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New version of DGUV Regulation 38 "Construction Work" in force since 01 April 2020
A completely revised version of the accident prevention regulation "Construction Work" came into force on 1 April 2020 as DGUV Regulation 38. According to BG Bau, the new regulation formulates the requirements for safe construction work more clearly, concisely and precisely.
UVV Bauarbeiten, which has also been referred to as DGUV Regulation 38 since May 2014, originated in 1977 (then as BGV C 22) and was last revised in 2012, taking into account European law and the Social Code. The background for a separate accident prevention regulation for the construction industry are industry-specific peculiarities such as activities on changing construction sites, the changing conditions with the progress of construction, the changing weather conditions, regularly new project participants and infrastructures - but also the generally high accident occurrence.
The new UVV Bauarbeiten, entitled "Bauarbeiten - DGUV Vorschrift 38", was developed in an intensive process involving experts from the Berufsgenossenschaft der Bauwirtschaft (BG BAU), the Deutsche Gesetzliche Unfallversicherung (DGUV), the social partners in the construction industry and government agencies.
The new UVV Bauarbeiten has been considerably streamlined so that the original 75 paragraphs on 41 pages of the original version have been condensed to just 13 paragraphs on 14 pages in the current version. According to BG Bau, the new regulation thus formulates the requirements for safe work on construction sites in a clearer, more concise and more precise manner. What is new is that the UVV Bauarbeiten will in future also apply to companies without employees (solo self-employed workers) and to building owners who carry out non-commercial construction work on their own account vis-à-vis their construction assistants.
In the new version, the provision is limited to the areas of
§ 1. scope of application (1997 version: § 1)
§ 2 Definitions (1997 version: § 2)
§ 3. management, supervision and safeguarding tasks (1997 version: §§ 4, 5)
§ 4. Instructions (1997 version: §§ 17, 20 (3))
§ 5. stability and load-bearing capacity (1997 version: § 6)
§ 6 Existing installations and traffic hazards (1997 version: §§ 15, 16)
§ 7. operation of self-propelled work equipment and vehicles on construction sites
§ 8. traffic routes and workplaces (1997 version: §§ 7, 8, 9, 10, 11)
§ 9. crash (1997 version: § 12)
§ 10. Securing openings and recesses (1997 version: § 12a)
§ 11. falling objects (1997 version: §§ 13, 14)
§ 12. administrative offences (1997 version: § 74) and
§ 13. entry into force / expiry (1997 version: § 75)
have been summarised.
According to information from BG Bau, explanations of the contents of regulation 38 are to be provided in a DGUV rule that will be published in the course of 2020.
Additional provisions that were considered in the previous version of UVV Bauarbeiten, such as for underground construction work, are dealt with in separate DGUV rules (here 101-007).
The current document is available for download at
https://www.bgbau.de/fileadmin/Medien-Objekte/Medien/DGUV-Vorschriften/38__BGV_C22_/38.pdf
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