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Liability in occupational safety in Germany: when management and supervisors are liable

Employers, managing directors and supervisors are responsible for occupational safety – but for what exactly, and with what consequences? A factual overview of fines, criminal law, liability privilege and recourse, and how good organisation reduces risk.

Last updated on 9 min readAMS Go editorial team

Key points at a glance

  • The employer is responsible for occupational safety (Section 3 ArbSchG); under Section 13 (1) ArbSchG, managing directors, plant and department managers and persons appointed in writing are also responsible within the scope of their tasks and powers.
  • Breaches of occupational safety ordinances that carry fines can be punished with up to 5,000 euros, breaches of enforceable orders of the authority with up to 30,000 euros (Section 25 ArbSchG), and breaches of accident prevention regulations that carry fines with up to 10,000 euros (Section 209 SGB VII).
  • Employers and colleagues are liable for personal injury from occupational accidents only in cases of intent or commuting accidents (Sections 104, 105 SGB VII); in cases of intent or gross negligence, however, the accident insurance can claim back its expenses (Section 110 SGB VII).
  • Anyone who delegates duties remains responsible for selection, organisation and supervision: failing to take supervisory measures is an administrative offence in its own right, punishable by up to one million euros where the breach is a criminal offence (Section 130 OWiG).

Who is liable in occupational safety?

In German occupational safety law, the employer bears the primary duty: they must take the necessary measures, review their effectiveness and ensure suitable organisation and the necessary resources (Section 3 of the Occupational Safety and Health Act, ArbSchG). Alongside the employer, the legal representatives – in a limited company (GmbH), the managing directors –, persons with management tasks and persons appointed in writing are responsible within the scope of their tasks and powers (Section 13 (1) ArbSchG).

“Liability” can mean different things: an administrative fine, a criminal penalty after an accident, recourse by the statutory accident insurance or orders from the inspectors. In every case, companies that can show they organise occupational safety, delegate tasks properly and supervise them reduce the risk – and can prove what was done if the worst happens.

Who is responsible alongside the employer

  • Employer (company, owner)

    ResponsibilityTake measures, provide organisation and resources, review effectiveness

    BasisSection 3 ArbSchG

  • Managing directors, executive board, partners authorised to represent

    ResponsibilityResponsible alongside the employer; fine provisions also apply to them

    BasisSection 13 (1) nos. 1–3 ArbSchG, Section 9 (1) OWiG

  • Plant and department managers

    ResponsibilityResponsible within the scope of the management tasks and powers assigned

    BasisSection 13 (1) no. 4 ArbSchG, Section 9 (2) OWiG

  • Persons appointed in writing, e.g. foremen

    ResponsibilityResponsible for the tasks delegated in the defined area

    BasisSection 13 (1) no. 5 and (2) ArbSchG, Section 13 DGUV Regulation 1

  • Safety specialist, company doctor

    ResponsibilityAdvise and support; not bound by instructions when applying their expertise

    BasisSections 3, 6, 8 ASiG

  • Employees

    ResponsibilityTake care of their own safety and that of others, use work equipment and PPE as intended, report hazards

    BasisSections 15, 16 ArbSchG

Delegating duties: what it achieves – and what remains

The employer can appoint reliable and competent persons in writing to perform occupational safety tasks on their own responsibility (Section 13 (2) ArbSchG). The accident prevention regulation adds that the appointment defines the area of responsibility and powers, is signed by the appointed person, and that they receive a copy (Section 13 DGUV Regulation 1). The appointed person thereby becomes a responsible person in their own right – including under the law on administrative fines (Section 9 (2) of the Administrative Offences Act, OWiG).

  • Selection: the person must be reliable and competent for the specific tasks.
  • Clear scope: define area, tasks and powers in writing – including the boundaries with neighbouring areas.
  • Resources: anyone who takes on duties needs the authority to give instructions, time and budget to fulfil them.
  • Guidance: brief them on their tasks, give access to information and enable training.
  • Supervision: check regularly and at least by random sampling whether the tasks are being fulfilled.
Action plan in AMS GoAssign actions with owner and deadline, get automatic reminders, close them with a comment and photo, and see per site what is open or overdue – for the supervision that remains with management.

Fines and penalties: what breaches can lead to

Not every breach is a criminal offence. German occupational safety law distinguishes between administrative offences, punished with fines, and a small number of criminal offences. The key provisions at a glance:

  • Breach of an occupational safety ordinance that refers to the fine provision

    Possible consequenceFine of up to 5,000 euros

    Legal basisSection 25 (1) no. 1, (2) ArbSchG

  • Breach of an enforceable order of the occupational safety authority

    Possible consequenceFine of up to 30,000 euros

    Legal basisSection 25 (1) no. 2 (a), (2) ArbSchG

  • Persistently repeated breach of an order, or an intentional breach that endangers the life or health of employees

    Possible consequenceImprisonment of up to one year or a fine

    Legal basisSection 26 ArbSchG

  • Breach of an accident prevention regulation (with a reference to fines) or of an order from an inspector

    Possible consequenceFine of up to 10,000 euros

    Legal basisSection 209 (1) nos. 1 and 2, (3) SGB VII

  • Failure to take supervisory measures in the company

    Possible consequenceFine of up to 1 million euros if the breach of duty is a criminal offence; otherwise up to the maximum fine for that breach

    Legal basisSection 130 OWiG

  • Criminal or administrative offence by a person in a management position that breaches the company's duties

    Possible consequenceFine against the company: for criminal offences up to 10 million euros (intentional) or 5 million euros (negligent), for administrative offences up to their maximum

    Legal basisSection 30 OWiG

If an accident causes injury or death, negligent bodily harm (Section 229 of the Criminal Code, StGB) or negligent homicide (Section 222 StGB) may also come into consideration. An omission can be punishable too if someone is legally responsible for ensuring that the harm does not occur (Section 13 StGB). Whether anyone is criminally responsible, and who, is decided by the public prosecutor and the courts in each individual case.

After an occupational accident: liability privilege and recourse

The statutory accident insurance provides benefits for the consequences of occupational accidents. Employers are therefore only obliged to compensate their insured persons for personal injury if they caused the accident intentionally or on an insured route, such as the way to work (Section 104 of Social Code Book VII, SGB VII). The same applies to employees who cause an accident to a colleague in the same company through a work-related activity (Section 105 SGB VII).

The liability privilege has a limit: anyone who caused the insured event intentionally or through gross negligence is liable to the social insurance institutions for their expenses – up to the amount of the civil-law damages claim (Section 110 (1) SGB VII). The following applies:

  • The fault only needs to relate to the act or omission that caused the accident – not to the consequences of the accident.
  • Instead of a pension, the capitalised value can be claimed.
  • If managing directors or other persons authorised to represent the company caused the accident in this way, the company is liable as well (Section 111 SGB VII).
  • The institutions can waive the claim in whole or in part at their reasonable discretion, for example in view of the debtor's financial situation (Section 110 (2) SGB VII).

The role of the safety specialist

The safety specialist (Fachkraft für Arbeitssicherheit) supports and advises the employer and the other responsible persons on all questions of occupational safety. They inspect the workplaces, report defects found and propose measures (Section 6 of the Occupational Safety Act, ASiG); the company doctor does the same for health protection (Section 3 ASiG). Both are not bound by instructions when applying their expertise and report directly to the head of the establishment (Section 8 ASiG).

Decisions and implementation remain with the employer and the responsible managers. If the safety specialist or company doctor cannot agree with plant management on a proposed measure, they can submit the proposal directly to the employer – for a legal entity, to the responsible member of the management board. If the employer rejects it, they must give written reasons (Section 8 (3) ASiG).

How to reduce liability risks

  1. 1

    Define the organisation

    Name responsible persons for all areas and sites, arrange deputies, appoint a safety specialist and company doctor. The law requires suitable organisation and the necessary resources (Section 3 (2) ArbSchG).

  2. 2

    Select carefully

    Delegate duties only to persons who are reliable and competent for the task, and record the delegation in writing with area and powers.

  3. 3

    Guide and equip

    Brief appointed persons, give them the authority to give instructions, time and budget, and enable training.

  4. 4

    Supervise

    Use random checks, inspections, reports and key figures to check whether tasks are being fulfilled. Monitoring supervisory staff is one of the supervisory measures under Section 130 OWiG.

  5. 5

    Document

    File the risk assessment, instruction, inspections, appointments and delegations so that they can be found quickly (Section 6 ArbSchG).

  6. 6

    Check effectiveness and remedy defects

    Review measures for effectiveness and adapt them (Section 3 (1) ArbSchG). Remedy defects without delay; if a defect involving immediate serious danger cannot be fixed at once, the employees at risk must stop work (Section 4 (1) of the Workplaces Ordinance, ArbStättV).

Checklist: is responsibility for occupational safety organised?

  • Responsibilities for occupational safety defined and known for each area and site
  • Delegations of duties in writing, with area and powers, signed and handed over
  • Appointed persons competent, briefed and provided with resources
  • Safety specialist and company doctor appointed in writing, reports available
  • Risk assessment complete, documented and up to date
  • Instruction and inspections documented
  • Actions tracked with owners and deadlines, effectiveness checked
  • Random checks of delegated duties carried out and documented
  • Findings and orders from inspectors dealt with on time

Free templates for this guide

As PDF and Excel, free – to use in your own company.

Frequently asked questions

Is the managing director personally liable for occupational safety?

They are responsible alongside the company itself (Section 13 (1) no. 2 ArbSchG), and under Section 9 OWiG the fine provisions also apply to them. They can delegate tasks but remain responsible for organisation, selection and supervision. If they caused an occupational accident intentionally or through gross negligence, the accident insurance can seek recourse (Section 110 SGB VII) – and the company is then liable alongside them (Section 111 SGB VII).

Can the employer escape liability by delegating duties?

No. Delegation transfers specific tasks, and responsibility for them, to the appointed person. But the employer must select, equip and supervise that person carefully. Failing to provide the necessary supervision can be an administrative offence in its own right under Section 130 OWiG.

When does the employers' liability insurance association seek recourse?

When someone whose liability is limited under Sections 104 to 107 SGB VII caused the occupational accident intentionally or through gross negligence. The social insurance institution can then claim back its expenses up to the amount of the civil-law damages claim – but it can waive the claim in whole or in part at its reasonable discretion (Section 110 SGB VII).

Is the safety specialist liable if something happens?

The safety specialist advises; decisions and implementation lie with the employer and managers (Sections 6, 8 ASiG). Whether and to what extent they are answerable for incorrect advice depends on the circumstances of the individual case and cannot be answered across the board. What is clear is that appointing them does not relieve the employer of responsibility.

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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