Authority Inspections of Psychological Risk Assessments – Who Checks What in 2026
The psychological risk assessment (GB Psych) has become a permanent inspection topic in Germany. This guide shows verifiable facts: which authorities inspect, what they check, what fines apply – and what is exaggerated marketing.
Tenfold inspection probability from 2026 (Arbeitsschutzkontrollgesetz § 21 ArbSchG)
From 1 January 2026, federal law obliges supervisory authorities to inspect at least 5 % of all companies per year (§ 21 (1a) ArbSchG, introduced by the Occupational Safety Inspection Act of 22 December 2020). The actual rate in recent years was around 0.5–1 %. Hesse explicitly states in its 2024 annual report: the 5 % quota is to be fulfilled "in principle with system assessment" – including a check of the GB Psych.
TL;DR
- Why now: 5 % minimum inspection quota in force from 2026 – tenfold increase versus the actual rate of recent years.
- Who: State labour authorities (Gewerbeaufsicht / Regierungspräsidien) plus accident insurance institutions (Berufsgenossenschaften, Unfallkassen).
- Driver: GDA "Psyche" Programme – 3rd GDA period until end of 2026, 4th period from 2027.
- What is checked: Existence, completeness, methodology, action loop. Mere existence is not enough.
- Fines: Up to 30,000 € under §25 ArbSchG – usually preceded by an order with deadline under §22 ArbSchG.
- Reality: 47.4 % of companies inspected by the GDA between 2013–2018 had no GB Psych. The 2023/24 evaluation finds half of all companies still without one.
- Burden of proof: 147.3 m sick days due to mental disorders in 2024 (16.7 % of total). 42 % of all early-retirement pensions mental-health related (LIA NRW, SuGA 2024).
Two parallel inspection systems
State labour authorities
Gewerbeaufsichtsämter or Regierungspräsidien, depending on the federal state. They enforce ArbSchG, ArbStättV, ArbZG and related state regulations.
View directory →Accident insurance institutions
Berufsgenossenschaften (private sector) and Unfallkassen (public sector). They check under SGB VII / DGUV Vorschrift 1 – especially after workplace accidents.
The driver: GDA "Psyche" Programme
The Joint German Occupational Safety Strategy (GDA) is the binding programme of federal government, the federal states and the accident insurance institutions. Its current "Psyche" Programme defines GB Psych as a core priority – not only for inspection, but with the explicit mandate to advance the supervisory standard.
Concretely: today's inspectors examine not only whether a GB Psych exists, but whether it has been carried out methodologically soundly. [1]
Probability of inspection in 2026 – the hard numbers
5 %
minimum inspection quota p.a. from 2026 (§ 21 (1a) ArbSchG, Arbeitsschutzkontrollgesetz)
47,4 %
of GDA-inspected companies 2013–2018 had no GB Psych (12,975 inspections)
43 %
BW supervisory authority hit only 43 % of its own GDA Psyche target in 2023 (Tübingen 24 %)
16,7 %
of all sick days in NRW in 2024 caused by mental disorders (147.3 m days, SuGA NRW 2024)
Read together: the legal probability of an inspection rises tenfold while the existing compliance rate in companies has barely moved. That gap is the entire reason why the GDA "Psyche" Programme remains a permanent priority.
Three federal states with documented practice
Baden-Württemberg: Competence Centre + 43 % own target met in 2023
The Regional Council of Stuttgart (Department 9, Unit 96) operates a dedicated Competence Centre for Occupational Psychology – advising inspectors, training specialists, evaluating GB Psych state-wide. Helpline: Mondays 7–11 am, +49 711 904-39666. [2]
| Regional Council | Target | Actual | Met |
|---|---|---|---|
| Karlsruhe | 112 | 65 | 58 % |
| Freiburg | 98 | 48 | 49 % |
| Stuttgart | 140 | 56 | 40 % |
| Tübingen | 85 | 20 | 24 % |
| BW total | 435 | 189 | 43 % |
Source: Annual Report Gewerbeaufsicht Baden-Württemberg 2023, Table 5 (3rd GDA period AP Psyche, status 31 Dec 2023). [4]
System inspections in BW: 2,499 actual vs. 13,016 target = 19 %, vs. national average 44.7 %. Of 2,499 companies inspected: 858 inadequate GB, 383 no GB at all (15.3 %); for small businesses 1–19 employees: 27.5 % without GB. [4]
Hesse: Specialist Centre at RC Gießen + lead of LASI working group on mental stress 2020–2025
The Regional Councils of Darmstadt, Gießen and Kassel are responsible for supervision. At RC Gießen sits the "Specialist Centre for Systemic Occupational Safety and Workplace Design" (author Claudia Flake) – Hesse's functional equivalent to the BW Competence Centre. Hesse leads the LASI working group on mental stress (2020–2025); the Hesse-internal expert group on psychological stress (Ministry + 3 RCs + specialist centre) meets twice a year. Annual report 2024, ch. "Mental stress at work" pp. 98–102. [5]
North Rhine-Westphalia: SuGA Report 2024 with mental-health focus
The "Safety and Health at Work (SuGA) NRW 2024" report was released on 9 January 2026 by the LIA NRW. Headline numbers: 810,399 reportable workplace accidents, 440 fatal; 147.3 million sick days due to mental disorders (16.7 % of total); 42 % of all early-retirement pensions mental-health related. The Statistical Annual Report ASV NRW 2024 backs this with supervision data. [3] [6]
Timeline: how we got to the 5 % quota
-
2008
GDA founded by federal government, federal states and accident insurance institutions to coordinate occupational safety strategy.
-
2013
Mental stress made an explicit part of the risk-assessment duty under § 5 (3) No. 6 ArbSchG. Start of GDA period 2 with first "Psyche" Programme.
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2018
GDA Final Report Psyche Programme 2013–2018: 12,975 inspections, 47.4 % of companies without GB Psych. The benchmark number to date.
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22 Dec 2020
Occupational Safety Inspection Act enacted. Introduces § 21 (1a) ArbSchG: minimum 5 % of all companies inspected per year, in force 1 Jan 2026.
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2021
Start of 3rd GDA period (2021–2026) with renewed "Psyche" Programme – mandate to advance the supervisory standard.
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2024–2025
GDA evaluation 2023/24 published: 68 % of companies with any GBU, 65 % covering psychological stress. About half still without GB Psych.
-
9 Jan 2026
LIA NRW publishes SuGA 2024 with mental-health focus. The 5 % quota now in force.
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2027
Start of 4th GDA period under the motto "Safe and healthy working conditions for all".
Inspection structure by federal state
| Federal state | Type of authority | Specialist body for GB Psych |
|---|---|---|
| Baden-Württemberg | 4 Regional Councils | Competence Centre for Occupational Psychology (RC Stuttgart, Unit 96) |
| Bayern | Government of Upper Bavaria + 6 trade-supervision offices | no separately named centre |
| Berlin | LAGetSi | no separately named centre |
| Hessen | 3 Regional Councils | Specialist Centre for Systemic Occupational Safety (RC Gießen) + LASI WG lead 2020–2025 |
| Niedersachsen | State Office (LAVES) | no separately named centre |
| Nordrhein-Westfalen | 5 Regional Governments + LIA NRW | LIA NRW (state institute, research + advisory) |
| Sachsen | LDS Saxony / Trade Supervision | no separately named centre |
| Other states | State Offices or RCs (varies) | see directory |
Need the responsible office for your location? Open the directory →
Find the responsible authority by state
What an inspector actually checks
1. Does a written GB Psych exist?
Documentation duty under §6 ArbSchG. Verbal "yes, we do that" is not enough.
2. Are all activity areas and employee groups covered?
A blanket assessment without differentiation is regularly considered insufficient.
3. Is the method appropriate?
BAuA's GDA recommendations set the bar. [8]
4. Are measures derived, implemented and verified for effectiveness?
Without action plan and effectiveness check, the cycle of §3 ArbSchG is incomplete.
Fines: legal framework vs. reality
Section 25 (1) No. 2a ArbSchG provides for fines of up to 30,000 euros for missing or insufficient risk assessments. In practice, however, authorities first issue an order with a deadline under §22 ArbSchG. Fines only follow if the deadline lapses.
Concrete fine cases solely for missing GB Psych are not separately reported in any official statistic. The risk is therefore real, but does not materialise as a "surprise penalty" – it materialises when an order is ignored.
Detailed fine framework by federal state →How widespread is GB Psych really?
Two complementary surveys give the picture. The GDA Final Report 2018, based on actual on-site inspections, found that 47.4 % of inspected companies had no GB Psych. The GDA evaluation 2023/24 (BAuA / DGUV, n=3,817 companies, infas) places the overall risk-assessment rate at 68 % (vs. 52 % in 2015), with 65 % of those covering psychological stress – that is roughly half of all German companies. A third of all companies still do not carry out any risk assessment at all. [7] [9]
Quality matters: of the GDA-inspected companies that did have a GB, only 5.3 % were rated "very good" by inspectors, while 35 % were rated "deficient" or "inadequate". After re-inspection, the share of good and very good rose from 32.4 % to 46.5 % – clear evidence that supervision changes behaviour.
Key takeaway: roughly every second company in Germany is non-compliant – although § 5 (3) No. 6 ArbSchG has explicitly required psychological stress assessment since 2013. That is the gap the 5 % quota is now meant to close.
Why authorities have prioritised this: the cost burden
147,3 Mio
sick days due to mental disorders 2024 (NRW)
16,7 %
of all sick days in 2024 caused by mental disorders
42 %
of all early-retirement pensions mental-health related
Source: LIA NRW – Press release "SuGA Report NRW 2024", 9 Jan 2026. [3]
The economic damage from mental-health-related absenteeism is now larger than the entire German construction industry's annual turnover. That is why mental health is no longer treated as a "soft" topic by the GDA – it is the priority.
Preparation checklist
- ✓ Written GB Psych available, ideally not older than 12 months for active business areas.
- ✓ All employee groups covered, differentiated by function or activity area.
- ✓ All six GDA design areas (work content, organisation, social factors, environment, new forms of work, individual factors) addressed.
- ✓ Action plan with specific measures, responsible owners and deadlines.
- ✓ Documented effectiveness check after measures have been implemented.
- ✓ Documentation immediately retrievable on inspection day – not in some cloud folder.
Frequently Asked Questions
Who inspects the psychological risk assessment in Germany?
Two parallel systems: state labour authorities (Gewerbeaufsichtsämter or Regierungspräsidien, depending on federal state) and the accident insurance institutions (Berufsgenossenschaften / Unfallkassen). Both inspect under the federal-state-accident-insurance Joint Occupational Safety Strategy (GDA).
Is there a special inspection campaign for GB Psych in 2026?
No campaign by that name can be primarily verified on the official websites of the federal states. What is verifiable: GB Psych is a permanent priority of the GDA "Psyche" Programme – authorities check it as part of routine company inspections, not as a one-off campaign.
What does the inspector look at specifically?
Four questions: (1) Does a written GB Psych exist? (2) Are all activity areas and employee groups differentiated? (3) Is the method appropriate (BAuA / GDA standards)? (4) Are measures derived, implemented and verified for effectiveness? Without action loop, the requirement under §3 ArbSchG is not met.
What fines are realistic if I have no GB Psych?
Up to 30,000 euros under Section 25 (1) No. 2a ArbSchG. In practice, authorities first issue an order with a deadline under Section 22 ArbSchG. Fines only follow if the deadline lapses. Concrete fine cases for missing GB Psych are not separately reported in official statistics.
Does the responsible accident insurer also inspect?
Yes. After workplace accidents with potential psychological causes, the accident insurance institution may check whether the employer fulfilled its risk assessment duty. If not, this can affect recourse for benefits paid out.
How long does it take to put a GB Psych in place?
With a digital tool like SafeMind, the survey can be deployed within a day. Adequate methodology, employee participation and effectiveness check then take 4–8 weeks – significantly faster than a full external consultancy project.
Sources
- GDA "Psyche" Programme – 3rd GDA period 2021–2026, federal government / federal states / accident insurance institutions; SME focus <250 employees; 4th period from 2027. Programme detail page, gda-portal.de
- RC Stuttgart – Competence Centre for Occupational Psychology – Department 9, Unit 96; helpline Mon 7–11 am, +49 711 904-39666. rps.baden-wuerttemberg.de
- LIA NRW press release "SuGA Report NRW 2024" (9 Jan 2026) – 810,399 reportable accidents, 147.3 m sick days due to mental disorders (16.7 %), 42 % of all early-retirement pensions mental-health related. lia.nrw.de
- Annual Report Gewerbeaufsicht Baden-Württemberg 2023 – Table 5 (target/actual per Regional Council, 3rd GDA period AP Psyche, status 31 Dec 2023); BW system controls 19 % vs. national 44.7 %. PDF, wm.baden-wuerttemberg.de
- Hesse Annual Report Occupational Safety 2024 – Chapter "Mental stress at work" pp. 98–102, author Claudia Flake (Specialist Centre at RC Gießen); LASI working group on psychological stress 2020–2025. PDF, arbeitswelt.hessen.de
- Statistical Annual Report ASV NRW 2024 – Supervision data NRW. PDF, arbeitsschutz.nrw.de
- GDA Company and Employee Survey 2023/24 – fielded by infas, n=3,817 companies + 3,824 employees (Sept 2023 – Jun 2024); 68 % overall risk-assessment rate, 65 % covering psychological stress. GDA bulletin 24 Jun 2025 · BMAS press release
- BAuA / GDA recommendations "Considering psychological stress in the risk assessment" – 4th edition 2022, methodological standard for supervisors. PDF, gda-portal.de · baua.de
- GDA Final Report Psyche Programme 2013–2018 – 5 Dec 2018; 12,975 inspections (p. 23 ff.), 47.4 % without GB Psych; quality rating very good 5.3 %, deficient 18.2 %, inadequate 16.8 %. PDF Volltext, gda-portal.de
- Arbeitsschutzkontrollgesetz (22 Dec 2020) – Federal Law Gazette 2020 I p. 3334; Art. 1 No. 4 introduces § 21 (1a) ArbSchG (5 % quota from 2026). BMAS – ArbSchKontrG · § 21 ArbSchG · consolidated text, buzer.de
- BMAS interim report on inspection density / minimum inspection quota – BMAS press release 9 Jan 2024. BMAS bulletin · Haufe (secondary)
- Unfallkasse Hessen – Risk assessment of mental stress – counselling and training offerings, flanking supervision in Hesse; contact Dr. Lisa Ritzenhöfer. ukh.de – GBU mental stress · PsyGesund
- ArbSchG – relevant paragraphs: § 5 (risk assessment, (3) No. 6 mental stress) · § 6 (documentation) · § 22 (orders) · § 25 (fines up to €30,000).
What we found NOT to be primarily verifiable
- Named "special inspection campaigns" 2025/2026: no time-limited, separately named campaign on the official websites of BW, NRW or Hesse. The GB Psych is supervised as a permanent priority of the GDA, not as a one-off campaign.
- Concrete fine cases solely for missing GB Psych: no public Higher Administrative Court / OWiG decision found via openjur.de, dejure.org or rechtsprechung-im-internet.de. The legal framework (up to €30,000) is unambiguous, but published case law specifically on GB Psych alone is not retrievable.
- Separate annual reports of the Hessian Regional Councils: not public. All Hesse data flow into the consolidated annual report.
Marketing claims using these as facts should be treated with caution. The pressure on companies in 2026 is real – but it comes from the 5 % quota and the GDA mandate, not from invented "special campaigns".
Be ready when the inspector calls
SafeMind delivers a GDA-compliant GB Psych covering all six design areas, in 15 languages, with one-click documentation ready for authority inspections. Setup in 3 minutes.