Is Psychological Risk Assessment Mandatory?
Yes, psychological risk assessment is legally mandatory for all employers in Germany.
Many business owners ask this question, and the answer is clear: Since the amendment to the German Occupational Health and Safety Act in 2013, employers must systematically identify and evaluate psychological stress in the workplace.
The Legal Basis
The obligation derives from § 5 para. 3 no. 6 of the German Occupational Health and Safety Act (ArbSchG):
"A hazard may arise in particular from [...] psychological stress at work."
This 2013 amendment was a response to the sharp increase in mental health issues in the workplace. The legislature made clear: Psychological stressors must be taken just as seriously as physical hazards.
Who Does the Obligation Apply To?
The obligation for psychological risk assessment applies to:
- All employers – regardless of company size
- All industries – from craft businesses to corporations
- From the first employee – there are no minimum thresholds
- For all workplaces – office, production, mobile work
No Exceptions
Unlike some other employment law regulations, there are no exceptions for small businesses when it comes to psychological risk assessment. Even a company with just one employee must assess psychological stressors.
Only the documentation requirement kicks in from 10 employees (§ 6 ArbSchG). But smaller businesses are also well advised to document their risk assessment – if only as proof during inspections.
What Penalties Apply for Violations?
Failure to conduct psychological risk assessment can have serious consequences:
Fines under § 25 ArbSchG
- Up to €5,000 for administrative offenses
- Up to €30,000 for persistent violations
- Fines can be imposed per violation
Personal Liability
Particularly critical: In the event of work accidents or occupational diseases attributable to missing risk assessment, management faces personal liability:
- Civil liability towards affected employees
- Recourse claims from employer's liability insurance associations
- Criminal consequences for intentional violations (§ 26 ArbSchG)
Criminal Liability for Intent
Anyone who intentionally violates the risk assessment obligation and thereby endangers the life or health of an employee is liable under § 26 ArbSchG. Penalties include imprisonment up to one year or fines.
GDA Inspections 2026: Increased Scrutiny
The Joint German Occupational Safety and Health Strategy (GDA) has designated psychological stress as a priority topic for 2024-2029.
What This Means for Companies
- More inspections: Trade supervisory authorities and insurance associations are increasing checks
- Standardized inspection procedures: Uniform checklists for checking risk assessments
- No more leniency: While warnings were often issued before, fines are now imposed
Current Statistics
According to GDA surveys, only about 50% of German companies have conducted a complete psychological risk assessment. The other half is risking substantial penalties.
What is Checked During Inspections?
Inspectors look for the following during controls:
1. Implementation
- Was a psychological risk assessment conducted?
- Were all relevant activity areas covered?
- Was a recognized method used?
2. Documentation
- Is there written documentation?
- Does it contain all required content?
- Is the documentation current?
3. Measures
- Were measures derived from the results?
- Were the measures implemented?
- Was effectiveness reviewed?
4. Participation
- Was the works council involved (if applicable)?
- Were employees informed?
How to Fulfill Your Obligations
The good news: With the right approach, fulfilling legal obligations is achievable:
Step 1: Choose a Method
Select a recognized method such as standardized questionnaires (e.g., COPSOQ), interviews, or workshops.
Step 2: Define Activity Areas
Group similar activities together. You don't need to examine each individual workplace separately.
Step 3: Assess Stressors
Conduct the survey or analysis. With digital tools like SafeMind, this can be done quickly and anonymously.
Step 4: Document
Record results, measures, and effectiveness reviews in writing.
Step 5: Implement Measures
Develop and implement improvements for identified problem areas.
Step 6: Update Regularly
Repeat the assessment when significant changes occur and at least every 2-3 years.
Conclusion: Act Now Instead of Waiting
Psychological risk assessment is not optional – it's a legal requirement. The increased inspections from 2026 make clear: Those who haven't yet conducted an assessment should wait no longer.
With SafeMind, you can fulfill your obligations quickly, efficiently, and in compliance with regulations – while also improving working conditions for your employees.
