Occupational Health Care/First Aid
Appointed persons w.e.f
Has an Occupational Medical
Practitioner been
Have First Aiders been
Is training/continuation training for
First Aiders carried out?
Are skin protection plans made
available/displayed?
Note.
These types of plans are usually
required for workshops (eg REME)
and should be displayed in sanitary
areas (toilets/washing rooms).
Are health surveillance records
kept. ?
Are First Aid kits in place?
Are accident records maintained?
A8
Provisions/regulations
Part 1-Chapter 4
Page 17 of 27
A8.1
Are Stautory Regulations available?
A8.2
Are Accident Prevention
Regulations/Instructions from the
Accident Insurance carrier provided?
Are special (to be highlighted)
Statutory or Accident Insurance
Regulations applicable?
A8.3
A8.4
Are there programmes in place for
equipment requiring statutory test
and inspection?
A8. 5
Are laws subject to obligatory
display present?
(New and Expectant Mother
Protection Act; Employment of
Young Persons Act; Working Hours
Act; Equal Opportunities Act?
Are in-house regulations
Work Safety Regulations Directives
in place?
A8.6
A9
A9.1
A9.2
A9.3
A9.4
A9.5
A9.7
Committees/Meetings/Inspections/Accident Reports/Documentation etc.
Does the safety at work committee
meet on a regular basis?
(With more than 20 employees the
committee is to meet at least
quarterly)
Are health and safety at work
meeting minutes produced?
Are monitoring visits to workplaces
(by Unit or Dept) regularly
conducted?
Are follow up visits conducted?
Are annual briefings on safe working
practices given to employees?
[Article 12 Health and Safety at
Work Act];
if applicable: Article 14 Hazardous
Substances Ordinance;
BGI 527 “Safety through briefing”;
BGI 704 “Briefing”]
Are fire safety inspections carried
out on a regular basis?
A10
Best practice will be the provision of regular tool box
talks, details of which are recorded
GENERAL
Industrial works areas
(Installation checks and documentation)
Part 1-Chapter 4
Page 18 of 27
A10.1
Were risk assessments
(documentation) prepared?
[Articles 4-6 of the Health and Safety
at Work Act]:
A10.2
A10.3
A10.4
A10.5
A10.6
A10.7
A10.8
Articles 3 and 4 of the Works Safety
Ordinance(Betriebssicherheitsverord
-nung in conjunction with Technical
Regulations on Flammable
Substances [TRBS 1111 "Risk
Assessment"]
Are there site and operational areas
for which explosion prevention
documents are required?
[Articles 3, 6 and 27(1) of the
Workplace Safety Ordinance
Betriebssicherheitsverordnung]
Are works or procedures carried out
to which the level-of-protection
scheme (Steps 1-4) of the
Hazardous Substances Ordinance in
the risk assessments apply?
Do any employees carry out tasks or
procedures where they are exposed
to hardwood dust?
[Carcinogenic substances in
accordance with Article 3 Paragraph
2 No. 3 hazardous substances
ordinance – cf. TRGS 906)
Do any employees conduct tasks or
work in areas where they may be
exposed to diesel engine exhaust
emissions?
[Carcinogenic activities or
procedures in accordance with
article 3 paragraph 2 No. 3
Hazardous Substances Ordinance –
cf. TRGS 906]
Have Hazardous Substances
Registers been prepared?
Are there noise designated areas
[Threshold > 80/85 dB (A)]
in place?
Have qualified persons (specialists
or experts) been appointed for
examining equipment, installations
and work material been
[TRBS 1203 Qualified Persons]
Part 1-Chapter 4
Page 19 of 27
Annex B - Unit SHEF warden training
HQ BFG arranged training
1.
Environmental Courses Available:
a.
Unit Waste Manager/Waste Warden: Aim – To provide knowledge, understanding and
skills to improve the management of waste at unit level.
b.
Unit Pollution Control Officer: Aim – To provide practical guidance for the use at unit
level, in the prevention and control of spillages and pollution.
c.
Environmental Systems on Army Sites: Aim – To provide practical guidance for use at
unit level, so as to understand SD and its association with the EMSAS
2.
Basic industrial fire course (Held at Defence Fire & Rescue Service Training Centre, JHQ).
Course content:
a.
Check/report faults on all fire extinguishers held on MOD property.
b.
Check condition of fire hydrants within area of responsibility.
c.
Understand the chain of command for dealing with fire related matters.
d.
Fire prevention within the work place.
NB: Attendance on the course is essential, regardless of whether the individual has previously held
another or higher fire training qualification.
3.
Safety monitor course (Delivered by GHSWE).
Course content:
4.
a.
Legislative basis and role of Safety Monitors.
b.
Safety Monitor tasks.
c.
Safe working methods.
d.
Safe/unsafe conduct.
e.
Personal protective equipment.
f.
Dangerous working materials.
g.
Noise.
Energy warden workshop (Delivered in BFG by RAF Halton).
Course content:
a.
Energy and the environment - MoD policy and targets.
b.
Financial and environmental reasons for saving energy.
c.
Practical energy efficiency - focus on savings in work environment.
Garrison level in-house arranged training courses
Part 1-Chapter 4
Page 20 of 27
5.
H&S
(GHSWE)
a.
Principles of H&S law:
general duties.
civil and criminal law.
b.
Risk assessment:
definition of hazard/risk/significant risk.
hierarchy of risk control measures.
risk assessment .
record maintenance.
c.
Electricity at work:
principles of reducing danger to employees.
record maintenance.
d.
First aid at work:
reporting procedures.
contents of first aid boxes.
record maintenance.
e.
Accident reporting:
reporting procedures.
investigation of accidence.
record maintenance..
f.
Noise:
assessment of risk.
hearing protection.
noise hazard areas.
g. Personal protective equipment (PPE):
use and maintenance of PPE.
signage for PPE.
h. Additional training: based on site specific hazards.
6.
Energy management briefings (Garrison Energy Managers).
a.
Understanding of the BFG energy management structure.
b.
Energy and water consumption monitoring and targets.
c.
'Good Housekeeping' within barracks.
d.
Basic energy and water saving measures (works) within barracks.
Part 1-Chapter 4
Page 21 of 27
Annex C – How to prepare for a BAIUDBw Audit
How to prepare for a BAIUDBw audit
1.
The technical inspectorate of the Bundeswehr, Wehrbereichsverwaltung (BAIUDBw) are mandated to
audit all units where DEL are employed. This will be done to a previously agreed programme, notified well in
advance to the unit. Units are strongly advised to contact their garrison DEL HSWA for advice prior to the
audit.
2.
Prior to the audit line managers are to prepare the following information:
a.
Name and title of head of department.
b.
Names of DEL employees within each department and their trades.
c.
Names of civilian safety monitors (Sicherheitsbeauftragten) and qualification date.
d.
Names of first aiders (Ersthelfer) and their qualification date.
3.
The following documents are to be either updated or produced if not already in place (if relevant).
They are to be signed by the dept head or line manager:
a.
Head of department safety statement/commanding officer’s safety statement in German and
English. These are to be displayed on HSW notice boards.
b.
Risk assessments (Gefahrdungsbeurteilungen) to be completed for each trade or employment
using the German methodology.
c.
COSHH Assessments using the German methodology and Safety Data Sheets for all hazardous
substances used by staff.
d.
Training records.
e.
Manual handling training records.
f.
Electrical inspection registers for portable and semi-portable equipment.
g.
Inspection records or registers for steps, ladders, racking etc showing last test date.
h.
PPE register showing items used and last inspection date.
i.
Revised Accident Book (MF 510) and where information is held.
j.
Department/machine/trade information (Betriebsanweisungen) displayed at workplace.
k.
Emergency plan/alarm plan to be displayed.
l.
Accident procedures for DEL employees must also be displayed on notice boards. This is to
include a list of transit doctors (Durchgangsärzte).
m.
HN workplace regulations.
n.
Fire equipment check records.
o.
Display Screen Equipment (DSE) Assessments. These are to be completed for all users.
p.
Skin care plans. (Hautschützpläne).
Part 1-Chapter 4
Page 22 of 27
Annex D - BAIUDBw audit progress report to HQ BFG
BAIUDBw AUDIT PROGRESS REPORT TO HQ BFG
Garrison…………………………..
Ser
(a)
Unit/Dept
(b)
BAIUDBw Report No...................................................
Deficiency
(c)
Action taken
(d)
Submitted by:
Name:
Appointment:
Signature:
Date:
Part 1-Chapter 4
Page 23 of 27
Date of visit............................................
Remarks
(e)
Annex E –Letter of appointment as a Safety Monitor (German version)
Bestellung zum Sicherheitsbeauftragten
gemäß §22 SGB VII, §20 der Unfallverhütungsvorschriften GUV-V A1
Sehr geehrte Frau / geehrter Herr
Wir bestellen Sie hiermit für die Abteilung/den Bereich*
zum/zur Sicherheitsbeauftragter
Zu Ihren Aufgaben gehören:
 den Unternehmer oder dessen Vertreter bei der Durchführung der Maßnahmen zur Verhütung von
Arbeitsunfällen, Berufskrankheiten und arbeitsbedingten Gesundheitsgefahren zu unterstützen,
 sich vom Vorhandensein und der ordnunBFGemäßen Benutzung der vorgeschriebenen
Schutzeinrichtungen und persönlicher Schutzausrüstungen zu überzeugen und
 auf Unfall- und Gesundheitsgefahren für die Versicherten aufmerksam zu machen
Der Sicherheitsbeauftragte darf wegen der Erfüllung der ihm übertragenen Aufgaben nicht benachteiligt
werden.
Gesetzestext und weitere Hinweise befinden sich auf der Rückseite.
Wir bitten Sie, zum Zeichen Ihres Einverständnisses die beigefügte Zweitschrift zu unterschreiben und an
die Personalabteilung (________ GLSU) zurückzugeben. Das Original behalten Sie bei Ihren Unterlagen.
Mit freundlichen Grüßen
Unternehmer bzw. Bevollmächtigten (GLSU)
Datum (Date)
Abteilungsleiter (Departmental Head)
Datum (Date)
Ich bin mit meiner Bestellung einverstanden
Sicherheitsbeauftragte
Datum (Date)
*) Nichtzutreffendes streichen
Part 1-Chapter 4
Page 24 of 27
Gesetzestexte und weitere Hinweise
§ 22 des Siebten Buches Sozialgesetzbuch (SGB VII)
(1) In Unternehmen mit regelmäßig mehr als 20 Beschäftigten hat der Unternehmer unter Beteiligung des
Betriebsrates oder Personalrates Sicherheitsbeauftragte unter Berücksichtigung der im Unternehmen für die
Beschäftigten bestehenden Unfall- und Gesundheitsgefahren und der Zahl der Beschäftigten zu bestellen. ...
(2) Die Sicherheitsbeauftragten haben den Unternehmer bei der Durchführung der Maßnahmen zur Verhütung
von Arbeitsunfällen und Berufskrankheiten zu unterstützen, insbesondere sich von dem Vorhandensein und der
ordnunBFGemäßen Benutzung der vorgeschriebenen Schutzeinrichtungen und persönlichen
Schutzausrüstungen zu überzeugen und auf Unfall- und Gesundheitsgefahren für die Versicherten aufmerksam
zu machen.
(3) Die Sicherheitsbeauftragten dürfen wegen der Erfüllung der ihnen übertragenen Aufgaben nicht
benachteiligt werden.
§ 20 der Unfallverhütungsvorschrift „Grundsätze der Prävention“ (GUV V-A1)
(1) ...(Bestellpflicht des Unternehmers)
(2) ...(Aufgaben des Sicherheitsbeauftragten nach § 22 SGB VII)
(3) Der Unternehmer hat den Sicherheitsbeauftragten Gelegenheit zu geben, ihre Aufgaben zu erfüllen,
insbesondere in ihrem Bereich an den Betriebsbesichtigungen sowie den Untersuchungen von Unfällen und
Berufskrankheiten durch die Aufsichtspersonen der Berufsgenossenschaften teilzunehmen; den
Sicherheitsbeauftragten sind die hierbei erzielten Ergebnisse zur Kenntnis zu geben .
(4) Der Unternehmer hat sicherzustellen, dass die Fachkräfte für Arbeitssicherheit und Betriebsärzte mit den
Sicherheitsbeauftragten eng zusammenwirken.
(5) Die Sicherheitsbeauftragten dürfen wegen der Erfüllung der ihnen übertragenen Aufgaben nicht
benachteiligt werden.
(6) Der Unternehmer hat den Sicherheitsbeauftragten Gelegenheit zu geben, an Aus- und
Fortbildungsmaßnahmen der Berufsgenossenschaft teilzunehmen, soweit dies im Hinblick auf die
Betriebsart und die damit für die Versicherten verbundenen Unfall- und Gesundheitsgefahren sowie unter
Berücksichtigung betrieblicher Belange erforderlich ist.
Weitere Hinweise:
Der Sicherheitsbeauftragte hat die Aufgabe, in seinem Arbeitsbereich Unternehmer und Führungskräfte
sowie seine Kollegen
 bei der Durchführung des Arbeitsschutzes zu unterstützen,
 anstöße für eine Verbesserung der Sicherheit und der Gesundheit zu geben und
 über Sicherheitsprobleme zu informieren.
Der Sicherheitsbeauftragte
 besitzt keine Weisungsbefugnis gegenüber seinen Kollegen.
 soll beraten und helfen.
 begegnet den Mitarbeitern von Kollege zu Kollege.
 erkennt als Erster sicherheitstechnische Probleme und Mängel am Arbeitsplatz.
 kann als Erster auf deren Beseitigen hinwirken.
 ist vor Ort der Ansprechpartner der Kollegen in allen Fragen des Arbeitsschutzes.
Zu den besonderen Aufgaben des Sicherheitsbeauftragten gehört es,
 auf den Zustand der Schutzeinrichtungen und deren Benutzung zu achten.
 auf den Zustand der persönlichen Schutzausrüstungen und deren Benutzung zu achten.
 sicherheitstechnische Mängel dem Vorgesetzten zu melden.
 mitarbeiter über den sicheren Umgang mit Maschinen und Arbeitsstoffen zu informieren.
 sich um neue Mitarbeiter zu kümmern.
 an Betriebsbegehungen und Untersuchungen von Unfall- und Berufskrankheiten teilzunehmen.
Part 1-Chapter 4
Page 25 of 27
Annex F –Letter of appointment as a Safety Monitor (English version)
Appointment as safety monitor
According to Article 22 of German Security Code Book VII, Article 20 of Accident Prevention
Regulations “Basic Principles for Prevention” (GUV-VA1)
Mr / Mrs
will be appointed for the department(s)
of Unit
(Name and address of unit)
as Safety Monitor.
His/her responsibilities are in particular:

to support the employer or his representative in the implementation of measures to prevent
accidents at work, occupational diseases and work related health risks,

to check the existence and the correct use of prescribed safety systems and personal protective
equipment,

to make the insured aware of the dangers of accidents and health hazards.
Safety Monitors must not be disadvantaged due to the fulfilment of the tasks assigned to them.
More guidance and the legal wording can be found on the reverse of this document.
Employers Signature GLSU
Date
Signature of Departmental Head
Date
I agree to my appointment
Safety Monitor
Date
Part 1-Chapter 4
Page 26 of 27
Article 22 of Social Security Code seven (SGB VII):
(1) In companies, who regularly employ more than 20 employees, the employer under participation of the
works/staff council must appoint a Safety Monitor.
(2) Safety Monitors are responsible for supporting the employer in the implementation of measures for the
prevention of work related accidents and occupational diseases, especially they must verify the
existence and the correct use of prescribed protective devices and personal protective equipment and
make the insured aware of accident risks and health hazards.
(3) Safety Monitors must not be disadvantaged due to the fulfilment of the tasks assigned to them.
Article 20 of Accident Prevention Regulations “Basic principles of prevention” (GUV-V A1):
(1) …(the employer’s duty to appoint)
(2) …(responsibilities of Safety Monitors according to Article 22, German Social Security Code VII)
(3) The employer must give Safety Monitors the opportunity to fulfil their tasks and in particular allow them
to participate in site inspections and in the investigation of accidents and occupational diseases in their
area, that are carried out by supervisory staff of statutory accident insurers for the private and public
sectors, whereby Safety Monitors must be advised of the obtained results.
(4) The employer must ensure that works safety experts and company physicians co-operate closely with
Safety Monitors.
(5) Safety Monitors must not be disadvantaged due to the fulfilment of the tasks assigned to them.
(6) The employer must give Safety Monitors the opportunity to take part in education and training measures
arranged by statutory accident insurers for the private and public sectors, in so far as this is required in
respect of the nature of the establishment and associated accident risks and health hazards as well as
in consideration of operational concerns.
Additional notes:
In their areas Safety Monitors have the following responsibilities regarding employers and managers as well
as colleagues:
 They must support them in implementing health and safety at work.
 They must provide impetus for improvements in health and safety.
 They must give information on safety issues
Safety Monitors






have no authority to give instructions to colleagues.
must give advice and support.
communicate with colleagues peer-to-peer.
are first in recognising safety related problems and workplace deficiencies
are the first who work towards rectification of the latter.
are the point of contact on the ground, concerning all queries regarding health and safety.
Special responsibilities of Safety Monitors include:






looking after the condition of safety systems and their use.
watching over the condition of personal protective equipment and its use.
reporting safety related deficiencies to the Line Manager.
informing colleagues of the safe handling of machines and working materials.
taking care of new colleagues.
taking part in site inspections and investigations of accident/occupational diseases
Part 1-Chapter 4
Page 27 of 27

Pt 1 Ch 4 Health and Safety for Directly Employed Labour

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