Co-Determination Rights of the Works Council
The works council has extensive co-determination rights regarding psychological risk assessment:
§ 87 Para. 1 No. 7 BetrVG
The works council has co-determination rights regarding:
"Regulations on the prevention of occupational accidents and illnesses as well as health protection within the framework of legal provisions or accident prevention regulations."
Psychological risk assessment clearly falls under this provision.
What Does Co-Determination Mean?
- The employer cannot implement psychological risk assessment alone
- All essential questions must be decided jointly
- In case of disagreement, the arbitration board decides
Areas of Co-Determination
1. Method and Procedure
- Which questionnaire will be used?
- How will the survey be conducted (online, paper)?
- Who has access to the data?
2. Implementation
- Which departments will be surveyed when?
- How is anonymity guaranteed?
- What minimum participant number applies for evaluations?
3. Handling Results
- Who sees which results?
- How are results communicated?
- How are measures developed?
4. Measures
- Which measures will be implemented?
- How is effectiveness verified?
- When will the next survey take place?
Works Agreement on Risk Assessment
Many companies establish a works agreement to regulate psychological risk assessment.
Typical Contents
- Goals and principles of the assessment
- Applied method and instruments
- Procedure and schedule
- Data protection and anonymity
- Communication of results
- Measure development and tracking
- Training of participants
Benefits of a Works Agreement
- Legal certainty for both sides
- Clear rules for recurring implementations
- Transparency for all employees
Initiative Right of the Works Council
If the employer doesn't conduct a psychological risk assessment, the works council can take action:
- The works council can demand implementation
- If the employer refuses: Path to the arbitration board
- The arbitration board can order implementation
Constructive Cooperation
A successful psychological risk assessment requires cooperation between employer and works council:
Tips for the Works Council
- Seek dialogue with the employer early on
- Contribute constructively to the design
- Don't just demand rights, take responsibility
- Encourage employees to participate
Tips for the Employer
- Involve the works council from the start
- Create transparency about goals and approach
- Work together on solutions
- Utilize the works council's expertise
Conclusion
Involving the works council is not a tedious obligation but a success factor. Solutions developed together have higher acceptance and better implementation chances. SafeMind supports transparent and fair cooperation among all parties.
