Gültigkeitsgebiet: Bundesweit
Here you will find information on occupational health and safety as well as applicable laws, regulations, and employer obligations.
Occupational safety
Occupational health and safety law serves to protect the safety and health of employees at work by Prevention of occupational accidents and to ensure work-related health hazards. Occupational safety and health measures also include measures for the human-compatible design of work. This protection covers all areas of activity, meaning all employment in the private sector and the public service.
Important foundations for occupational health and safety in the company are the Occupational Health and Safety Act and this Occupational Health and Safety Act. According to the Occupational Health and Safety Act, the employer must assess health hazards in the workplace and necessary Implement protective measures. The Occupational Health and Safety Act regulates the employer's obligations regarding Appointment of Occupational Physicians and Specialists for occupational safety. Based on the Occupational Safety and Health Act, occupational safety and health regulations have been enacted that specify in greater detail the obligations of employers and occupational physicians.
Occupational Health and Safety Act
The employer has the following basic obligations:
Occupational Safety and Health Organization
The employer must ensure that the workplace has an effective occupational safety and health program. This means that the employer is responsible for ensuring that the Occupational safety is integrated into operational processes and within the company, appropriate contacts ensure that employers, supervisors, and designated individuals comply with occupational safety and health requirements. The Occupational Safety Act contains provisions regarding support from occupational safety specialists and company physicians (see below).
Risk assessment
Identification of hazard factors
The employer must conduct a risk assessment; that is, the employer must evaluate the working conditions at the workplace under Evaluate from an occupational safety perspective. The purpose of the hazard assessment is to identify the existing hazards so that the „right“ Protective Measures can be made.
The procedure is appropriately based on Operating Mode and the Company size including the relevant risk factors, such as those related to the workplace, work equipment, and job duties. The employer is required to take psychological stress factors into account in occupational safety and health measures.
Objectives of the risk assessment
Following the identification of hazard factors, the risk assessment aims to determine appropriate and necessary to define protective measures. These can be technical, organizational, so-called environmental prevention measures, or personal, so-called behavioral prevention measures.
Priority is given to measures related to Contextual Prevention. In doing so, employers must take into account specific hazards facing groups of employees who are particularly vulnerable, such as young people and employees with disabilities.
When implementing occupational safety and health measures, the employer has some flexibility to adapt to the specific circumstances of the workplace. The protective measures must be Effectiveness Verified and, if necessary, be adapted to reflect new findings.
To support employers in conducting the risk assessment, there are industry- and activity-specific Guidelines for the assessment of potential hazard factors and the protective measures to be taken, for example the ""Hazard Assessment" by the Federal Institute for Occupational Safety and Health (BAuA)".
Risk assessment documentation
The employer must Result the risk assessment and the necessary occupational safety measures taken in Document papers. This applies to all companies regardless of their size. For SMEs with 10 or fewer employees, there are simplifications regarding the fulfillment of the documentation obligation; see „Guideline Risk Assessment and Documentation“, Appendix 3 (Download PDF document).
Occupational health checkup
The employer is obliged to regularly provide employees with, depending on the hazardous activity, Participation at a occupational health screening to enable. This serves to assess the individual Interactions of work and physical as well as mental health, in particular education and counseling. In addition, it is about Early detection and the prevention of work-related illnesses and the preservation of employability.
For certain workplace hazards, the employer must provide employees with Offer occupational health screenings, e.g., during screen work. If the risks are particularly high, mandatory occupational health check-ups are required, e.g., for activities involving biological agents, see the Ordinance on Occupational Health Prevention below. The Costs occupational health screening may not be imposed on employees.
Instruction
The employer must provide training to employees so that they Accident and Health Hazards be able to recognize them as such and respond appropriately. A prerequisite for such a Instruction is a tailored approach to the specific work situation at the workplace. Certain occupational safety regulations, such as the Hazardous Substances Regulation and the Biological Agents Regulation, require general occupational health counseling as part of the training.
Specific Hazards and Emergency Procedures
The employer must ensure that access to particularly hazardous work areas is restricted to only Employee Access who have been properly trained in advance. In addition, he must have special Protective Measures establish requirements for employees who are or may be exposed to an immediate and significant hazard. In addition, the employer is required to, Measures to implement the measures necessary for first aid, firefighting, and evacuation in emergencies.
Accident report (IVa4)
The employer must notify the statutory accident insurance provider and the Occupational health and safety authority accidents notify employees in his company if employees are killed or injured to the extent that they are unable to work for more than three days.
Occupational Safety Regulations
The Occupational Health and Safety Act is regarding certain hazards at workplace specified by a series of occupational safety and health ordinances.
Ordinance on Industrial Workplaces
The Workplace Safety and Health Regulation stipulates that for Employer Requirements for the setup and operation of workplaces and for work with display screen equipment.
Industrial Safety Regulation
The Industrial Safety Regulation contains requirements for the safe Use of Work Equipment, in order to ensure the safety and health protection of employees. It provides employers with a comprehensive protection concept for all hazards emanating from work equipment.
Ordinance on Hazardous Substances
The Hazardous Substances Regulation establishes occupational safety requirements when employees perform tasks involving handle hazardous substances or when employees are performing their duties Hazardous substances are produced or be released.
Biological Substances Regulation
The Biological Agents Ordinance obliges employers to take the necessary protective measures for employees and other persons if, during their activity biological agents occur, be used, or be released.
Ordinance on Occupational Health Prevention
This ordinance contains provisions on occupational health care for employers and occupational physicians, see above. At the same time, it fulfills an occupational medical task pursuant to the Occupational Safety and Health Act, see below.
Ordinance on Safety and Health Protection in the Use of Personal Protective Equipment at Work
This regulation specifies the requirements of the Occupational Health and Safety Act in the event that employers provide their employees with personal protective equipment provide them if this is necessary for protection against a hazard to their safety and health at work.
Ordinance on the Protection of Employees against Hazards Caused by Noise and Vibrations
This regulation obligates employers whose employees Noise or vibrations are exposed, to take the necessary measures for protection against harm to health.
Ordinance on the Protection of Employees against Hazards Caused by Artificial Optical Radiation
This regulation establishes the following requirements for employers Requirements to protect employees from artificial hazards that pose a risk to their health optical radiation solid-state, such as laser applications.
Regulation on the Protection of Employees from Hazards Posed by Electromagnetic Fields
This regulation establishes requirements for the protection of employees at work against hazards to their health and safety arising from Exposure to electromagnetic fields firmly.
Regulation on the Handling of Loads
This regulation requires employers to implement protective measures when Carrying and Lifting Loads, which, for example, due to their weight, can be hazardous to the health of employees, particularly with regard to their lumbar spine.
Construction Site Regulations
The Construction Site Regulation sets forth requirements for the safety and health protection of workers on construction sites. Unlike other occupational safety and health laws, the Construction Site Regulation is primarily directed at the building owner. The client As the party initiating the construction project, I am responsible for coordinating the following measures: required. In particular, this is intended to ensure that measures are taken to prevent interdisciplinary hazards and the corresponding responsibilities are defined.
Occupational Health and Safety Act
Under the Occupational Safety Act, the employer must Occupational Physicians and Occupational Safety Specialists appoint personnel to advise and assist him in occupational safety and health and in accident prevention, for example, in conducting risk assessments. Company physicians and occupational safety specialists are required to cooperate. In applying their expertise, they are not subject to instructions.
The requirements of the Occupational Safety Act are set forth in the accident prevention regulation „Company Physicians and Occupational Safety Specialists“ (DGUV Regulation 2) is specified by the statutory accident insurance institution.
The Accident insurance institution have the Prevention Mission, to ensure, by all appropriate means, the prevention of workplace accidents, work-related health hazards, and occupational diseases. To fulfill this mandate, they have, in particular, the authority to establish independent regulations to specify or supplement state occupational safety and health laws industry-specific accident prevention regulations to enact. The legal basis for this is the Book Seven of the Social Code (SGB VII).
Government Agencies
The responsibility for inspecting workplaces, verifying compliance with occupational safety regulations, and ensuring such compliance through appropriate measures rests with the Occupational health and safety authorities of the federal states. The states coordinate their administrative action in State Committee for Occupational Health and Safety and Engineering Safety (LASI) ab.
Based on their prevention mandate under Book VII of the Social Code (SGB VII), accident insurance institutions also monitor the implementation of occupational health and safety in companies. For this purpose, they specifically check compliance with the accident prevention regulations.
The federal states and accident insurance institutions as well as the federal government as the legislature work together in the Joint German Occupational Safety and Health Strategy (GDA) together to optimize occupational health and safety in order to ensure the safety and health of employees. An essential element of the strategy is the commitment of the participants to common occupational health and safety goals and areas of action. The GDA bodies are to align their actions according to common principles and in coordinated programs.
Working Hours Act
The Working Hours Act establishes the Health protection the safety of employees by ensuring that the maximum daily working hours limited, as well as minimum rest breaks during work and Minimum Rest Periods determines after the end of the workday.
At the same time, the law contains framework conditions for the agreement flexible work schedules. Night workers are afforded special protection. Rest on Sundays and public holidays is protected by a general prohibition on work. Work on these days is permitted only in exceptional cases.
Youth Employment Protection Act
The Youth Occupational Safety and Health Act protects young people under 18 years of age, regardless of whether they are employed as trainees or as employees. Basically forbidden is according to the law the Child Labor, as well as young people under 15 years of age, and comparable juveniles subject to compulsory full-time schooling. Workplace safety is even more important for children and adolescents as occupational safety measures for adults, since they are less resilient and therefore must not be exposed to the same levels of stress. The Youth Occupational Safety Act and the Protect the Child Labor Protection Ordinance that's why Children and to protect young people from work that starts too early, lasts too long, is too hard, puts them at risk, or is unsuitable for them.
Government Agencies
Monitoring the Compliance with Regulations of the Working Hours Act and the Youth Labor Protection Act is the responsibility of the state occupational safety and health authorities. Employees have the right to contact these authorities if they encounter problems at work. They can also file a complaint through the states’ online portals, for example Contact persons and occupational health and safety consulting of the Ministry of Labour, Health and Social Affairs of the State of North Rhine-Westphalia.
Legislation
(Occupational Safety and Health Act, Workplace Safety Act, Occupational Safety and Health Regulations, Working Hours Act, Youth Labor Protection Act)
Information/Publications on Occupational Safety and Health
State Occupational Safety and Health Agencies
Statutory Accident Insurance Provider
Prevention mandate of the accident insurance institutions
Joint German Occupational Safety and Health Strategy
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