Fines in the new Biological Agents Ordinance 2013

Similar to the Genetic Engineering Act and the Genetic Engineering Safety Regulations, the new Biological Agents Ordinance 2013 also contains provisions for fines. These are located in Section 20 of the BioStoffV and comprise a total of 26 sections. The context in which the Biological Agents Ordinance was enacted alone suggests that the fines are primarily directed at employers. The background to this statement is that it is a legal basis originating from the area of ​​occupational safety and health and was issued by the Ministry of Labor and Social Affairs. Accordingly, in contrast to the Genetic Engineering Act and the Genetic Engineering Safety Regulations, occupational safety is the focus of the new Biological Agents Ordinance 2013. Ensuring occupational safety and health is primarily the responsibility of the employer. Accordingly, the content of the fines is entirely directed at the employer. In particular, violations of risk assessments and equipment requirements, as well as violations of the notification requirement and the new licensing requirement, are punishable by fines. Anyone who undertakes an activity requiring a permit without permission or who does not file a report, does not file a report correctly, does not file a report completely or does not file a report on time can be fined.

This publication can also be found on the website of the law firm Dr. Kauch .