Does the appointment/dismissal of the BBS require co-determination by the staff council?

However, there are numerous higher court rulings regarding other safety officers within the meaning of Section 42 Paragraph 4 No. 7 LPVG NRW (exemplary). For example, regarding the appointment of radiation protection officers and radiation protection representatives (Section 31 Paragraph 1 StrSchV).

*According to Section 42, Paragraph 4, No. 7 of the North Rhine-Westphalian Workplace Safety Act (LPVG), the staff council has a say in measures to prevent occupational and work-related accidents and other health impairments. This provision grants the staff council influence over occupational health and safety precautions. The appointment of radiation protection officers is such a precaution because it specifically and directly serves – also – the occupational health and safety of employees in a company. Radiation protection officers assume the specific on-site supervision of such licensed facilities... from which, as a result of ionizing radiation, concrete and significant health risks could arise for all persons in the vicinity of the facility or substance. In this sense, the radiation protection officer is responsible for protecting the persons employed in the company from accidents and health impairments resulting from radiation exposure. *

This argument can be applied directly to the BBS. Among those responsible for a genetic engineering facility (operator, PL, BBS), the PL is primarily responsible for genetic engineering work (Section 3 No. 8 GenTG). The genetic engineering facility, however, is primarily assigned to the operator (Sections 6 and 8 ff. GenTG). The operator, in turn, must seek advice from the BBS regarding the genetic engineering facility and the work of the PL, with the BBS also reviewing the PL's work. In this respect, it can also be said of the BbS that, as a position of trust held by the operator, it conveys to the operator any lack of knowledge of the genetic engineering facility and genetic engineering work. Section 31 Paragraph 1 GenTSV even specifies in detail which safety-relevant issues the BBS must advise on. Its duty to advise extends to risk assessment, the maintenance of facilities, the procurement of new facilities and operating resources, the selection and testing of personal protective equipment, and the introduction of procedures for the use of GMOs. In these matters, he must also inform the staff council upon request, whereby the affinity with the staff council is already expressed in the law.