Systems requiring monitoring; notification of a detected defect
An approved inspection body must notify the competent authority in the event of a dangerous or safety-relevant defect.
Description
Dangerous defect
If an approved inspection body (ZÜS) detects a dangerous defect in a plant subject to inspection (üA), it must immediately notify the competent authority and send it the corresponding inspection certificate.
Safety-relevant defect
If, in the case of a safety-relevant defect, the ZÜS has not been commissioned to carry out the inspection within the period set by it, it must notify the competent authority within 14 days of the expiry of this period.
Prerequisites
Dangerous defect
During the inspection of a system requiring inspection, the ZÜS determines a defect that endangers employees or other persons (dangerous defect of a system requiring inspection).
Safety-relevant defect
During the inspection of a plant requiring inspection, the ZÜS found a defect which may pose a risk to the safety and health of employees or other persons which is not merely minor and which is not remedied within a period specified by the ZÜS (safety-relevant defect of a plant requiring inspection).
After the defect has been remedied, the operator must commission the ZÜS with a subsequent inspection within a period specified by the ZÜS. The ZÜS is not commissioned by the operator of the plant with the due subsequent inspection within the deadline.
Procedure
The ZÜS notifies the competent authority of the type, location and operator of the plant subject to inspection in question and transmits the inspection certificate. This can be done via an online procedure, by e-mail, fax or in writing.
The notification to the authority enables it to counteract hazards to safety and health through appropriate administrative action.
Deadlines
In the case of dangerous defects, the ZÜS must notify the competent authority without delay.
In the case of safety-relevant defects, the ZÜS must notify the competent authority within 14 days of the expiry of the deadline set by the ZÜS for an inspection, if it has not been commissioned by the operator to carry out the inspection.
Status:14.12.2022
Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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