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Legal Framework

Minimum Inspection Quota 5% (from 2026)

From the 2026 calendar year, the state occupational safety authorities of the German Länder must inspect at least 5 percent of the businesses in their Land each year (Section 21 (1a) ArbSchG).

The minimum inspection quota is set out in Section 21 (1a) ArbSchG: from the 2026 calendar year, the state occupational safety authorities of the German Länder must inspect at least 5 percent of the businesses in their Land each year.

What the quota is, and what it is not

It is a duty imposed on the authorities, not the inspection probability of an individual business. The authorities select the businesses to inspect by risk and by their supervisory programmes. Framings such as "every 20th business gets inspected" do not reflect the provision.

  • Legal basis: Section 21 (1a) ArbSchG
  • Addressee: the state occupational safety authorities of the Länder
  • Reference figure: the businesses present in the respective Land, per calendar year

What Is Inspected?

Supervisory authorities check:

Consequences of Deficiencies

A deficiency in the risk assessment does not trigger a fine on its own. The chain is:

  • Advice: for minor deficiencies
  • Order with a deadline: under Section 22 (3) ArbSchG; if it is not met, the authority may also prohibit the work concerned
  • Administrative offence: only the breach of that enforceable order, Section 25 (1) no. 2 (a) ArbSchG, up to €30,000 under Section 25 (2), and up to €5,000 in the remaining cases of Section 25
  • Criminal offence: Section 26 ArbSchG for persistent repetition or intentional endangerment of an employee's life or health, punishable by up to one year of imprisonment or a fine

Prepare Now with SafeMind

SafeMind makes companies inspection-ready in 5 minutes:

  • Complete GDA-compliant documentation
  • Legally secure evidence with timestamp
  • PDF export for authorities
  • Automatic measure recommendations

Have the documentation in place before an inspection comes up.

Related Search Terms

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Frequently Asked Questions

What does the minimum inspection quota from 2026 mean?

From the 2026 calendar year, the state occupational safety authorities of the German Länder must inspect at least 5 percent of the businesses in their Land each year (Section 21 (1a) ArbSchG). It is a duty of the authorities, not the inspection probability of an individual business.

What happens during an inspection?

The authority checks whether complete and documented psychological risk assessment exists. Deficiencies may result in orders or fines.

What fines apply?

A missing risk assessment is not an administrative offence on its own. The authority first issues an enforceable order under Section 22 (3) ArbSchG. Only a breach of that order is an offence under Section 25 (1) no. 2 (a) ArbSchG, punishable by up to €30,000 (Section 25 (2)); all other cases under Section 25 carry up to €5,000.