HEALTH AND SAFETY AT WORK ACT AND THE COMPANY`S EXPANSION ABROAD IN GERMANY
REGULATORY BODIES FOR OCCUPATIONAL SAFETY AND HEALTH REGULATIONS IN GERMANY
In Germany, regulations concerning occupational safety and health (OSH) are managed by several key authorities at both the federal and state levels. It is crucial for businesses operating in this country to understand these institutions and the legislations they enact. Here is a list of the main OSH regulatory bodies in Germany.
| Organization Level | Name and Description of Institution | Website |
|---|---|---|
| Federal Level | Federal Ministry of Labour and Social Affairs (BMAS): Responsible for shaping labour policies, social integration, and ensuring social security and safety at work in Germany. | BMAS |
| Federal Institute for Occupational Safety and Health (BAuA): Specializes in scientific research and advisory services concerning work safety, promoting healthy and safe working environments. | BAuA | |
| State Level | Ministries of Labour at individual states: Regulate issues related to labour and OSH at the local level, adjusting the regulations to the specifics of the region. | Check on Google by entering: Ministry of Labour in (target state in Germany) |
| Offices for Occupational Safety and Health at individual states: Supervise the adherence to OSH regulations at the state level, offering support and inspections at workplaces. | Check on Google by entering: Offices for Occupational Safety and Health (target state in Germany) | |
| Other Important Institutions | German Social Accident Insurance (DGUV): Coordinates the accident insurance system for occupational accidents and diseases, promoting accident prevention and improving safety standards. | DGUV |
| Robert Koch Institute (RKI): A renowned research institute in the field of public health, dealing with the prevention and control of diseases, including occupational ones. | RKI |
LEGAL REQUIREMENTS FOR OSH PROFESSIONALS IN GERMANY
The occupation of an OSH professional in Germany is not a regulated profession. This means that there are no strictly defined formal requirements that must be met to work as an OSH professional.
However, there are several key qualifications that are commonly desired by employers:
QUALIFICATIONS:
| Category | Description |
|---|---|
| Education | – Higher education in the field of occupational safety and health, engineering, medicine, or related. – Opportunity to obtain qualifications through completing relevant training and courses. |
| Experience | – Professional experience in the field of occupational safety and health. – Experience in conducting training and advisory services in OSH. |
| Skills | – Knowledge of OSH regulations in Germany. – Knowledge of risk assessment techniques. – Ability to conduct training and provide advisory services in OSH. – Good communication skills. |
| Additional Qualifications | – Certificates from completing OSH training and courses. – Membership in professional OSH organizations. |
CERTIFICATES AND TRAINING:
| Category | Name | Description |
|---|---|---|
| Certificates | Fachkraft für Arbeitssicherheit (FwAS) | Certificate for OSH professional granted by the German Social Accident Insurance (DGUV). The most recognizable OSH certificate in Germany. |
| Geprüfter Sicherheitsbeauftragter (GSiB) | Certificate granted by TÜV Rheinland, confirming qualifications in work safety. | |
| Sicherheitstechnische Fachkraft (SiFa) | Certificate granted by Berufsgenossenschaften (BG), recognized as valid proof of competence in work safety. | |
| Training | Ausbildung zum Fachwirt für Arbeitssicherheit | 3-year vocational training that culminates in obtaining the title of OSH specialist, providing comprehensive knowledge and skills. |
| Weiterbildung zum Fachsicherheitsingenieur | 2-year postgraduate training aimed at engineers, intended to achieve specialized qualifications in OSH. | |
| Fortbildungen | Various courses and advanced training for OSH professionals, offering knowledge updates and skill development. |
LEGISLATION:
The main legal act regulating the activity of OSH professionals in Germany is the Occupational Safety and Health Act (Arbeitsschutzgesetz, ArbSchG). This act defines the general duties of employers and employees in terms of safety and hygiene at work.
Additionally, there are a number of regulations and other legal acts that regulate detailed OSH issues, including:
- Regulation on Safety and Health at Work (Arbeitsstättenverordnung, ArbStättV): Specifies detailed requirements for safety and hygiene at workplaces.
- Safety and Health at Work Rules (Technische Regeln für Betriebssicherheit, TRBS): Contains detailed technical solutions concerning safety and hygiene at work.
- Acts on Accident Insurance at Work (Gesetzliche Unfallversicherung): Defines the duties and insurance benefits in the event of occupational accidents and diseases.
DUTIES:
| Category | Description of Duties |
|---|---|
| General duties | – Advising employers and employees on safety and hygiene at work. – Occupational risk assessment. – Developing and implementing occupational safety and health programs. – Conducting training and instruction in OSH. – Supervising the adherence to OSH regulations. – Keeping OSH documentation. – Collaborating with OSH supervisory authorities. |
| Detailed duties | – Occupational risk assessment: Identifying and assessing hazards at the workplace, determining risk and developing preventative measures. – Developing and implementing occupational safety and health programs: Planning and implementing actions aimed at improving safety and hygiene at work. – Conducting training and instruction in OSH: Training employees in safety and hygiene at work, including job-specific instruction. – Supervising the adherence to OSH regulations: Monitoring compliance with OSH regulations at the workplace. – Keeping OSH documentation: Maintaining documentation related to risk assessments, training, workplace accidents, and occupational diseases. – Collaborating with OSH supervisory authorities: Cooperating with the State Labour Inspection and other OSH supervisory bodies. |
| Additional duties | – Investigating workplace accidents and occupational diseases. – Developing operating instructions for machinery and equipment. – Selecting personal protective equipment. – Organizing OSH promotional campaigns. |
ADDITIONAL INFORMATION:
- Federal Institute for Occupational Safety and Health (Bundesanstalt für Arbeitsschutz und Arbeitsmedizin, BAuA): https://www.baua.de/
- German Social Accident Insurance (Deutsche Gesetzliche Unfallversicherung, DGUV): https://www.dguv.de/
- Robert Koch Institute (Robert Koch-Institut, RKI): https://www.rki.de/
DOCUMENTS IN GERMAN LAW
Arbeitsvertragsgesetz, ArbVG
- Employment Contract Act (Arbeitsvertragsgesetz, ArbVG): It defines the general principles for entering into and terminating employment contracts, as well as regulates issues of remuneration, working hours, holidays, and other benefits.
- Working Time Protection Act (Arbeitszeitgesetz, ArbZG): It specifies the maximum working hours, minimum rest periods and other issues related to working time.
- Annual Leave Act (Bundesurlaubsgesetz, BUrlG): It establishes the right to annual leave and its duration.
- Maternity Protection Act (Mutterschutzgesetz, MuSchG): It defines the rights of women during pregnancy and after childbirth.
- Protection of Young Workers Act (Jugendschutzgesetz, JArbSchG): It specifies special rules for the employment of young workers.
WHAT ARE THE MINIMUM REQUIREMENTS FOR ANNUAL LEAVE IN GERMANY?
WHAT ARE THE MAXIMUM PERMISSIBLE WORKING HOURS IN GERMANY?
WHAT SPECIFIC RIGHTS DO PREGNANT WOMEN HAVE IN GERMANY?
Equivalent of “Arbeitsvertragsgesetz, ArbVG” in other Countries:
| Country | Equivalent of “Arbeitsvertragsgesetz, ArbVG” |
|---|---|
| UK | Labour Code / Employment Law |
| France | Code du Travail |
| Italy | Codice del Lavoro |
| Spain | Estatuto de los Trabajadores |
| Poland | Kodeks Pracy |
| Netherlands | Burgerlijk Wetboek (BW) – part concerning labour law |
| Belgium | Code du travail / Arbeidswet |
| Sweden | Lag om anställningsskydd (LAS) |
| Denmark | Arbejdsmarkedslovgivningen |
| Austria | Arbeitsrecht / Arbeitsgesetzbuch |
Gefährdungsbeurteilung
Risk assessment is the process of identifying hazards that are or can be present in the workplace. The manner in which they can cause harm and taking steps to minimize them.
WHO IS RESPONSIBLE FOR CONDUCTING GEFÄHRDUNGSBEURTEILUNG?
HOW OFTEN SHOULD GEFÄHRDUNGSBEURTEILUNG BE CONDUCTED?
WHAT ARE THE CONSEQUENCES OF NOT CONDUCTING GEFÄHRDUNGSBEURTEILUNG?
Equivalent of “Gefährdungsbeurteilung” in other Countries:
| Country | Equivalent of “Gefährdungsbeurteilung“ |
|---|---|
| UK | Risk Assessment |
| France | Évaluation des risques |
| Italy | Valutazione del rischio |
| Spain | Evaluación de riesgos |
| Poland | Ocena ryzyka |
| Romania | Evaluarea riscului |
| Netherlands | Risicobeoordeling |
| Belgium | Risicoanalyse / Évaluation des risques |
| Greece | Εκτίμηση κινδύνου (Ektími̱si̱ kíndynou) |
| Portugal | Avaliação de riscos |
Arbeitsschutzgesetz (ArbSchG)
Occupational Safety and Health Act (Arbeitsschutzgesetz, ArbSchG) defines the general principles of occupational safety and health in Germany, aimed at protecting the health and life of workers.
WHO IS RESPONSIBLE FOR HEALTH AND SAFETY AT WORK IN GERMANY?
WHAT ARE THE EMPLOYER`S DUTIES CONCERNING HEALTH AND SAFETY AT WORK?
2. Provide employees with appropriate personal protective equipment.
3. Provide employees with training in occupational safety and health.
4. Monitor working conditions and take action to improve them.
WHAT ARE THE EMPLOYEE`S RIGHTS CONCERNING HEALTH AND SAFETY AT WORK?
2. The right to information about hazards in the workplace.
3. The right to refuse to perform work that is dangerous.
4. The right to participate in training in occupational safety and health.
Equivalent of “Arbeitsschutzgesetz (ArbSchG)” in other Countries:
| Country | Equivalent of Arbeitsschutzgesetz (ArbSchG) |
|---|---|
| UK | Health and Safety at Work Act |
| France | Code du travail (occupational health and safety section) |
| Italy | Decreto Legislativo 81/2008 |
| Spain | Ley de Prevención de Riesgos Laborales |
| Poland | Act on Safety and Hygiene at Work |
| Romania | Legea securității și sănătății în muncă |
| Netherlands | Arbowet (Arbeidsomstandighedenwet) |
| Belgium | Welzijnswet (Act concerning the welfare of workers in the performance of their work) |
| Greece | Νόμος περί Υγείας και Ασφάλειας στην Εργασία (Law on Health and Safety at Work) |
| Portugal | Lei da Segurança e Saúde no Trabalho |
Gefährdungsbeurteilung and Operating Instructions (GuB)
Gefährdungsbeurteilung and Operating Instructions are mandatory for all employers in Germany and must be updated regularly, as well as whenever there is a change in the workplace that may affect the safety of employees.
WHO IS RESPONSIBLE FOR CONDUCTING GEFÄHRDUNGSBEURTEILUNG UND BETRIEBSANWEISUNG?
HOW OFTEN SHOULD GEFÄHRDUNGSBEURTEILUNG UND BETRIEBSANWEISUNG BE CONDUCTED?
WHAT ARE THE CONSEQUENCES OF NOT CONDUCTING GEFÄHRDUNGSBEURTEILUNG UND BETRIEBSANWEISUNG?
Equivalent of “Gefährdungsbeurteilung und Betriebsanweisung (GuB)” in other countries:
| Country | Equivalent Gefährdungsbeurteilung und Betriebsanweisung (GuB) |
|---|---|
| UK | Risk Assessment and Method Statement (RAMS) |
| France | Document unique d`évaluation des risques professionnels (DUERP) |
| Italy | Valutazione dei Rischi |
| Spain | Plano de Seguridad y Salud |
| Poland | Safe Work Instruction Manual (IBWR) |
| Romania | Sistem de Securitate a Muncii (SSM) |
| Netherlands | Veiligheids Beheer Systeem (VBS) |
| Belgium | Veiligheid, gezondheid en milieu Checklist Aannemers (VCA) |
| Greece | Εκτίμηση Κινδύνου (Ektí̱mi̱si̱ Kíndynou) |
| Portugal | Plano de Prevenção de Riscos |
Prüf – und Inspektionsplan (Prüfplan)
Prüfplan is a document that defines procedures and acceptance criteria for inspections and testing of components, systems, and devices. It includes:
- Scope of inspection and testing: Defines which elements will be subjected to inspection and testing.
- Methods of inspection and testing: Defines which methods will be used for inspection and testing.
- Acceptance criteria: Defines the criteria that must be met for an element to be considered compliant with the requirements.
- Schedule of inspections and testing: Defines when inspections and tests will be conducted.
- Responsibilities: Defines who is responsible for conducting inspections and tests.
Prüfplan is an essential tool for ensuring the quality and safety of components, systems, and devices. It is used in various industries, including automotive, aerospace, machine, and construction industries.
WHO IS RESPONSIBLE FOR CREATING A PRÜFPLAN?
WHAT ARE THE BENEFITS OF USING A PRÜFPLAN?
1. Enhanced quality: Prüfplan helps ensure that all components, systems, and devices comply with requirements.
2. Improved safety: Prüfplan helps identify and eliminate potential safety hazards.
3. Time and cost savings: Prüfplan helps streamline the inspection and testing process, which can lead to time and cost savings.
4. Better documentation: Prüfplan provides detailed documentation of the inspection and testing process.
WHAT ARE THE BEST PRACTICES FOR CREATING A PRÜFPLAN?
1. Engaging all stakeholders: It is important to take into account the needs of all stakeholders, including designers, engineers, production workers, and quality controllers, in the process of creating a Prüfplan.
2. Precisely defining the scope: Prüfplan should precisely define which elements will be subjected to inspection and testing.
3. Selecting appropriate methods: Appropriate inspection and testing methods should be chosen to be consistent with project requirements.
4. Establishing clear acceptance criteria: Acceptance criteria should be clear and understandable to everyone involved in the inspection and testing process.
5. Regularly updating the Prüfplan: Prüfplan should be regularly updated to reflect changes in the project.
Equivalent of “Prüf- und Inspektionsplan (Prüfplan)” in other countries:
| Country | Equivalent Prüf- und Inspektionsplan (Prüfplan) |
|---|---|
| UK | Inspection and Test Plan (ITP) |
| France | Plan d`Inspection et de Test (PIT) |
| Italy | Piano di Ispezione e Test (PIT) |
| Spain | Plan de Inspección y Prueba (PIP) |
| Poland | Inspection and Testing Plan (PIB) |
| Romania | Planul de Inspecție și Testare (PIT) |
| Netherlands | Inspectie- en Testplan (ITP) |
| Belgium | Inspectie- en Testplan (ITP) / Plan d`Inspection et de Test (PIT) |
| Greece | Σχέδιο Επιθεώρησης και Δοκιμών (ΣΕΔ) |
| Portugal | Plano de Inspeção e Teste (PIT) |
Gesetz über den Brandschutz, die Hilfeleistung und den Katastrophenschutz (Bundesbrandschutzgesetz, BBKG)
Bundesbrandschutzgesetz (BBKG) is a federal law that sets the general principles of fire protection in Germany. It includes:
- Tasks and duties of various public administration bodies, fire services, and other entities in the field of fire protection.
- Requirements for the structural safety and equipment of buildings.
- Regulations concerning procedures in case of fire.
- Training of firefighters and other individuals in fire protection.
In addition to the BBKG, there are also many other regulations governing fire protection in Germany, including:
- Landesbrandschutzgesetze (state fire protection laws)
- Verordnungen (decree)
- Technische Regeln (technical rules)
WHO IS RESPONSIBLE FOR FIRE PROTECTION IN GERMANY?
1. Federal Union: Establishes general principles of fire protection in the BBKG Act.
2. Federal states: Introduce detailed fire protection regulations in their fire protection laws.
3. Municipalities: Are responsible for fire protection in their area.
4. Owners and users of buildings: Are obligated to ensure the fire safety of their facilities.
5. Fire Brigade: Responsible for firefighting and other firefighting and rescue activities.
WHAT ARE THE MOST IMPORTANT DUTIES OF BUILDING OWNERS AND USERS IN TERMS OF FIRE PROTECTION IN GERMANY?
1. Providing appropriate firefighting equipment, e.g., extinguishers and smoke detectors.
2. Conducting regular inspections and maintenance of firefighting equipment.
3. Training employees in fire protection.
Developing evacuation plans in case of fire.
WHAT ARE THE PENALTIES FOR NON-COMPLIANCE WITH FIRE PROTECTION REGULATIONS IN GERMANY?
1. Fine up to 50,000 euros.
2. Closure of the facility.
3. Imprisonment up to 5 years.
Equivalent to “Gesetz über den Brandschutz, die Hilfeleistung und den Katastrophenschutz (Bundesbrandschutzgesetz, BBKG)” in other countries:
| Country | Equivalent to Gesetz über den Brandschutz, die Hilfeleistung und den Katastrophenschutz (Bundesbrandschutzgesetz, BBKG) |
|---|---|
| UK | The Fire Safety Act |
| France | Loi sur la sécurité incendie |
| Italy | Legge sulla sicurezza antincendio |
| Spain | Ley de Seguridad Contra Incendios |
| Poland | Ustawa o Ochronie Przeciwpożarowej |
| Romania | Legea Securității la Incendiu |
| Netherlands | Brandveiligheidswet |
| Belgium | Wet betreffende de brandveiligheid |
| Greece | Νόμος Πυρασφάλειας |
| Portugal | Lei da Segurança Contra Incêndios |
LEGAL RESPONSIBILITY OF HEALTH AND SAFETY PROFESSIONALS IN GERMANY
Health and safety professionals in Germany bear legal responsibility for their actions and omissions in the field of occupational safety and health. This responsibility may be:
| Aspect | Examples | Consequences |
|---|---|---|
| Civil liability | – Liability for occupational disease infections. – Liability for workplace accidents. – Liability for mental illnesses caused by work-related stress. | – Compensation to injured employees or employer. – Possible claims for damages. |
| Criminal liability | – Intentionally endangering employees. – Falsifying health and safety documentation. – Not reporting workplace accidents to the appropriate authorities. | – Imprisonment. – Fines. – Monetary penalties. |
| Administrative liability | – Violation of health and safety regulations. | – Reprimand. – Penal fine. – Professional ban. |
Important!
Health and safety professionals can insure themselves against civil and criminal liability. This insurance can help them cover the costs of compensation in case they are held liable for their actions or omissions.
SPECIFICS OF HEALTH AND SAFETY TRAINING FOR EMPLOYEES IN GERMANY
In Germany, ensuring safe and healthy working conditions is not only a moral duty of the employer but also a legal requirement. Occupational health and safety trainings play a key role in achieving this goal. Below is important information about the specifics of health and safety trainings for employees in Germany:
LEGAL REQUIREMENTS
- Occupational Safety and Health Act (Arbeitsschutzgesetz, ArbSchG)
- Occupational Safety and Health Regulation (Arbeitsschutzverordnung, ArbSchV)
- DGUV Rules (Deutsche Gesetzliche Unfallversicherung)
TYPES OF TRAININGS
In Germany, there are two main types of health and safety trainings:
- Basic training: This is mandatory training for all newly employed workers. It covers general occupational safety and health issues such as:
- Risk assessment
- Protection from falls from heights
- Procedure in the event of an accident
- Periodic training: This is supplementary training that must be repeated periodically (usually every 3-5 years). It covers detailed occupational safety and health issues related to a specific job position.
Basic health and safety training for employees in Germany
| Type of Training/Certificate | Description |
|---|---|
| Basic health and safety training | – Mandatory for all newly employed workers. – Covers general occupational safety and health issues, such as risk assessment, protection from falls from heights, procedure in the event of an accident. – Should take place within the first six weeks of employment. |
| Periodic health and safety training | – Supplementary training, required to be repeated periodically (usually every 3-5 years). – Focuses on detailed occupational safety and health issues related to a specific job position. |
| Machine safety certificate | – Confirms the ability to safely operate machines and equipment. |
| First aid certificate | – Confirms the ability to provide pre-medical first aid. |
| Fire protection certificate | – Confirms the ability to act in case of fire. |
| List of health and safety trainings and certificates | – A complete list of required health and safety trainings and certificates for a specific job position can be found in the DGUV Rules (Deutsche Gesetzliche Unfallversicherung). – DGUV Rules |
Periodic health and safety training for employees in Germany
| Category | Information |
|---|---|
| Frequency of periodic trainings | – Employees at low risk: every 3 years – Employees at medium risk: every 2 years – Employees at high risk: every year |
| Scope of periodic trainings | – Current health and safety regulations – Occupational risk assessment – Safe use of machines and equipment – Protection from falls from heights – Procedure in case of malfunction or accident – Pre-medical first aid – Fire protection |
| Certificates | Participants of periodic trainings receive certificates confirming their attendance at the training, which are valid for a period of 3-5 years, depending on the frequency of the periodic trainings. |
Where can I find training for employees in Germany?
| Organization | Website |
|---|---|
| German Institute for Occupational Safety and Health (BAuA) | https://www.baua.de/ |
| Deutsche Gesetzliche Unfallversicherung (DGUV) | https://www.dguv.de/de/ |
| Trade Union IG Metall | https://www.igmetall.de/ |
| Chambers of Industry and Commerce (IHK) | https://www.ihk.de/ |
| Private training companies | No specific page |
Training Content
The content of occupational health and safety training in Germany depends on the type of training (basic/periodic) and the specifics of the job position. Below is a general outline of the content:
- General occupational safety and health topics:
- Principles of occupational safety and health in Germany
- Occupational risk assessment
- Protection against falls from height
- Procedure in case of an accident
- Rights and duties of employees in occupational health and safety:
- Occupational Safety and Health Act (Arbeitsschutzgesetz, ArbSchG)
- Occupational Safety and Health Regulation (Arbeitsschutzverordnung, ArbSchV)
- Rules of DGUV (Deutsche Gesetzliche Unfallversicherung)
- Fire protection:
- Procedures in case of fire
- Fire extinguisher handling
- Evacuation routes
- Basic first aid:
- Basic first aid principles
- Cardiopulmonary resuscitation (CPR)
- Management of typical injuries
TRAINING METHODS
Trainings can take various forms, depending on the needs of the employer and employees:
- Lectures
- Practical exercises
- E-learning
TRAINING EFFECTIVENESS EVALUATION
An evaluation is conducted to ensure that employees have acquired the necessary knowledge and skills. This is a key element of the training process.
COLLABORATION WITH LOCAL OCCUPATIONAL HEALTH AND SAFETY SERVICES IN GERMANY: WHY IS IT WORTHWHILE?
Collaborating with local occupational health and safety services in Germany brings many benefits to both employers and employees. Here are some reasons why it is worth establishing such cooperation:
1. Enhancing occupational safety and health
Local occupational health and safety services have extensive knowledge and experience in the field. They can assist employers in:
- Occupational risk assessment
- Developing and implementing an occupational safety and health management system
- Conducting occupational health and safety training for employees
- Monitoring working conditions for safety
- Investigating the causes of workplace accidents
2. Reducing costs
Collaborating with local occupational health and safety services can assist employers in:
- Preventing workplace accidents
- Reducing sick leave
- Decreasing insurance costs
3. Improving employee morale and motivation
Employees who feel safe at work are more motivated and productive. Collaborating with local occupational health and safety services can help in:
- Increasing employees` awareness of occupational safety and health
- Creating a positive work atmosphere
- Enhancing employees` trust in their employer
4. Fulfilling legal requirements
In Germany, there are numerous regulations concerning occupational safety and health. Employers are obligated to comply with these regulations. Local occupational health and safety services can help employers in:
- Identifying relevant regulations
- Understanding and interpreting regulations
- Implementing appropriate procedures and solutions
5. Access to information and advice
Local occupational health and safety services offer a wide range of information and advice on occupational safety and health. Employers can seek assistance in:
- Solving problems related to occupational safety and health
- Selecting appropriate personal protective equipment
- Obtaining funding to improve working conditions
Local Occupational Health and Safety Services in Germany
There are many different local occupational health and safety services in Germany. The most important include:
- Occupational Safety and Health Offices (Gewerbeaufsichtsämter):
- Accident Insurance Funds (Berufsgenossenschaften):
- Occupational Safety and Health Research Institutes:
Engaging the services of local occupational health and safety services is voluntary, but definitely worth considering. Collaborating with these services can help employers ensure safe and hygienic working conditions, which in turn leads to many benefits for both the company and the employees.