Definition and legal basis
The operating instruction (German: Betriebsanweisung, BA) is a written, workplace-specific instruction from the employer to their employees. It informs in understandable form and language about hazards, protective measures and behavior in an emergency.
Legal basis: §14 paragraph 1 of the Hazardous Substances Ordinance (GefStoffV) obliges the employer. The Technical Rule for Hazardous Substances TRGS 555 details the contents. Additionally, §12 Occupational Safety Act (ArbSchG) covers instruction.
Addressee: all employees who handle the hazardous substance or work in the danger area – including temporary workers, helpers and apprentices.
What belongs in an operating instruction
1. Workplace, activity, substance: where, with what, what is being done.
2. Hazards to people and environment: GHS pictograms, signal word, H/P phrases, acute and chronic effects.
3. Protective measures and behavior rules: technical, organizational and personal protective measures (TOP principle), PPE, hygiene.
4. Emergency procedures: in case of fire, leakage, skin contact, inhalation, ingestion.
5. First aid: immediate measures, medical care, antidotes.
6. Proper disposal: container type, waste code, disposer.
7. Consequences of non-compliance: legal and health consequences.
Who must create the operating instruction?
The employer is responsible. They can delegate creation – to an occupational safety specialist (SiFa), an external consultancy or an AI tool like MeineGBU. But responsibility for correctness and posting remains with the employer.
The operating instruction must be created based on the risk assessment (§5 ArbSchG / §6 GefStoffV) and relate to the specific work process. It is not a generic manufacturer's data sheet, but a workplace-specific document.
Posting and documentation
Affected employees must be able to access the instruction. An accessible posting near the workplace is one possible arrangement; an inaccessible filing location does not help employees.
It is the basis for the annual instruction (§14 GefStoffV in conjunction with §12 ArbSchG). The instruction must be documented (attendance list, date, content). MeineGBU can help prepare a presentation; your business remains responsible for delivery and records.
On any change – new substance, new procedure, new findings – the operating instruction must be adapted immediately. Review its currency regularly.
Consequences of missing or incorrect operating instructions
Missing or unsuitable instructions may lead to enforcement action and, depending on the circumstances, penalties. The legal assessment depends on the individual case.
Personal liability and recourse depend on the circumstances, breaches of duty and applicable legal requirements. A missing instruction alone does not establish a general liability outcome.
Reputation damage: regulatory orders or accidents negatively affect external perception and insurability.