Concept and legal classification of flammable liquids
Definition
Flammable liquids, in a technical and legal context, are liquids that are combustible and can form an explosive atmosphere at certain temperatures, especially in the presence of atmospheric oxygen. The classification and handling of flammable liquids are regulated by various laws, ordinances, and technical standards, as they present particular hazards regarding fire and explosion protection.
Distinction from other hazardous substances
In contrast to solid or gaseous combustible substances, flammable liquids are mainly classified by their flash point and boiling temperature. Liquids with a flash point lower than 60 °C or 55 °C (depending on the regulation) are considered flammable. They differ significantly from flammable gases, which require different storage provisions and protective measures.
Legal bases and regulations
Hazardous substances law and labeling requirements
The key regulations for dealing with flammable liquids in Germany are the Chemicals Act (ChemG) and the Hazardous Substances Ordinance (GefStoffV). Under the GefStoffV, flammable liquids are classified as hazardous substances and must be classified, labeled, and documented accordingly.
Classification by flash point
The legal definition relies primarily on the flash point of the liquid:
- Highly flammable liquids: Flash point < 23 °C, boiling point ≤ 35 °C
- Easily flammable liquids: Flash point 35 °C
- Flammable liquids: Flash point ≥ 23 °C, but < 60 °C
This classification partly corresponds to the requirements of the European CLP Regulation (Regulation (EC) No 1272/2008), which harmonizes the criteria for classification, labeling, and packaging of substances.
Safety data sheet and labeling
For every flammable liquid, a safety data sheet must be provided, containing all relevant information on safe handling, storage, and transport. Additionally, containers and storage areas must be labeled with the appropriate hazard symbols, especially the flame symbol (GHS02).
Storage and handling
Technical rules and requirements
The storage of flammable liquids is regulated by various technical rules and ordinances, e.g., the Technical Rules for Hazardous Substances (TRGS), especially the TRGS 510 (Storage of hazardous substances in movable containers) and the TRGS 800 (Fire protection measures). Requirements also arise from the Ordinance on Industrial Safety and Health (BetrSichV).
The regulations cover, among other things:
- Requirements and design of storage rooms (e.g., collection trays, ventilation, distance to ignition sources)
- Maximum storage quantities of flammable liquids in specific areas
- Measures to prevent leakage and the spread of liquids
- Organization of occupational safety and emergency management
Fire protection requirements
Areas where large quantities of flammable liquids are stored or processed must take special fire protection precautions. These include:
- Use of explosion-protected electrical equipment (ATEX)
- Adequate ventilation systems
- Provision of suitable extinguishing agents (e.g., foam extinguishers)
- Marking and keeping escape routes clear
Transport law
The regulations of dangerous goods law, in particular the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) as well as the Ordinance on the Carriage of Dangerous Goods by Road, Rail, and Inland Waterways (GGVSEB), apply to the transport of flammable liquids. These stipulate:
- Packaging requirements (e.g., approved containers)
- Labeling of transport units (danger labels, orange warning plates)
- Training requirements for personnel handling dangerous goods
- Documentation requirements and accompanying papers
Environmental protection law and water protection
Flammable liquids can cause significant environmental damage if released, especially to bodies of water. Therefore, their storage and handling are also regulated under water law. Important provisions include the Water Resources Act (WHG), the Ordinance on Plants for Handling Substances Hazardous to Water (AwSV), and municipal statutes.
Particular precautions are required against:
- Penetration of liquids into the sewage system or water bodies
- Leaks prevented by collection trays, impermeable floors, and regular inspections
- Reporting and remediation of incidents
Labour law regulations and occupational safety
The safe handling of flammable liquids is subject to occupational law obligations, as set out in the Hazardous Substances Ordinance, the Workplace Ordinance, and relevant accident prevention regulations of the German Statutory Accident Insurance (DGUV).
When handling flammable liquids, the following must be observed:
- Hazard assessments and protective measures in accordance with § 6 GefStoffV
- Instruction and information of employees
- Personal protective equipment
- Restriction of ignition sources and smoking in relevant work areas
- Preparation and posting of operating instructions
Influences of European law
Through the CLP Regulation and the EU directives and regulations on occupational safety, chemical safety, and environmental protection, national regulations are clearly harmonized. This applies particularly to classification and labeling (including pictograms, signal words, and hazard statements) as well as requirements for safety data sheets.
Sanctions and legal consequences in case of violations
Violations of regulations regarding the handling, storage, or transport of flammable liquids can lead to various sanctions, including:
- Administrative offenses and fines under ChemG, GefStoffV, and WHG
- Criminal consequences for negligent or intentional endangerment of people or the environment
- Liability for damages caused to third parties, including under civil law
Summary and significance in legal practice
Flammable liquids are comprehensively regulated by national and European regulations. The legal requirements are intended to protect against fire and explosion hazards, to ensure the safety of employees in handling, and to protect the environment and the public. Businesses and private individuals who handle such liquids are obliged to comply with the relevant laws, ordinances, and technical rules. Violations can have serious legal, financial, and safety-related consequences.
Literature and sources
- Chemicals Act (ChemG)
- Hazardous Substances Ordinance (GefStoffV)
- TRGS 510, TRGS 800
- Ordinance on Industrial Safety and Health (BetrSichV)
- Water Resources Act (WHG)
- AwSV
- ADR, GGVSEB
- Regulation (EC) No 1272/2008 (CLP)
By complying with the numerous legal requirements, safe, responsible, and legally compliant handling of flammable liquids is ensured.
Frequently Asked Questions
Which regulations govern the handling of flammable liquids in Germany?
In Germany, the handling of flammable liquids is mainly governed by the Hazardous Substances Ordinance (GefStoffV), the Chemicals Act, and the Technical Rules for Hazardous Substances (TRGS), in particular TRGS 510 (Storage of hazardous substances in movable containers) and TRGS 800 (Fire protection measures). In addition, the provisions of the Occupational Safety and Health Act and relevant EU directives (e.g., CLP Regulation on the classification, labeling, and packaging of substances and mixtures) apply. For storage and transport, the provisions of the ADR (European Agreement concerning the International Carriage of Dangerous Goods by Road) are also binding. The legal requirements address various aspects, from proper labeling to safe storage and occupational safety, as well as mandatory notifications in the event of a fire and requirements for emergency measures.
What obligations does the employer have when handling flammable liquids?
Employers are required to identify all specific risks associated with handling flammable liquids through a risk assessment (§ 6 GefStoffV). Based on this assessment, protective measures, such as technical, organizational, and personal protective measures, must be introduced. Key points include effective ventilation, provision and use of PPE (Personal Protective Equipment), regular employee training, operating instructions, and emergency plans. Furthermore, a hazardous substances register must be maintained, and there are documentation obligations regarding all measures and operating instructions. Workers must be instructed on the hazards and correct handling; training must be repeated at least annually and documented.
What legal requirements exist for the storage of flammable liquids?
The storage of flammable liquids is especially strictly regulated and is determined by the GefStoffV and, in particular, the requirements of TRGS 510. Among other things, flammable liquids must be stored in specially labeled, tight, and resistant containers, and storage areas must be equipped with suitable ventilation, collection trays, and explosion protection measures. Separate storage of incompatible substances (e.g., oxidizing agents) is mandatory. In addition, the permissible storage quantity is limited depending on factors such as fire section, building type, and hazard potential. External limits for permitted storage quantities are specified in the AwSV (Ordinance on Plants for Handling Substances Hazardous to Water) and the building code.
How is the labeling obligation for flammable liquids legally regulated?
According to the CLP Regulation (EC No 1272/2008) and the GefStoffV, flammable liquids must always be clearly labeled. This includes the internationally recognized hazard symbol (flame), the signal word, hazard statements (H-phrases), precautionary statements (P-phrases), manufacturer information, and any additional information (e.g., notes on particular hazards). Piping, tanks, and storage locations must also be labeled according to Technical Rules (TRGS 201). Incorrect or missing labeling can lead to significant fines as well as criminal prosecution.
What requirements exist for the transport of flammable liquids?
The transport of flammable liquids is regulated by dangerous goods regulations, especially ADR. Approved and suitable containers must be used. Vehicles must be appropriately labeled and equipped with suitable equipment (e.g., fire extinguishers, emergency equipment). For certain quantities, exemptions apply; above these, extensive documentation, dangerous goods officers, and special driver training are required. Violations of transport regulations are strictly punished and may result in the withdrawal of the transport license.
What are the legal consequences of violations of regulations concerning flammable liquids?
Violations of the regulations regarding the handling of flammable liquids can be prosecuted as administrative offenses, or in serious cases, as criminal offenses. Penalties range from significant fines to imprisonment, especially if people are injured or significant environmental damage is caused. Civil liability for damages (e.g., to third parties or the environment) is also possible. Additionally, official requirements, business closures, or product recalls can be imposed. The responsible parties can be held accountable both at the company and personal level.
