What is the maximum fine for a missing psychological risk assessment?

Under §26 ArbSchG, the maximum fine is €30,000 per violation. In cases of proven harm to employees or intentional misconduct, criminal liability and personal liability of managers may also apply in addition to administrative fines.

Who enforces compliance with §5 ArbSchG?

Enforcement is carried out by the Gewerbeaufsichtsamt (trade inspectorate) or the Arbeitsschutzbehörde of each federal state. These authorities have the power to inspect workplaces, issue improvement notices, and impose fines.

What counts as a violation of §5 Para. 3 No. 6 ArbSchG?

Violations include: a completely absent psychological risk assessment, an assessment that does not cover psychological stressors, an outdated assessment not updated after material changes, missing documentation, failure to involve the works council, and protective measures not implemented or reviewed.

How often are companies inspected for §5 ArbSchG compliance?

The GDA programme 2024–2028 targets an inspection rate of 5% of all employers per year from 2026. This means approximately 1 in 20 businesses will be inspected annually. Priority sectors include healthcare, social services, retail, and hospitality.

Can improvements be made after an inspection?

Yes. For first-time violations, inspectorates typically set a reasonable deadline for remediation before imposing fines. Acting swiftly and cooperatively after an inspection notice can significantly reduce or eliminate penalties.

§26 ArbSchG · Updated 2026

Fines for Missing Psychological Risk Assessment

Which violations are punished and how? Fine ranges, aggravating factors, and enforcement statistics from the BAuA.

30.000 €

Maximum fine

Violation types

54.000

Inspections/year

5 %

Quota from 2026

Legal framework: §26 ArbSchG

Acts contrary to order who intentionally or negligently fails to carry out, or carries out incorrectly, incompletely or not in time, a risk assessment or fails to document it (§25 Para. 1 No. 1 ArbSchG).

Geringfügiger Verstoß (erste Kontrolle, Nachbesserung möglich) 500 € – 2.500 €

Mittlerer Verstoß (wiederholter Verstoß oder Teilbereiche fehlen) 2.500 € – 10.000 €

Schwerer Verstoß (vollständiges Fehlen, Verweigerung, vorsätzlich) 10.000 € – 30.000 €

Violation catalog

§5 Abs. 3 Nr. 6 ArbSchG i. V. m. §26 ArbSchG Very frequent

Psychological risk assessment completely absent

5.000 € – 30.000 €

The company has not yet conducted any assessment of psychological stress. This has been mandatory for all employers since 2013 – regardless of sector or company size.

Aggravates

Repeated requests from inspectorate without response
Large workforce (>50 employees)
Intentional omission despite knowledge of the obligation
Concurrent deficiencies in other areas of the risk assessment

Mitigates

First-time occurrence, cooperative attitude
Immediate initiation of measures after inspection
Micro-enterprise (<10 employees)

§5 Abs. 3 Nr. 6 ArbSchG Very frequent

Psychological stress not included in risk assessment

2.000 € – 15.000 €

A risk assessment exists but does not include a section on psychological stress. Often only physical hazards (noise, chemicals, ergonomics) were assessed.

Aggravates

Known stress situation (e.g. high sick leave, employee complaints)
High-stress industries (healthcare, hospitality, transport) with no measures
Works council has repeatedly pointed out the obligation

Mitigates

Partial documentation exists
Willingness to rectify quickly
First inspection visit

§6 ArbSchG i. V. m. §25 Abs. 1 Nr. 1 ArbSchG Frequent

Missing or insufficient documentation (§6 ArbSchG)

500 € – 5.000 €

The risk assessment was carried out but not documented, or documented incompletely. Written form is mandatory for 10+ employees. Deficiencies: missing measures, no responsible persons, no date.

Aggravates

No documentation despite 10+ employees
No measures planned or implemented
Documentation cannot be presented during inspection

Mitigates

Documentation was produced immediately after notice
Verbal surveys and measures were actually carried out
Fewer than 10 employees (no written requirement)

§3 Abs. 1 ArbSchG Frequent

Risk assessment not updated

1.000 € – 10.000 €

The psychological risk assessment was created but not updated after material changes (introduction of home office, restructuring, new technologies, staff changes). §3 ArbSchG requires event-driven updates.

Aggravates

Significant changes to working conditions with no response
Multi-year obsolescence without review
Known complaints following changes

Mitigates

Changes occurred less than 6 months ago
Update was already planned
Cooperative attitude during inspection

§87 Abs. 1 Nr. 7 BetrVG Occasional

Works council not involved pursuant to §87 BetrVG

2.000 € – 20.000 €

The employer carried out the psychological risk assessment without involving the works council. The co-determination right under §87 Para. 1 No. 7 BetrVG covers planning, method selection and derivation of measures.

Aggravates

Works council had actively asserted its co-determination right
Deliberate circumvention of the works council
Works council had submitted its own request (§80 BetrVG)

Mitigates

No works council in place
Misunderstanding about responsibility
Subsequent involvement of works council

§3 Abs. 1, §6 ArbSchG Frequent

Derived measures not implemented or reviewed

1.500 € – 15.000 €

The psychological risk assessment was correctly prepared and documented, but the derived protective measures were not or only partially implemented and their effectiveness was never reviewed.

Aggravates

Measures overdue for more than 12 months
Employees have filed complaints about stress
Employer resources for implementation were available

Mitigates

Implementation was planned and delayed by external factors
Partial measures were implemented
Effectiveness review was scheduled

Enforcement statistics

Source: BAuA – individual fine decisions are not published in Germany for data protection reasons.

Year	Inspections	With deficiencies	Measures	Source
2023	54.000	21.600	8.200	BAuA 2023
2022	52.000	20.800	7.900	BAuA 2022
2021	49.000	18.200	7.100	BAuA 2021

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Frequently Asked Questions

What is the maximum fine for a missing psychological risk assessment?: Under §26 ArbSchG, the maximum fine is €30,000 per violation. In cases of proven harm to employees or intentional misconduct, criminal liability and personal liability of managers may also apply in addition to administrative fines.
Who enforces compliance with §5 ArbSchG?: Enforcement is carried out by the Gewerbeaufsichtsamt (trade inspectorate) or the Arbeitsschutzbehörde of each federal state. These authorities have the power to inspect workplaces, issue improvement notices, and impose fines.
What counts as a violation of §5 Para. 3 No. 6 ArbSchG?: Violations include: a completely absent psychological risk assessment, an assessment that does not cover psychological stressors, an outdated assessment not updated after material changes, missing documentation, failure to involve the works council, and protective measures not implemented or reviewed.
How often are companies inspected for §5 ArbSchG compliance?: The GDA programme 2024–2028 targets an inspection rate of 5% of all employers per year from 2026. This means approximately 1 in 20 businesses will be inspected annually. Priority sectors include healthcare, social services, retail, and hospitality.
Can improvements be made after an inspection?: Yes. For first-time violations, inspectorates typically set a reasonable deadline for remediation before imposing fines. Acting swiftly and cooperatively after an inspection notice can significantly reduce or eliminate penalties.