Explosion protection; application for official recognition of a person qualified to carry out inspections in accordance with the Ordinance on Industrial Safety and Health (Betriebssicherheitsverordnung)
Qualified persons who wish to carry out an inspection after a repair with regard to a part on which explosion protection depends must be officially recognized.
Equipment, protective systems or safety, monitoring or control devices within the meaning of the ATEX Directive (2014/34/EU) may only be put back into operation after repair with regard to a part on which the explosion protection depends after it has been established within the scope of a test that the part complies with the requirements specified with regard to the features essential for explosion protection. In addition to an approved inspection agency, this inspection may also be carried out by a person qualified to carry out inspections in accordance with Annex 2, Paragraph 3, No. 3.2 of the Ordinance on Industrial Safety and Health with official recognition.
Recognition is granted on a person- and company-specific basis for the intended place of operation. The following information must be provided:
- Information about the applicant
- Address of the operating site or operating department in which the person recognized by the authority as qualified to perform the test is to work
- Details of the contact person for queries
- Testing tasks and scope for which recognition is requested
- Information on the qualified person
- First name and surname
- Date and place of birth,
- Private address of the applicant
The recognition is usually granted for a period of 5 years. It can be extended upon application.
- The person to be recognized shall have a
- relevant technical vocational training or other technical qualification sufficient for the intended testing tasks,
- at least one year's experience in the manufacture, assembly, operation or maintenance of the systems or system components to be tested as defined in Annex 2, Section 3 of the Ordinance on Industrial Safety and Health, and
- Activities in the environment of the upcoming test of the work equipment to be tested carried out as well as appropriate further training.
- It must be reliable and suitable for the testing activity. It is not subject to any instructions in its testing activities.
- An expert opinion from an approved inspection body (ZÜS) must be submitted on the qualifications of the person to be recognized as well as on the equipment and quality assurance of the company.
- The regularly occurring need for such tests and the necessary test equipment can be proven.
- The application and the required documents can be sent to the recognition authority by e-mail, fax, in writing or electronically.
- The applicant must commission an approved inspection body to issue an expert opinion. To obtain the expert opinion, an on-site visit with an approved inspection body (ZÜS) in the presence of the locally responsible trade supervisory office at the plant is required.
Trial tests can be completed in the presence of the expert from the approved inspection body.
- The expert's statement is sent to the recognition authority.
- The recognition or rejection notice is issued by the recognition authority and sent to the applicant.
The following documents are required:
- Documents for the applicant
- Proof of the need for testing and specification of the equipment to be tested, the protective systems, safety, monitoring and control devices that are to be tested after repair.
- Declaration by the applicant that the person qualified to carry out the test is not subject to directives
- Certification certificate for a quality assurance system or information on the quality assurance procedure (if available)
- Documents on the qualified person
- Copy of the employment contract, between the applicant and the person qualified for the examination
- Curriculum vitae of the applicant with details of his or her professional career and professional experience up to the date of application, together with copies of certificates of previous employment
- copies of the certificate of skilled work, master craftsman's certificate and diploma, diploma certificate and diploma or comparable qualification certificates
- Copies of certificates of attendance at training courses, relevant exchanges of experience
- Police clearance certificate
- Declaration by the person qualified to perform the examination that he or she is free from instructions
- Declaration of exemption
In the event that the qualified person recognized by the authority commits a breach of official duty within the scope of the examination powers conferred on him/her and claims for damages are asserted against the state on account of such a breach of official duty.
- Written confirmation from the insurer of existing liability insurance in the amount of EUR 2.5 million for the activities of the person recognized as qualified to perform the examination in accordance with the indemnification declaration
- Expert statement from an approved inspection body (ZÜS)
It must be confirmed that the technical and organizational as well as personal requirements are met in order to endorse the recognition of the applicant.
Action before the administrative court
Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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