Violations of cleanliness and order in the laboratory are not subject to fines by law
Dr. Petra KauchShare
According to Section 14 of the Genetic Engineering Safety Ordinance (GenTSV), the project manager is generally responsible for compliance with the protective provisions of Section 9 of the Genetic Engineering Ordinance. Their duties therefore also include adhering to good laboratory practice in the laboratories. However, if deficiencies in cleanliness and order occur in practice, this does not automatically result in the project manager being subject to a fine. The law does not provide for a fine to be imposed on the project manager. The wording of the catalogue of fines in the Genetic Engineering Safety Ordinance is directed exclusively at the operator. This makes it clear that a violation by the project manager is not intended to be sanctioned. The Genetic Engineering Act only provides for a fine if specific requirements have been expressly included as a condition for the project manager in a notice or have been issued as a standalone order. Since the obligations are generally not specified in individual notices, the project manager does not have a specific duty that could lead to a fine in the event of a violation.
If you are threatened with a fine for deficiencies in cleanliness and order, it is therefore worthwhile to seek legal advice. This is especially true because fines imposed on the project manager can have consequences for their reliability.
This publication can also be found on the website of the law firm Dr. Kauch .