Delegation of duties (Pflichtenübertragung)
Also: Pflichtenübertragung, delegation of employer duties
Definition
Delegation of duties is the written transfer of the employer's occupational safety duties to reliable and competent persons, such as plant managers or foremen (Section 13 (2) of the German Occupational Safety and Health Act, Section 13 DGUV Regulation 1). Overall responsibility and the duty to monitor remain with the employer.
The delegation must be in writing and clearly name the area of responsibility, tasks and powers – anyone who delegates duties must also provide the means and decision-making powers to fulfil them. Even without explicit delegation, managers are not free of responsibility: their position gives rise to a duty of care for the safety of their staff.
The employer remains liable for selecting, guiding and supervising the persons appointed (organisational fault).
Legal basis
- Section 13 of the Occupational Safety and Health Act
- Section 13 DGUV Regulation 1
- Section 9 of the Administrative Offences Act (OWiG), Section 14 of the Criminal Code (StGB)
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Related terms
This glossary entry gives a general overview of German occupational safety law and does not replace legal advice. The regulations in force and the rules of the statutory accident insurance institutions are authoritative.
