Works Council Package: Psychological Risk Assessment
Interactive sample letter, monitoring checklist and legal reference. Fill in your details, download as PDF - free, no account needed.
Your legal rights
Duty to monitor compliance with laws protecting employees - including §5 ArbSchG.
Co-determination right in planning and conducting occupational health risk assessments.
Employer obligation to assess psychological stress - mandatory since 2013.
1. Sample Letter – Request for Psychological Risk Assessment
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[Address]
[Company Name]
Dear [Name of Managing Director],
the Works Council hereby exercises its supervisory rights under §80 Para. 1 No. 1 BetrVG and requests that the company immediately fulfil its legal obligation under §5 Para. 3 No. 6 of the German Occupational Health Act (ArbSchG) by conducting a psychological risk assessment.
Legal basis:
- – §5 Abs. 1 and Abs. 3 Nr. 6 ArbSchG: Obligation to assess psychological stress at work (mandatory since 01.01.2013)
- – §80 Abs. 1 Nr. 1 BetrVG: Duty of the Works Council to monitor compliance with laws protecting employees
- – §87 Abs. 1 Nr. 7 BetrVG: Co-determination right for regulations on occupational health and safety
Our requests:
- Conduct a GDA-guideline-compliant psychological risk assessment for all employee groups by 13.12.2026.
- Involve the Works Council in planning and implementation in accordance with §87 Para. 1 No. 7 BetrVG.
- Present results to the Works Council and jointly discuss measures to reduce psychological stress.
- Provide written documentation of the risk assessment results.
We request a written response within 4 weeks on how the company intends to fulfil this legal obligation.
If the obligation is not met, the Gewerbeaufsicht can issue an enforceable order with a deadline under §22 Para. 3 ArbSchG. A breach of that order is an administrative offence under §25 Para. 1 No. 2 lit. a ArbSchG and can be fined up to €30,000.
Yours sincerely,
2. Works Council Monitoring Checklist
Use this checklist to review whether the psychological risk assessment in your company meets legal requirements.
Legal basis
- Has a psychological risk assessment been carried out for all employee groups?
- Is the risk assessment GDA-guideline compliant (all 6 design areas covered)?
- Is the risk assessment documented in writing?
- Has the risk assessment been updated after significant changes?
- Has the Works Council been involved pursuant to §87 Para. 1 No. 7 BetrVG?
Survey methodology
- Was the survey anonymous?
- Was the response rate sufficient (>60% recommended)?
- Were all 6 GDA design areas surveyed?
- Were sufficiently small groups analysed separately (≥5 persons per group)?
- Was a scientifically validated questionnaire used (e.g. COPSOQ, BAuA short questionnaire)?
Results & measures
- Were results communicated to employees?
- Were specific measures derived from the results?
- Was a timeframe set for implementing measures?
- Has the effectiveness of measures been reviewed after implementation?
- Were the results submitted to the Works Council?
Documentation
- Is the risk assessment documented in a format presentable during inspections?
- Is there a PDF report or equivalent written record?
- Are measures documented with responsible persons and deadlines?
- Is the date of the assessment documented?
3. Legal Basis – Quick Reference
Para. 1: Employers must assess workplace hazards. Para. 3 No. 6 (added 2013): Psychological stress at work is explicitly listed as a mandatory assessment category. No exceptions for company size or industry.
Key: "psychische Belastungen bei der Arbeit" explicitly named
A missing risk assessment is not fined directly. The authority first issues an enforceable order under §22 Para. 3 ArbSchG with a deadline. Only a breach of that order is an administrative offence under §25 Para. 1 No. 2 lit. a and can be fined up to €30,000 (§25 Para. 2); all other cases under §25 carry up to €5,000. Persistent repetition, or intentionally endangering an employee, is a criminal offence under §26 ArbSchG.
Key: the fine attaches to the breach of the order, not to the missing assessment itself
Para. 1 No. 1: The Works Council has a duty to monitor compliance with laws protecting employees, including ArbSchG. The Works Council must actively address detected violations.
Key: Monitoring is an obligation, not just a right
Para. 1 No. 7: The Works Council has a co-determination right in regulations on occupational health and safety, including planning and implementation of psychological risk assessments.
Key: Works Council must be involved - not just informed
Frequently Asked Questions
Does the Works Council have the right to demand a psychological risk assessment?
Yes. Under §80 Para. 1 No. 1 BetrVG, the Works Council has a duty to monitor compliance with §5 ArbSchG. Under §87 Para. 1 No. 7 BetrVG it also has a co-determination right in planning and implementation.
What happens if the employer refuses?
The Works Council can involve the Gewerbeaufsichtsamt or apply to the labour court. The authority first issues an enforceable order with a deadline under §22 Para. 3 ArbSchG; only a breach of that order is an administrative offence under §25 Para. 1 No. 2 lit. a ArbSchG and can be fined up to €30,000.
How often must the assessment be repeated?
No fixed intervals are prescribed, but §3 ArbSchG requires updating after significant changes. Every 2 years is recommended in practice.
Can the Works Council choose the survey tool?
Yes. Under §87 Para. 1 No. 7 BetrVG, the Works Council has a co-determination right in the choice of methodology, questionnaire and communication of results. A Betriebsvereinbarung is recommended.
Your employer wants to conduct the assessment – what now?
SafeMind is a GDA-compliant tool that actively involves the Works Council. Anonymous, quick to set up, with PDF documentation for inspections.
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