The Occupational Safety and Health Act (ArbSchG) is the central law for safety and health at work in Germany. It implements EU Framework Directive 89/391/EEC and forms the legal basis for all occupational safety measures.
Central Provisions
§3 - Basic duties of the employer:
- Taking necessary occupational safety measures
- Checking effectiveness
- Continuous improvement
§4 - General principles:
- Design work humanely
- Combat hazards at source
- Consider state of the art
§5 - Risk assessment:
- Core duty of the employer
- Including psychological stress (since 2013)
- For all activities/workplaces
§6 - Documentation:
- Document results
- Record measures
- Be able to present during inspection
Scope of Application
The ArbSchG applies to:
- All employers (regardless of size)
- All employees (incl. trainees, interns)
- All industries and activities
Consequences of Violations
- An enforceable order by the authority under Section 22 (3) ArbSchG, with a deadline and, where it is not met, prohibition of the work concerned
- A fine only once that order is breached: up to €30,000 under Section 25 (2) ArbSchG, and up to €5,000 in the remaining cases of Section 25
- A criminal offence under Section 26 ArbSchG for persistent repetition or intentional endangerment of life or health
- Liability for work accidents and illnesses
Implementation with SafeMind
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