Law and deadlines

Biostoffverordnung

In one sentence

The Biostoffverordnung is the German ordinance governing work with biological agents. It requires a written Gefährdungsbeurteilung before the first blood draw, assigns the activity to a protection level, and obliges the employer to instruct staff regularly.

The Biostoffverordnung governs work with biological agents in Germany. It rests on the Arbeitsschutzgesetz and applies to any activity in which staff can come into contact with bacteria, viruses, fungi or parasites. A blood draw falls under it as a nicht gezielte Tätigkeit, because the agents that may be present in a given sample are not known in advance and are not the purpose of the work. That classification is what brings a pharmacy inside the ordinance the moment it opens a draw service.

The first duty comes before the first draw, not after it. The employer carries out a Gefährdungsbeurteilung, records it in writing, and repeats it when anything relevant changes. It assigns the activity to a protection level, and blood collection in an outpatient setting is normally placed at Schutzstufe 2. From that assignment follow the protective measures, taken in order: technical measures first, then organisational ones, and only then persönliche Schutzausrüstung, which protects the individual but never substitutes for a safer piece of equipment.

The second duty is instruction. Staff are unterwiesen before they take up the activity and at least once a year afterwards, in spoken form, related to their actual workplace, and the instruction is documented. A written Betriebsanweisung has to exist for the activity, and occupational health provision has to be offered or arranged according to the rules that apply to the protection level. In day to day work the ordinance also shapes what happens after a Nadelstichverletzung, since the incident feeds straight back into the risk assessment.

The relationship to TRBA 250 is often muddled. The ordinance sets the duty and stays deliberately general. The technical rule says how that duty is met in practice, down to safety cannulas and disposal containers. The ordinance is the obligation, the rule is the method, and following the rule is what lets an employer assume the obligation is satisfied.

For the pharmacy the output of all this is not a folder but a working document. The measures that the Gefährdungsbeurteilung produces belong in the Standardarbeitsanweisung that the team actually follows at the chair, otherwise the assessment describes a pharmacy that does not exist.

This glossary entry is general information about German pharmacy law and practice. It is not legal advice. For binding guidance on your own pharmacy, contact your Landesapothekerkammer.

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