The recently adopted amendment to the Hazardous Substances Ordinance is causing intense debate in the construction industry. Above all the Cancellation of the exploration obligation in building renovations has caused many concerns, as this change could potentially jeopardise the health of construction workers. What does this mean for companies working in the construction industry and what could the long-term consequences of this decision be? In the following article, we take a deeper look into the current changes, the controversies and the possible consequences.

What has changed in the Hazardous Substances Ordinance?

On 21 August 2024, the amended Hazardous Substances Ordinance and one of the central changes concerns the cancellation of the Duty of enquiry for building owners during renovation work. But what does that mean? Before the statutory amendment to the Hazardous Substances Ordinance, it was the responsibility of building owners to check whether potentially hazardous substances such as asbestos were present on the construction site or in the building before starting refurbishment work. With the new ordinance, this responsibility is now completely transferred to the construction companies transferred. This means that the construction companies themselves must ensure that hazardous substances such as asbestos are present on the construction site before they start work.

This change has been widely criticised, as many construction companies simply do not have the necessary expertise or technical equipment to carry out a thorough hazardous substance test. In the future, smaller companies in particular will presumably find themselves in situations where they are unable to properly assess the risks on construction sites, which could jeopardise both the company and the construction workers and ultimately also those who will later work and live in the completed buildings for long periods of time. One example of this that still concerns us today is asbestos.

The invisible danger of asbestos

Asbestos is a mineral material that was widely used in building materials until the 1990s. Although it is now banned, asbestos is still present in many older buildings. The problem: as soon as asbestos fibres are released - for example during demolition work - they enter the lungs via the respiratory tract, where they can cause serious illnesses such as Lung cancer or the often fatal Mesothelioma can cause. The dangerous fibres remain invisible for a long time and are only released when construction work damages the asbestos-containing building material.

Statistics show that in Germany, around 1,500 people die every year as a result of exposure to asbestos. This figure illustrates the seriousness of the risk to which construction workers are exposed. An incorrect assessment of the situation on the construction site due to a lack of technical equipment or expertise can therefore have devastating and irreversible health consequences.

Practical example: Risks when renovating old buildings

Imagine a construction company that is commissioned to renovate an old school that was built in the 1970s. Before the regulation, the client would have had to ensure that no hazardous substances such as asbestos were present before the company was allowed to start the refurbishment. Now, the construction company itself must determine whether and to what extent asbestos is present in the building.

This poses a major problem for the company: It has neither the necessary expertise nor the technical equipment to carry out asbestos testing. If the company starts work without sufficient analysis, it could inadvertently release asbestos and endanger the health of employees and others involved. The economic pressure to continue with the work will almost certainly lead some companies to fail to identify any risks or to ignore them, which can lead to significant long-term damage - both in terms of health and legally.

Criticism and concerns from the construction industry

The construction industry and trade unions reacted quickly and expressed their concerns about the cancellation of the exploration obligation. Felix Pakleppa, Managing Director of the Central Association of the German Construction Industry (ZDB), sharply criticises the new regulation. In his opinion, it is unrealistic to expect construction companies to be able to carry out professional hazardous substance testing without the necessary resources. Small and medium-sized companies in particular could face considerable problems here.

Labour unionssuch as IG Bau, are also expressing their concern. They describe the regulation as a "scandal", as it exposes the health of construction workers to an unnecessary risk. Without a clear obligation to investigate, the number of illnesses caused by asbestos exposure could rise significantly in the coming decades. This is particularly explosive as asbestos-related illnesses often only occur after many years and are then difficult to treat.

Long-term consequences for occupational health and safety

The effects of the new Hazardous Substances Ordinance on occupational health and safety could be serious in the long term. Without a mandatory duty of investigation and clear responsibilities, the risk of employees in construction companies unknowingly coming into contact with hazardous substances such as asbestos increases. In the long term, this could lead to an increase in serious illnesses and even deaths. In addition, the regulation leads to a further shift of responsibility to companies that are often neither financially nor technically able to carry out a comprehensive hazardous substance test. This will most likely lead to companies having to invest more in training and equipment in order to fulfil the new regulations. However, smaller companies in particular will find it difficult to shoulder these additional burdens.

Conclusion: A critical step backwards in occupational safety?

The article shows the reasons why the changes to the Hazardous Substances Ordinance are largely viewed critically in the construction industry. Many experts from the construction industry and trade unions are now calling for the ordinance to be amended in order to bring occupational health and safety back into focus. It remains to be seen to what extent the critical voices will be heard and a solution will be found that takes into account both the interests of construction companies and the health of people.

FAQS

What will change as a result of the Hazardous Substances Ordinance 2024?
The new Hazardous Substances Ordinance shifts the responsibility for testing for asbestos from building owners to construction companies. They must now ensure themselves that no hazardous substances such as asbestos are present on the construction site.

Why is the cancellation of the exploration obligation problematic?
The removal of the obligation to investigate has been criticised by experts and trade unions, as construction companies often do not have the necessary resources and specialist knowledge to correctly identify asbestos. This could jeopardise the health of construction workers.

What health risks are associated with asbestos?
If released, asbestos fibres can cause serious illnesses such as lung cancer or mesothelioma. The cancellation of the obligation to investigate increases the risk of construction workers unknowingly coming into contact with asbestos.