Gefahrstoffrecht

Gefahrstoffrecht is the branch of law that governs hazardous substances and preparations, including their classification, labeling, packaging, risk assessment, and handling. It aims to protect human health and the environment in workplaces and in broader public contexts by providing rules for communication of hazards and for safety measures.

The legal framework operates at both European and national levels. In the European Union, the Classification, Labelling and Packaging (CLP) Regulation and the REACH Regulation establish rules for hazard communication, registration, evaluation and, where appropriate, authorization or restriction of chemicals. In Germany, national instruments implement and adapt these requirements, notably the Hazardous Substances Act (GefStG) and the Hazardous Substances Ordinance (GefStoffV). The GefStoffV governs classification, labeling, packaging, and the provision of safety data sheets, as well as storage, handling, and exposure assessment in workplaces, supplemented by technical rules (TRGS) for practical handling. The Wassergefährdungsklassen (WGK) system classifies substances by their potential to pollute water. For transport of dangerous goods separate rules, such as ADR, apply alongside general Gefahrstoffrecht.

Obligations under Gefahrstoffrecht include duties for manufacturers and importers to classify substances, label them with EU hazard pictograms and statements, and provide Safety Data Sheets. Downstream users must conduct risk assessments, implement protective measures (ventilation, containment, PPE), and ensure proper storage, disposal, and emergency procedures. Employers are responsible for training and documentation, while consumer safety is addressed through labeling and information requirements.

Enforcement rests with federal and state authorities, with penalties, recalls, or prohibitions for noncompliance. See also CLP Regulation, REACH, GefStG, GefStoffV, TRGS, and ADR.