382 4 what does that mean

Hazardous substances - changes in three ordinances in Federal Law Gazette II 382/2020

The changes in accordance with BGBl. II 382/2020 of the Limit Value Ordinance 2018-GKV 2018, the Ordinance on Health Monitoring at Work-VGÜ 2017 and the Ordinance on Biological Agents-VbA concern Companies in which dangerous working materials are handled.

The main changes are:

1. Change to the Limit Value Ordinance -> Limit Value Ordinance 2020 - GKV

Information of the employees §8 paragraph 4

The doctor or authority responsible for monitoring the health of workers may indicate that health monitoring should be continued after the end of exposure for as long as he or she is responsible for the protection of health the employee concerned considers necessary.

Air recirculation section 15 (4)

A MAK value has been set for quartz fine dust as a clear carcinogenic agent. Therefore - as with formaldehyde - an exception to the ban on circulating air was provided if certain limit values ​​are not permanently exceeded.

Special provision for wood dust, Section 16, Paragraph 2, Item 3

If the determination and assessment of hazards shows that the limit value of 2 mg / m³ cannot be complied with at a workplace due to the use of one of the woodworking machines listed in Section 16 (3) GKV, the following applies at this workplace, among other things:

  • For softwood dust (dust from coniferous woods) TRK value of 5 mg / m³
  • For hardwood dust (dust from hardwoods) TRK value of 3mg / m³ until January 17, 2023, after which the TRK value of 2 mg / m³ generally applies

Transitional provisions Section 33 (5)

According to Annex III of the amending directive (EU) 2017/2398, a limit value of 0.005 mg / m³ (elemental chromium) is set as the daily mean value for chromium (VI) compounds. Since the new limit value cannot be complied with in some areas at such short notice, the guideline defines a transition period until January 17, 2025, during which a limit value of 0.010 mg / m³ applies as the daily average. For welding or plasma cutting work or similar work processes, a limit value of 0.025 mg / m³ applies as the daily mean value during the transition period.

In the GKV, the limit value for chromium (VI) compounds is calculated as chromium trioxide (CrO3), which is why the limit values ​​(E) are twice as high.

TRK value of chromium (VI) compounds until January 17, 2025:

  • for all work as a daily mean value: 0.02E mg / m³ inhalable fraction
  • for welding or plasma cutting work or similar smoke-generating work processes as a daily mean value: 0.05E mg / m³ inhalable fraction

List of substances - Annex I / 2018

The currently valid limit value (TMW and / or KZW) was lowered for eight substances.

Chromium (VI) compounds; Fine quartz dust; Vinyl chloride; Ethylene oxide; 1,2-epoxy propane; 1,3-butadiene; Hydrazine; Bromoethene

A TRK value for refractory ceramic fibers recorded.

Definition of a MAK value for Fine quartz dust of 0.05 mg / m³ A in Appendix I of the GKV.

Change in Annex I of the GKV regarding Wood dust in the Comments and clarification column that the list in Appendix V of woods whose dusts are clearly carcinogenic is not an exhaustive list).

List of carcinogenic substance groups and substance mixtures - Annex III / C

Addition: "Respirable dusts of crystalline silicon dioxide (fine quartz dust)that occur during work in which there is exposure to fine quartz dust as a result of a work process are clearly considered to be carcinogenic ”.

For further changes in Annexes I, III, V and VI, see regulation.


2. Amendment of the Ordinance on Health Monitoring at Work 2017-VGÜ 2017:

Fine quartz dust was classified as a clearly carcinogenic substance and given a MAK value in the GKV.

Since not all employees are exposed to the effects of fine quartz dust, the mandatory examinations for fine quartz dust were made easier.

Excluded from the obligation to examine are activities in which employees are exposed to the effects of fine quartz dust for an average of one working week for no more than 1 hour per working day, if this is evident from an evaluation. (Section 2 Paragraph 3 Z1).

Further exceptions to the obligation to examine (Section 2, Paragraph 3a) For activities involving exposure to fine quartz dust, the following are:

  • compliance with the MAK value is demonstrated by means of a representative measurement or comparative data, and
  • the exposure of workers is kept as low as possible by the protective measures to be taken.


3. Amendment of the Ordinance on Biological Agents - VbA:

Amendment of Appendix 2 under B viruses:

The entry for "Coronaviridae" in all 3 columns is replaced by:

Viruses Risk group Note
Severe-Acute-Respiratory-Syndrome-Related-Coronavirus-2 (SARS-CoV-2) (1) 3  
Other coronaviridae