Germany's Revised Chemical Safety Law Puts Carcinogens on a Traffic Light and Mandates Mental Health Checks

A sweeping update to Germany's Hazardous Substances Ordinance (GefStoffV), in force since February, introduces a colour-coded risk system for cancer-causing agents and forces employers to systematically address psychological strain — marking a significant expansion of workplace safety obligations for businesses of all sizes.

The reform’s centrepiece is a three-tiered assessment modelled on traffic lights: green for concentrations below an acceptance threshold, yellow for levels between the acceptance and tolerance limits, and red when concentrations exceed the tolerance boundary, requiring immediate protective measures. The strictest provisions target asbestos, which now faces an outright ban on covering, cleaning and coating. Any asbestos work must be reported to authorities and may only be carried out by personnel with certified expertise.

Beyond chemical hazards, the revised rules embed mental health into the mandatory risk assessment framework. In May, the Federal Institute for Occupational Safety and Health (BAuA) updated its hazard assessment handbook, adding expanded chapters on psychosocial stress. Employers must now systematically record these factors, with works councils holding co-determination rights. The urgency of the move was underscored by a recent report from the German Social Accident Insurance (DGUV) finding that one in four employees had witnessed problematic substance use at work over the past two years, with transport, logistics and social welfare sectors worst affected.

Paragraph 6 of the ordinance makes the hazard assessment the central tool. Companies must verify whether dangerous substances can be replaced with less harmful alternatives and document the specific protective measures adopted along with their rationale. Assessments must be updated whenever workplace conditions change, and a full effectiveness check is required every three years regardless. To assist, the BAuA offers the Simple Hazardous Substances Control Concept (EMKG). External consultants provide basic packages covering up to 25 substances from €490 net, provided the company already maintains an up-to-date inventory.

While Germany tightens its hazardous substances rules, UK businesses have their own legal duties under COSHH that demand thorough, documented risk assessments. Keeping these assessments current across multiple substances can be time?consuming – but a free COSHH Risk Assessment Toolkit provides 43 ready?to?use templates, checklists and toolbox talks to simplify compliance. Download the free COSHH Toolkit

Ongoing employee training is now mandated under Paragraph 14, with at least one briefing per year. Digital systems are gaining traction, enabling centralised planning, control and legally compliant documentation. The updated DGUV Rule 100-001 also emphasises event-driven training. While general content such as GHS pictograms or the STOP principle can be delivered online, the on-site, workplace-specific oral component remains compulsory.

Experts advise companies to integrate psychosocial health and prevention offerings firmly into their safety concepts. The new regulation provides the legal framework to do so, but enforcement will depend on how rigorously employers translate the written obligations into daily practice.

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