Inspections by the labour inspectorate or the employers' liability insurance association in Germany: how to prepare
Since 2026, German occupational safety authorities must inspect at least 5 percent of establishments every year, on top of visits by accident insurance inspectors. What inspectors may do, which documents they want to see and how to prepare.
Last updated on 9 min readAMS Go editorial team
Key points at a glance
- Occupational safety in Germany is monitored by the state occupational safety authorities (Section 21 ArbSchG) and by inspectors of the employers' liability insurance associations and public accident insurance funds (Sections 17–19 SGB VII); both may enter premises, request information and documents and issue orders.
- Starting with the calendar year 2026, the federal states must inspect at least 5 percent of the establishments in the state every year (minimum inspection quota under Section 21 (1a) ArbSchG).
- For every inspection, the authority and the accident insurance institution exchange information including their assessment of the occupational safety organisation and the risk assessment (Section 21 (3a) ArbSchG, Section 20 (1a) SGB VII).
- Failing to comply with an enforceable order of the occupational safety authority can lead to a fine of up to 30,000 euros (Section 25 ArbSchG); for orders from an accident insurance inspector, the maximum is 10,000 euros (Section 209 SGB VII).
Who inspects occupational safety in the company
Inspections in Germany come from two sides: from the state occupational safety authority – depending on the federal state, for example the trade supervisory office (Gewerbeaufsichtsamt) or the office for occupational safety (Amt für Arbeitsschutz) – and from the employers' liability insurance association (Berufsgenossenschaft) or public accident insurance fund (Unfallkasse). Both may inspect the premises, look at documents and issue orders. They cooperate on the basis of a joint advisory and inspection strategy (Section 21 (3) ArbSchG, Section 20 SGB VII).
Monitors
State occupational safety authorityThe Occupational Safety and Health Act and its ordinances, e.g. the Industrial Safety, Hazardous Substances and Workplaces Ordinances
Employers' liability insurance association / accident insurance fundAccident prevention regulations and measures against occupational accidents, occupational diseases and work-related health hazards, and for first aid
Legal basis
State occupational safety authoritySections 21, 22 ArbSchG
Employers' liability insurance association / accident insurance fundSections 17–19 SGB VII
Powers
State occupational safety authorityInformation, documents, entry, testing, measurements, orders
Employers' liability insurance association / accident insurance fundInformation, inspection of documents, entry, testing, samples, orders
Advice
State occupational safety authorityAdvises employers on fulfilling their duties
Employers' liability insurance association / accident insurance fundAdvises employers and insured persons
Fine for breaching an order
State occupational safety authorityup to 30,000 euros (Section 25 ArbSchG)
Employers' liability insurance association / accident insurance fundup to 10,000 euros (Section 209 SGB VII)
How often inspections take place: the minimum inspection quota
The Occupational Safety Inspection Act (Arbeitsschutzkontrollgesetz) introduced a fixed quota: starting with the calendar year 2026, the occupational safety authorities must inspect at least 5 percent of the establishments in their state every year. The number of establishments is taken from the official statistics of the Federal Employment Agency for the previous year, and the states may not deviate from the quota (Section 21 (1a) ArbSchG). When selecting establishments, the authorities take into account the type and extent of the company's hazard potential (Section 21 (1) ArbSchG).
In addition, the accident insurance institutions carry out their own inspections. There is no fixed cycle for an individual company. An inspection can be routine or have a specific reason – for example investigating an occupational accident (Section 22 (2) ArbSchG, Section 19 (2) SGB VII).
What the inspectors may do – and what you have to do
- Information and documents: the authority can request the information required for its supervision and the handing over of documents – and, where employees of several employers work together, the written result of their coordination (Section 22 (1) ArbSchG).
- Entering and testing: during operating and working hours, inspectors may enter, view and inspect operating sites and business premises, inspect business records, test work equipment and PPE, take measurements and investigate the causes of accidents (Section 22 (2) ArbSchG, Section 19 (2) SGB VII).
- No advance notice required: neither the Occupational Safety and Health Act nor SGB VII requires visits to be announced. Stricter limits apply outside operating hours and in private homes.
- Accompaniment and support: inspectors can require you or a person you appoint to accompany them. You must support them and tolerate their measures (Section 22 (2) ArbSchG, Section 19 (2) and (3) SGB VII).
- Right to refuse information: you do not have to answer questions if answering would expose you or close relatives to the risk of prosecution for a criminal or administrative offence (Section 22 (1) ArbSchG, Section 19 (3) SGB VII).
- Works council: the employer and the inspectors must involve the works council in occupational safety inspections; the employer informs it without delay of any conditions and orders imposed (Section 89 (2) of the Works Constitution Act, BetrVG).
Which documents you should have to hand
Which documents are requested depends on the company and the reason for the visit. The following records are based on explicit documentation or evidence requirements – they should be quick to find during an inspection:
Risk assessment including mental stress
What it must showResult, measures defined and result of their review
Legal basisSections 5, 6 ArbSchG
Instruction records
What it must showInstruction at least annually and documented; for work equipment date and names, for hazardous substances content, date and signature
Legal basisSection 4 DGUV Regulation 1, Section 12 BetrSichV, Section 14 GefStoffV
Appointment of safety specialist and company doctor
What it must showWritten appointment, proof of the support provided on request, regular reports
Legal basisSections 2, 5 ASiG, DGUV Regulation 2
Minutes of the occupational safety committee
What it must showMeetings at least quarterly (companies with more than 20 employees)
Legal basisSection 11 ASiG
Inspection records for work equipment and installations
What it must showType, scope and result of the inspection and the inspector; kept at least until the next inspection
Legal basisSections 14, 17 BetrSichV
Hazardous substances register, safety data sheets, operating instructions
What it must showRegister with classification, quantity range, work area and reference to the safety data sheet
Legal basisSections 6, 14 GefStoffV
Health check register (Vorsorgekartei)
What it must showThat, when and for what reason occupational health checks took place
Legal basisSection 3 (4) ArbMedVV
First aid
What it must showFirst aiders with training and refresher training, documentation of first aid given (available for five years)
Legal basisSections 24, 26 DGUV Regulation 1
Fire safety and emergencies
What it must showDesignated helpers for first aid, firefighting and evacuation, escape and rescue plan, inspection of safety installations
Legal basisSection 10 ArbSchG, Section 4 ArbStättV
Delegations of duties
What it must showIn writing, with area and powers, signed by the appointed person
Legal basisSection 13 ArbSchG, Section 13 DGUV Regulation 1
Accident records and accident reports
What it must showAccidents involving death or more than three days' incapacity for work recorded and reported to the accident insurance institution
Legal basisSection 6 (2) ArbSchG, Section 193 SGB VII
How an inspection works
The law does not prescribe a fixed procedure. The inspectors' powers do, however, show what you should expect:
- 1
Discussion and information
The inspector asks about organisation, responsibilities and safety and health support. The contact person is you or someone you appoint, ideally together with the safety specialist.
- 2
Inspection of documents
The risk assessment, records and minutes are examined; the inspectors can ask you to hand over documents.
- 3
Walk through the company
Workplaces, work equipment, PPE and work processes are checked on site, with measurements if necessary.
- 4
Result
Defects found are discussed and usually communicated in writing – with a date by which you should report that they have been remedied. If there is imminent danger, the inspectors can issue immediately enforceable orders.
After the inspection: letter of defects, order, fine
Letter of defects
What it meansWritten notice of the defects asking you to remedy them and report completion by a certain date – at the labour inspectorate often called a “Revisionsschreiben”
Legal basisSupervision and advice, Section 21 (1) ArbSchG, Section 17 SGB VII
Order in an individual case
What it meansBinding decision on which measures must be taken – with a reasonable deadline, except in cases of imminent danger
Legal basisSection 22 (3) ArbSchG, Section 19 (1) SGB VII
Prohibition
What it meansIf an order is not complied with on time, or an immediately enforceable order not immediately, the authority can prohibit the work or work equipment concerned
Legal basisSection 22 (3) ArbSchG
Fine
What it meansBreach of an enforceable order: up to 30,000 euros (authority) or up to 10,000 euros (accident insurance institution)
Legal basisSection 25 ArbSchG, Section 209 SGB VII
Criminal offence
What it meansPersistently repeated breach of an order of the authority: imprisonment of up to one year or a fine
Legal basisSection 26 no. 1 ArbSchG
If an employer's failure to fulfil their duties causes the employers' liability insurance association out-of-pocket expenses for supervision, it can charge these costs to the employer (Section 17 (3) SGB VII).
Preparing in six steps
- 1
Define contact persons
Who receives the inspectors, and who stands in? The safety specialist, works council and safety representatives know that they will be involved.
- 2
Keep evidence in one place
File risk assessments, instruction and inspection records, appointments, delegations, committee minutes and the health check register so that they are available within minutes – digitally or in a folder.
- 3
Carry out an internal audit
Use an audit checklist to check that every record is complete, up to date and retrievable – and close gaps before anyone asks.
- 4
Walk through the company
Check escape routes, fire extinguishers, first aid supplies, signage, tidiness, the condition of work equipment and operating instructions at the workplace.
- 5
Plan open items
Anything that cannot be fixed immediately gets an action with an owner and a deadline. A traceable plan shows that defects are known and being addressed.
- 6
Follow up on findings
After the inspection, record every finding as an action, complete it on time, document completion and inform the works council of any orders.
Checklist: ready for the inspection?
- Contact person and deputy for inspection visits defined
- Risk assessment complete, up to date and documented – including mental stress
- Instruction records for the last twelve months complete
- Appointments of safety specialist and company doctor and their reports to hand
- Inspection records for work equipment, electrical equipment and installations up to date
- Hazardous substances register, safety data sheets and operating instructions up to date
- Health check register kept, first aiders trained and refreshed, first aid documented
- Delegations of duties in writing and signed
- Findings from previous inspections dealt with and documented
Free templates for this guide
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Frequently asked questions
Does the labour inspectorate turn up unannounced?
It can. Neither the Occupational Safety and Health Act nor SGB VII requires advance notice; inspectors may enter operating sites during operating and working hours (Section 22 (2) ArbSchG, Section 19 (2) SGB VII). Whether a visit is announced is up to the authority.
Do I have to show the inspectors all documents?
You must provide the information required for supervision and hand over documents; inspectors may also inspect business records where this is necessary for their task. You may only refuse to give information if doing so would expose you or close relatives to the risk of prosecution for a criminal or administrative offence (Section 22 ArbSchG, Section 19 SGB VII).
How often does the employers' liability insurance association inspect?
There is no fixed statutory cycle. The accident insurance institutions must employ inspectors in the number required for effective supervision and advice (Section 18 SGB VII) and coordinate with the federal states. The fixed quota of 5 percent of establishments per year only applies to the state occupational safety authorities (Section 21 (1a) ArbSchG).
What does breaching an order cost?
Anyone who fails to comply with an enforceable order of the occupational safety authority risks a fine of up to 30,000 euros (Section 25 ArbSchG), and up to 10,000 euros for orders from an accident insurance institution (Section 209 SGB VII). Persistently repeated breaches of the authority's orders are a criminal offence (Section 26 ArbSchG).
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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