Employer duties in occupational safety in Germany: the overview with checklist
From the first employee, dozens of duties apply under the Occupational Safety and Health Act, the Occupational Safety Act and DGUV Regulation 1. What they are, from which company size they apply and how to organise them – in brief, with a checklist.
Last updated on 10 min readAMS Go editorial team
Key points at a glance
- The employer is responsible for the safety and health of employees (Section 3 of the Occupational Safety and Health Act, ArbSchG). Tasks can be delegated in writing, but overall responsibility remains with the employer.
- From the first employee: risk assessment, safety instruction, support from an occupational safety specialist and a company doctor, first aid, inspection of work equipment and occupational health checks.
- From more than 20 employees, an occupational safety committee is added; from 50 employees, safety representatives must be appointed – earlier if there are particular hazards. The number of first aiders and fire wardens grows with the workforce.
- Violations can lead to fines of up to €30,000, prison sentences for intentional endangerment and, after accidents, recourse claims by the accident insurance institution.
Where the duties come from
Occupational safety in Germany follows a dual system: the state sets the framework with the Occupational Safety and Health Act and its ordinances, and the statutory accident insurance institutions – employers' liability insurance associations (Berufsgenossenschaften) and public accident insurance funds (Unfallkassen) – complement it with accident prevention regulations. Both sides monitor compliance: the state labour inspectorate as well as the inspectors of the employers' liability insurance association.
Occupational Safety and Health Act (ArbSchG)
What it coversbasic duties: risk assessment, documentation, safety instruction, organisation, duties of employees
Occupational Safety Act (ASiG) and DGUV Regulation 2
What it coversappointment of occupational safety specialist and company doctor, occupational safety committee
DGUV Regulation 1 “Principles of prevention”
What it coversfirst aiders, safety representatives, safety instruction, first aid log, PPE – from the accident insurance perspective
Ordinance on Industrial Safety and Health (BetrSichV)
What it coversprovision and inspection of work equipment, inspection intervals
Hazardous Substances Ordinance (GefStoffV)
What it covershazardous substances register, operating instructions, protective measures, substitution
Workplaces Ordinance (ArbStättV)
What it coversrooms, traffic routes, escape and rescue routes, lighting, display screen work, telework
Ordinance on Occupational Health Care (ArbMedVV)
What it coversmandatory, offered and requested health checks
Other ordinances and rules
What it coversNoise and Vibration Ordinance, PPE Use Ordinance, Maternity Protection Act, Youth Employment Protection Act, technical rules (ASR, TRBS, TRGS)
Duties from the first employee
Most duties apply regardless of company size – from the very first employee, including part-time staff and mini-jobbers:
Carry out and document a risk assessment
Legal basisSections 5, 6 ArbSchG
What needs to be doneIdentify and assess hazards for all activities, define measures and check their effectiveness; update when things change.
Instruct employees
Legal basisSection 12 ArbSchG, Section 4 DGUV Regulation 1
What needs to be doneBefore starting work, when things change and at least once a year – documented with content, date and participants.
Appoint an occupational safety specialist and a company doctor
Legal basisSections 2, 5 ASiG, DGUV Regulation 2
What needs to be doneAppoint in writing, internal or external. Depending on the accident insurance institution, companies with up to 50 employees can choose the alternative needs-based support model if the employer completes training.
Organise first aid
Legal basisSection 10 ArbSchG, Sections 24–28 DGUV Regulation 1
What needs to be doneTrain first aiders, keep first aid supplies ready, document first aid in the first aid log (Verbandbuch), post emergency numbers and the rescue chain.
Ensure fire safety
Legal basisSection 10 ArbSchG, ASR A2.2
What needs to be doneProvide and inspect fire extinguishers, appoint fire wardens (guideline 5 per cent of employees), keep escape and rescue routes clear.
Provide and inspect work equipment
Legal basisSections 4–14 BetrSichV
What needs to be doneOnly use suitable, safe work equipment; set inspection intervals and have inspections carried out and documented by qualified persons.
Manage hazardous substances
Legal basisSections 6–14 GefStoffV
What needs to be doneObtain safety data sheets, keep a hazardous substances register, prepare operating instructions, check substitution.
Provide personal protective equipment
Legal basisSection 3 (3) ArbSchG, PSA-BV
What needs to be doneFree of charge, suitable, inspected – with instruction before first use.
Occupational health checks
Legal basisArbMedVV
What needs to be doneArrange mandatory checks before certain activities start, offer offered checks, allow requested checks; keep a health care register.
Set up the workplace safely
Legal basisArbStättV, ASR
What needs to be doneTraffic routes, lighting, indoor climate, sanitary facilities and break rooms, escape and rescue routes, safety signs.
Report accidents
Legal basisSection 193 SGB VII
What needs to be doneReport workplace and commuting accidents with more than three days of inability to work to the employers' liability insurance association within three days; fatal accidents immediately.
Involve and inform employees
Legal basisSections 16, 17 ArbSchG
What needs to be doneEmployees' right to make suggestions, participation of the works council in occupational safety matters (Section 87 (1) No. 7 of the Works Constitution Act, BetrVG).
Duties that are added as the company grows
Some duties depend on the number of employees. The most important thresholds:
Employees 2 to 20 insured persons present
Dutyat least one first aider
Legal basisSection 26 DGUV Regulation 1
more than 20 insured persons present
Dutyfirst aiders: 5 per cent in administrative and retail businesses, 10 per cent in other businesses
Legal basisSection 26 DGUV Regulation 1
regularly 50 employees or more
Dutyappoint safety representatives – with more than 20 employees already if the risk assessment shows particular hazards
Legal basisSection 22 SGB VII (since 29 May 2026)
more than 20 employees
Dutyset up an occupational safety committee that meets at least quarterly
Legal basisSection 11 ASiG
up to 50 employees
Dutydepending on the accident insurance institution, choice between standard support and alternative needs-based support by safety specialist and company doctor
Legal basisDGUV Regulation 2
more than 10 employees
Dutyprovide a break room or break area
Legal basisArbStättV Annex 4.1, ASR A4.2
from 1 employee
Dutyall other duties – risk assessment, safety instruction, safety and occupational health support, inspections, health checks
Legal basisArbSchG, ASiG, BetrSichV, ArbMedVV
Special duties for certain groups of people
- Pregnant and breastfeeding employees: a risk assessment under the Maternity Protection Act is mandatory for every activity – regardless of whether anyone is currently pregnant (Section 10 MuSchG). Once a pregnancy is reported, the measures must be implemented and the supervisory authority informed.
- Young people: additional risk assessment before employment starts, bans on hazardous work, initial medical examination (Sections 22, 28a, 32 of the Youth Employment Protection Act, JArbSchG).
- Temporary agency workers: the hirer bears the occupational safety duties at the place of work; the agency provides information on qualifications and health checks (Section 11 (6) of the Temporary Employment Act, AÜG).
- Contractors and visitors: where employees of several employers work at one site, the employers must cooperate and coordinate on hazards (Section 8 ArbSchG, Section 6 DGUV Regulation 1). This includes briefing, a coordinator and access rules.
- Employees working from home and mobile workers: risk assessment and safety instruction apply here too; for permanently set up telework stations, the Workplaces Ordinance also applies.
- People with disabilities: design workplaces to be accessible and take particular hazards into account – for example for escape and rescue (Section 3a ArbStättV).
Organising occupational safety: how to keep track
The Occupational Safety and Health Act requires not just individual measures but a suitable organisation and the necessary resources (Section 3 (2) ArbSchG). In small companies, clear responsibilities and an annual calendar are enough; larger ones need a system:
- 1
Define responsibilities
Who is responsible for which areas? Delegate duties in writing; name the occupational safety specialist, company doctor, safety representatives, first aiders and fire wardens and make them known.
- 2
Risk assessment as the foundation
All other duties – operating instructions, safety instructions, PPE, health checks, inspections – follow from the risk assessment. It must be complete and up to date.
- 3
Put deadlines into a calendar
Safety instructions, inspections of work equipment, health check appointments, committee meetings, fire extinguisher inspections, first aider refresher training every two years: everything with a date and an owner.
- 4
Collect records in one place
File instruction records, inspection reports, health check certificates, inspection walk reports and appointments so that they can be produced within minutes during an inspection.
- 5
Walk the site regularly and follow up
Safety inspections with reports, track measures with deadline and status, analyse near misses.
- 6
Review annually
Go through the checklist below once a year – for example in the occupational safety committee meeting or together with the occupational safety specialist.
Consequences of violations
- Fines: violations of occupational safety ordinances can be fined up to €5,000, disregarding an enforceable order of the authority up to €30,000 (Section 25 ArbSchG). The employers' liability insurance associations can fine violations of accident prevention regulations up to €10,000 (Section 209 SGB VII).
- Criminal liability: anyone who persistently violates orders or intentionally endangers the life or health of employees risks imprisonment of up to one year (Section 26 ArbSchG). After accidents, negligent bodily harm or negligent homicide may be considered.
- Recourse: if the employer caused a workplace accident intentionally or through gross negligence, the accident insurance institution can reclaim its expenses (Section 110 SGB VII).
- Civil liability and shutdown: authorities can prohibit work until defects are remedied; under certain conditions, employees can stop working (Section 9 (3) ArbSchG).
Checklist: employer duties in occupational safety
- Risk assessment for all activities available, documented and up to date – including mental workload and maternity protection
- Occupational safety specialist and company doctor appointed in writing, service hours set according to DGUV Regulation 2
- Delegation of duties to managers regulated in writing
- Safety instructions carried out annually and as needed, and documented
- Sufficient first aiders trained, refresher every two years, first aid supplies and first aid log available
- Fire wardens appointed, fire extinguishers inspected, escape and rescue routes clear and marked
- Safety representatives appointed (from 50 employees, from more than 20 if there are particular hazards)
- Occupational safety committee set up and minuted at least quarterly (from more than 20 employees)
- Inspection intervals set for work equipment, electrical equipment, ladders, shelving and doors, inspections documented
- Hazardous substances register with current safety data sheets, operating instructions posted
- Personal protective equipment provided and instructed
- Occupational health checks organised, health care register kept
- Accident reports submitted on time, accidents analysed
- Contractors coordinated and briefed
- Safety inspections carried out regularly, measures followed up
Free templates for this guide
As PDF and Excel, no sign-up – free to use in your own company.
Frequently asked questions
From how many employees does the Occupational Safety and Health Act apply?
From the first employee. Risk assessment, safety instruction, first aid, inspection of work equipment and support from an occupational safety specialist and company doctor apply regardless of company size. Thresholds only exist for individual duties such as the occupational safety committee (from more than 20 employees) or safety representatives (from 50, from more than 20 if there are particular hazards).
Can the employer hand over responsibility for occupational safety?
Tasks can be delegated in writing to competent and reliable persons (Section 13 ArbSchG). Responsibility for selecting these persons and for monitoring the organisation remains with the employer. External occupational safety specialists only advise – they do not take responsibility off the employer.
Does a small company need an occupational safety specialist?
Yes, from the first employee. Depending on the accident insurance institution, companies with up to 50 employees can choose the alternative needs-based support model under DGUV Regulation 2: the employer attends motivation and information training and only calls in the safety specialist and company doctor when needed. The duty does not disappear; it is fulfilled differently.
Which documents do I need to show during an inspection by the employers' liability insurance association?
Typically the risk assessment, instruction records, the appointment of the occupational safety specialist and company doctor, first aider certificates, inspection reports for work equipment, the hazardous substances register with operating instructions and – if applicable – minutes of the occupational safety committee.
What penalties apply for violations of occupational safety rules?
Fines of up to €5,000 for violations of ordinances and up to €30,000 for disregarding orders of the authority (Section 25 ArbSchG), up to €10,000 for violations of accident prevention regulations (Section 209 SGB VII). Intentional endangerment can lead to prison sentences, and accidents to recourse claims by the accident insurance institution.
Terms from the glossary
This guide 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.
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