Psychological Risk Assessment in Germany: Facts & Figures 2026
Verified, citable facts on the legal requirements, penalties, and statistics surrounding mandatory psychological risk assessment (GB Psych) in Germany. Every figure carries its reference population, source and data year. Sources: ArbSchG, BMAS, BAuA, GDA, DAK, Deutsche Rentenversicherung.
Key Facts at a Glance
- Legal basis
- §5 Para. 3 No. 6 German Occupational Health Act (ArbSchG)
- Mandatory since
- October 25, 2013 (§5 Para. 3 No. 6 inserted by Art. 8 BUK-NOG of 19 October 2013, Federal Law Gazette I p. 3836)
- Who is affected
- All employers in Germany with at least 1 employee
- Maximum fine
- €30,000 for breaching an enforceable order (§25 Para. 1 No. 2 lit. a in conjunction with Para. 2 ArbSchG); €5,000 in all other cases
- Minimum inspection rate from 2026
- at least 5% of the companies in each federal state, per year (§21 Para. 1a ArbSchG)
- Establishments affected
- 2,138,116 establishments (Federal Employment Agency statistics 2024, the reference base for the quota under §21 Para. 1a ArbSchG); 3,543,865 legal units in the Destatis business register
- GDA period (3rd, current)
- 2021–2026
- Enforcement authority
- Gewerbeaufsichtsamt / Arbeitsschutzbehörde per federal state
Statistics & Numbers
of all days of incapacity for work are due to mental and behavioural disorders (F00 to F99): 147.3m of 881.5m days. Reference population: all employees in Germany (BAuA, Volkswirtschaftliche Kosten durch Arbeitsunfähigkeit, data year 2024)
sick days per 100 employees from mental illness in 2024. Reference population: 2.42 million employed DAK members (DAK Psychreport 2025). This measures days per 100 insured, not a share of all sick days
of new reduced-earning-capacity pensions in 2024 fell to the indication group psychosomatics and psychotherapy, by far the largest group (69,294 of 171,732). By ICD chapter F00 to F99 including addiction it is 42.0 % (Deutsche Rentenversicherung, RV in Zahlen 2025 and RV in Zeitreihen 2025, data year 2024)
of all establishments in Germany carry out a risk assessment at all (2015: 52%). Reference population: all establishments (GDA establishment and employee survey 2023/24, 3,817 establishments)
of those establishments include psychosocial risk in that assessment. Reference population: establishments with a risk assessment (GDA establishment and employee survey 2023/24). Neither source reports a rate for all establishments with a GB Psych
Minimum share of companies the state occupational safety authorities must inspect each year from 2026 (§21 Para. 1a ArbSchG)
Maximum fine for breaching an enforceable order under §22 Para. 3 ArbSchG (§25 Para. 1 No. 2 lit. a in conjunction with Para. 2 ArbSchG)
Design areas to be assessed according to GDA guidelines
Year psychological risk assessment became mandatory in Germany: in force since 25 October 2013 (§5 Para. 3 No. 6 ArbSchG)
Sources: BAuA, economic cost of sickness absence 2024 (data year 2024); DAK Psychreport 2025 (data year 2024); Deutsche Rentenversicherung, RV in Zahlen 2025 (data year 2024); GDA business and employee survey 2023/24; ArbSchG; Federal Employment Agency statistics 2024. Each figure carries its reference population in the card above.
Legal Basis
Risk assessment: the core obligation
§5 Para. 1 ArbSchG requires employers to assess workplace hazards. §5 Para. 3 No. 6 (added 2013) explicitly includes psychological stress ("psychische Belastungen bei der Arbeit") as a mandatory assessment category.
Penalties for non-compliance
§25 ArbSchG is the administrative-offence provision. A missing risk assessment is not fined directly: the authority first issues an enforceable order under §22 Para. 3 ArbSchG. Only a breach of that order is an offence under §25 Para. 1 No. 2 lit. a, punishable by up to €30,000 (§25 Para. 2); all other cases carry up to €5,000. Persistent repetition, or intentionally endangering an employee, is a criminal offence under §26 ArbSchG.
GDA guidelines: methodology for the authorities
The GDA guideline on risk assessment is issued under §20 (1) SGB VII and §21 (3) no. 1 ArbSchG and describes the methodological approach of the state occupational safety authorities and the accident insurance institutions. It is addressed to those bodies, not to providers, and it establishes no recognition or conformity scheme.
The 6 GDA Design Areas
Every GB Psych must cover all six areas defined in the GDA guidelines.
| # | Area | Examples |
|---|---|---|
| 1 | Work content & tasks | Skill variety, completeness of tasks, cognitive demands, emotional demands |
| 2 | Work organisation | Working hours, work pace, autonomy, communication, cooperation |
| 3 | Social relations | Leadership behaviour, relationships with colleagues, social support |
| 4 | Work environment | Physical conditions, noise, climate, lighting, workplace ergonomics |
| 5 | Work equipment | Use, usability and design of the equipment employees work with |
| 6 | Working time | Duration, distribution, flexibility, shift work, on-call duty |
Frequently Asked Questions
Is psychological risk assessment mandatory in Germany?
Yes. Since October 25, 2013, all employers in Germany with at least one employee are legally required to conduct a psychological risk assessment (Psychische Gefährdungsbeurteilung / GB Psych). The legal basis is §5 Para. 3 No. 6 of the German Occupational Health Act (ArbSchG), inserted by Art. 8 of the BUK-NOG of 19 October 2013 (Federal Law Gazette I p. 3836). There are no exceptions for company size or industry.
What is the fine for not having a psychological risk assessment in Germany?
A missing psychological risk assessment does not trigger a fine on its own. The authority first issues an enforceable order under §22 Para. 3 ArbSchG requiring the defect to be remedied within a reasonable deadline, and it can prohibit the work concerned if the order is not met. Only a breach of that order is an administrative offence under §25 Para. 1 No. 2 lit. a ArbSchG, punishable by up to €30,000 (§25 Para. 2); all other cases under §25 carry up to €5,000. Persistent repetition, or intentionally endangering the life or health of an employee, is a criminal offence under §26 ArbSchG, punishable by up to one year of imprisonment or a fine.
Which companies must conduct a psychological risk assessment?
Every employer in Germany with at least one employee must conduct a psychological risk assessment. This includes sole traders, small businesses, SMEs, and large corporations, across all industries. The requirement also applies to employees working remotely or in home office.
What does GDA-compliant mean for psychological risk assessment?
GDA-compliant means the risk assessment follows the guidelines of the Joint German Occupational Health and Safety Strategy (Gemeinsame Deutsche Arbeitsschutzstrategie, GDA). The guideline requires assessing six specific areas: work content and task, work organisation, social relations, work environment, work equipment, and working time. The GDA guidelines address the state occupational safety authorities and the accident insurance institutions. There is no formal recognition or conformity scheme for providers, so no vendor can promise that an assessment is approved in advance.
How often does Germany inspect companies for psychological risk assessment compliance?
Under §21 Para. 1a ArbSchG, the state occupational safety authorities must inspect at least 5% of the companies in their federal state every year from 2026. That is roughly 1 in 20 establishments per year. The GDA steers its inspections by topic and establishment size, not by sector: the priorities are musculoskeletal load, psychological load and carcinogenic hazardous substances, and the GDA Psyche Programme focuses on establishments with fewer than 250 employees.
What is the difference between GB Psych and Gefährdungsbeurteilung?
A Gefährdungsbeurteilung (risk assessment) is the general term for workplace hazard assessment under §5 ArbSchG. GB Psych (or GBU Psych) specifically refers to the psychological component, which has been explicitly required since October 2013 under §5 Para. 3 No. 6 ArbSchG. Both are often conducted together but the psychological component is frequently missing in practice.
Can employees remain anonymous in a psychological risk assessment?
Anonymity is not required by law, but it is strongly recommended. The German Occupational Health Act does not require individual results to be disclosed. Anonymous participation significantly increases response rates and the quality of results. A minimum group size of 5 employees is generally recommended to ensure anonymity before results are reported.
How long does a psychological risk assessment take?
Setup takes approximately 3 minutes. The employee survey takes approximately 12 minutes per participant. After the survey period (typically 1–4 weeks), the evaluation and PDF documentation are generated automatically. The total time investment for the employer is typically under 1 hour for companies with up to 50 employees.
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Journalists, researchers and safety officers are welcome to cite facts from this page. Please attribute as follows:
SafeMind (2026). Psychological Risk Assessment in Germany: Facts & Figures 2026.
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