Applying for exemption from basic obligations and protective measures in the commercial handling of hazardous substances

If you wish to deviate from the provisions of the Hazardous Substances Ordinance, you must apply for an exemption from the competent authority.

Certain protective measures of the Hazardous Substances Ordinance may lead to disproportionate hardship in individual cases. Upon written application, exceptions to the Hazardous Substances Ordinance may be granted if the application of the regulations would lead to disproportionate hardship in individual cases. The exception must be justifiable in terms of safety and compatible with the protection of employees and other persons.

Responsibility lies with the regional councils (RP).

Please enter a city or zip code in the city / town input field to see the responsible contact person.

• From which section and paragraph should a derogation be requested?
• The reason for requesting the exception.
• What is the reason for the disproportionate hardship?
• the annual quantity of the hazardous substance to be used,
• the activities and processes involved,
• the number of employees likely to be affected,
• the planned measures to ensure the health and safety of the employees concerned,
• the technical and organizational measures to be taken to reduce or prevent employee exposure.
  

The application of the provision leads to disproportionate hardship in individual cases, which is the reason for applying for the exception.

§ 19 paragraph 1 of the GefStoffV

The legal remedy will be communicated in the notification.

• Application,
• Examination,
• Decision

It must be taken into account that if an exception to the paragraphs of the Ordinance on Protection against Hazardous Substances is applied for, as a result of which the protective measures cannot be complied with, the inclusion may only take place after the notification.
(Section 7 (2) GefStoffV in conjunction with Section 19 (1) No. 5 GefStoffV)

Shortly after receipt of application

Fees and expenses are incurred.