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Legal Framework ArbSchG

ArbSchG (Occupational Safety and Health Act)

Central German law for safety and health at work, basis for risk assessment.

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

  • Fines up to €30,000
  • Liability for work accidents/illnesses
  • Orders from supervisory authorities

Implementation with SafeMind

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Related Search Terms

ArbSchGOccupational Safety Actrisk assessment obligationoccupational safety Germany§5 ArbSchG

Frequently Asked Questions

What is the Occupational Safety and Health Act (ArbSchG)?

ArbSchG is the central German law for safety and health at work. It obliges employers to conduct risk assessments and protect employees.

Who does ArbSchG apply to?

ArbSchG applies to all employers and all employees in Germany, regardless of company size or industry.

What penalties apply for ArbSchG violations?

Violations of ArbSchG can result in fines of up to €30,000. Serious violations can also lead to criminal consequences.

Further Reading

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