The building operator is legally obliged to keep his power-operated door system in a safe condition for use. In the event of damage, which may result from a safety-related obsolete power-operated door system, the operator must reckon with civil law consequences and can be held liable in accordance with § 823 BGB (German Civil Code).
If during regular maintenance by the service technician it is determined that protective devices are missing or do not correspond to the current state of the art, this must be entered in the test logbook and communicated to the operator. In order to comply with the workplace regulation ASR A1.7, the operator must also retrofit older power-operated doors that are already in stock. If this is not done, the operator bears the risk of an accident.
The argument of inventory protection to avoid retrofitting does not apply, because the power-operated door must be safeguarded according to the state of the art, in this case EN 16005 in conjunction with ASR A1.7.
For this reason, all measures to be taken must clearly aim at eliminating and permanently avoiding the risks associated with the operation of a power-operated door system during its service life.
The workplace regulation ASR A1.7 Doors and gates as well as the DGUV Information 208-022 - for doors and gates require: “For power-operated doors and gates, effective safeguards against mechanical hazards must be provided up to a height of 2.50 m above the floor or any other permanent access level.
Athmer therefore recommends that automatic doors should always be safeguarded over the entire height as far as possible.