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Workplace Structures

Works Council (Betriebsrat)

The Betriebsrat has co-determination rights in health protection (§87 BetrVG) and must be involved in planning and executing psychological risk assessments.

The Works Council (Betriebsrat) is the elected employee representation in the company. It has extensive co-determination rights, including in occupational safety and health.

Legal Basis

According to the Works Constitution Act (BetrVG), a works council can be elected in companies with at least 5 permanent eligible employees.

Co-determination in Occupational Safety

§87 Para. 1 No. 7 BetrVG:

§89 BetrVG:

  • Monitoring of occupational safety
  • Participation in inspections
  • Contact with authorities

Role in Psychological Risk Assessment

The works council:

  • Must be involved
  • Approves the procedure
  • Accompanies implementation
  • Participates in measures

Trusted Person for Employees

The works council is contact for:

Cooperation with SafeMind

SafeMind supports works council involvement:

  • Transparent processes
  • Anonymous survey
  • Traceable evaluation
  • Joint measure development

Related Search Terms

works councilco-determinationBetrVGemployee representationoccupational safety participation

Frequently Asked Questions

What role does the works council have in risk assessment?

The works council has co-determination rights according to §87 BetrVG in risk assessment. It must be involved in planning, implementation and measure development.

Can GBU Psych be conducted without a works council?

In companies without a works council, the employer can conduct GBU Psych alone. In companies with a works council, its approval is required.

From how many employees can a works council be elected?

A works council can be elected in companies with at least 5 permanent eligible employees (§1 BetrVG).

Related Terms

BetrVG

Legal

The BetrVG gives the works council co-determination rights under §87 in health protection — including the method and conduct of psychological risk assessments.

ASA

Workplace

The ASA is mandatory from 20 employees under §11 ASiG — employer, works council, Betriebsarzt and Sifa meet quarterly to steer occupational health strategy.

Risk Assessment

Legal

The Gefährdungsbeurteilung systematically identifies all workplace hazards under §5 ArbSchG — since 2013 explicitly including psychological stress.

Workplace Bullying

Mental

Mobbing is defined as hostile acts targeting one person at least weekly over six months — a measurable social stressor assessed in the GBU Psych.

Related Guide Articles

Target Groups 10 min

Works Council and Risk Assessment: Co-Determination Rights

The role of works councils in psychological risk assessment: Co-determination rights under BetrVG, practical involvement and constructive cooperation.