Occupational safety organisation in Germany: roles, responsibilities and processes
Who decides, who advises, who implements? German law requires every company to have a suitable occupational safety organisation. The roles from management to first aiders, delegation of duties, core processes, responsibility matrix and a checklist.
Last updated on 7 min readAMS Go editorial team
Key points at a glance
- Every employer must ensure a suitable organisation, provide the necessary resources and integrate occupational safety into the company's management structures – depending on the type of activities and the number of employees (Section 3(2) of the Occupational Safety and Health Act, ArbSchG).
- Besides the employer, the management, plant and department managers and persons commissioned in writing are responsible within the scope of their tasks and powers (Section 13 ArbSchG); the occupational safety specialist and company doctor advise and are not bound by instructions when doing so (Section 8 ASiG).
- As a company grows, committees and appointed roles are added: an occupational safety committee for more than 20 employees that meets at least quarterly (Section 11 ASiG), and safety representatives from 50 regular employees, or from more than 20 where there are particular hazards (Section 22 SGB VII).
- A responsibility matrix assigns every safety task to those responsible and involved, with interval and record; for a self-assessment of the organisation there is the GDA-ORGAcheck with 15 modules.
What is occupational safety organisation?
Occupational safety organisation (Arbeitsschutzorganisation) defines who in the company has which safety tasks, with which powers and resources, and how recurring processes from the risk assessment to the accident report work reliably. The Occupational Safety and Health Act (ArbSchG) expressly requires it: the employer must ensure a suitable organisation and provide the necessary resources (Section 3(2) ArbSchG).
The law does not prescribe a fixed form. What is suitable depends on the type of activities and the number of employees: a craft business with ten people needs clear responsibilities and an annual calendar, a manufacturing company with several sites needs documented roles, processes and checks. A certified management system under ISO 45001 is voluntary.
What the law requires
- Organisation and resources: a suitable organisation and the necessary resources, for example time, budget and training (Section 3(2) No. 1 ArbSchG)
- Integration into management: measures are observed in all activities and integrated into the company's management structures; employees must be able to meet their duty to cooperate (Section 3(2) No. 2 ArbSchG)
- Capability: when assigning tasks, take into account whether employees are able to comply with the safety and health rules (Section 7 ArbSchG)
- Support: appoint a company doctor and an occupational safety specialist in writing (Sections 2 and 5 of the Occupational Safety Act, ASiG, and DGUV Regulation 2)
- Emergency organisation: designate employees for first aid, firefighting and evacuation after consulting the works council (Section 10 ArbSchG)
- Documentation: result of the risk assessment, measures decided and result of their review (Section 6 ArbSchG)
Roles in occupational safety and their tasks
Employer, management
TaskBears overall responsibility: organisation, resources, selection and supervision of those responsible
Legal basisSections 3 and 13(1) ArbSchG
Plant and department managers, supervisors
TaskResponsible in their own area within the tasks and powers delegated to them; implement measures, give instruction, check
Legal basisSection 13 ArbSchG, Section 13 DGUV Regulation 1
Occupational safety specialist (Fachkraft für Arbeitssicherheit)
TaskAdvises the employer and managers, inspects workplaces, investigates accident causes; not bound by instructions and reports directly to the head of the establishment
Legal basisSections 5, 6 and 8 ASiG
Company doctor (Betriebsarzt)
TaskAdvises on health protection, inspects workplaces, carries out occupational health checks
Legal basisSections 2, 3 and 8 ASiG
Safety representatives (Sicherheitsbeauftragte)
TaskProvide voluntary support, check guards and PPE, point out hazards – without responsibility or authority to give instructions
Legal basisSection 22 SGB VII
First aiders, fire wardens and evacuation helpers
TaskTake on tasks in first aid, firefighting and evacuation
Legal basisSection 10 ArbSchG, Section 26 DGUV Regulation 1, ASR A2.2
Occupational safety committee (Arbeitsschutzausschuss)
TaskDiscusses matters of occupational safety and accident prevention, meets at least quarterly
Legal basisSection 11 ASiG
Works council
TaskWorks to ensure the rules are applied, has co-determination rights on health protection rules, is involved in inspections and accident investigations
Legal basisSections 87 and 89 BetrVG
Employees
TaskTake care of their own safety in line with instruction and directions, use work equipment and PPE as intended, report hazards and defects
Legal basisSections 15 and 16 ArbSchG
Delegating responsibility: line management and delegation of duties
Occupational safety is a management task. Managers are responsible for safety in their area simply because they have the right to give instructions. If they are to perform employer duties on their own responsibility, a written commission of reliable and competent persons is needed (Section 13(2) ArbSchG) that defines the area of responsibility and powers and is signed by the commissioned person (Section 13 DGUV Regulation 1).
- 1
Define tasks and area
Which duties, for which area, site or shift – including at the interfaces with neighbouring areas, building services and purchasing.
- 2
Select a suitable person
Reliable and competent for exactly these tasks; provide training beforehand if needed (Section 7 ArbSchG).
- 3
Grant powers and resources
Authority to give instructions, time and a budget the person can decide on – otherwise the delegation has no effect.
- 4
Supervise
Check regularly, at least by random sampling, whether the tasks are being performed. Supervising persons in charge is one of the supervisory measures under Section 130 of the Administrative Offences Act (OWiG).
Core processes that must be defined
Organisation shows in the processes. For each of the following processes, it should be clear who is responsible, who is involved and when it is due:
Prepare and update the risk assessment
Trigger or intervalBefore activities start, when things change and after accidents
Legal basisSections 5 and 6 ArbSchG
Instruction
Trigger or intervalBefore work starts, when things change, at least once a year
Legal basisSection 12 ArbSchG, Section 4 DGUV Regulation 1
Inspection of work equipment
Trigger or intervalAt the intervals set in the risk assessment
Legal basisSections 3 and 14 of the Industrial Safety Ordinance (BetrSichV)
Occupational health checks
Trigger or intervalBefore certain activities start and at regular intervals
Legal basisSections 4 and 5 ArbMedVV
Purchasing work equipment, substances and PPE
Trigger or intervalBefore buying, with advice from the occupational safety specialist and company doctor
Legal basisSections 3 and 6 ASiG
Contractors and agency workers
Trigger or intervalBefore every order or assignment
Legal basisSection 8 ArbSchG, Section 11(6) AÜG
Accidents and near misses
Trigger or intervalAccident report within three days for more than three days of incapacity, then investigation and measures
Legal basisSection 193 SGB VII
Inspections and effectiveness checks
Trigger or intervalRegularly according to the annual plan, follow up measures
Legal basisSection 3(1) ArbSchG, Sections 3 and 6 ASiG
Occupational safety committee
Trigger or intervalAt least quarterly where there are more than 20 employees
Legal basisSection 11 ASiG
Making responsibilities visible: organisation chart and responsibility matrix
So that everyone knows whom to turn to, responsibilities should be written down and made known. Two tools have proved effective: an occupational safety organisation chart with names and deputies, and a responsibility matrix that sets tasks against roles. The codes are up to you; a common scheme is:
- R – responsible: decides and ensures the task is done; exactly one role per task
- E – executing: carries out the task
- C – contributing: advises or must be involved, e.g. occupational safety specialist, company doctor or works council
- I – informed: receives the result
For each task, add the legal basis, the interval and where the record is kept. Review the matrix at least once a year, for example in the occupational safety committee, and whenever someone in a role changes.
Reviewing the organisation: GDA-ORGAcheck and key figures
Everyday work shows whether the organisation holds up: are instruction and inspections on time, are measures completed, do employees know their contacts? For a structured self-assessment, the GDA-ORGAcheck was developed as part of the Joint German Occupational Safety and Health Strategy (GDA). It is aimed mainly at small and medium-sized enterprises and covers 15 modules, including:
- Responsibility and delegation of tasks, supervision of safety duties
- Occupational health and safety support, occupational safety committee
- Risk assessment, instruction, occupational health checks
- Contractors and suppliers, agency workers and fixed-term employees
- First aid and emergency measures, planning and purchasing
The questions also work as an annual agenda item in the occupational safety committee. A few key figures help as well: the share of instruction, inspections and measures completed on time, and the trend in accidents and near misses.
Checklist: occupational safety organisation
- Occupational safety organisation chart with names, deputies and contact details up to date and made known
- Responsibility matrix: every task has exactly one responsible role, an interval and a place where the record is kept
- Delegations of duties in writing, with area and powers, signed
- Occupational safety specialist and company doctor appointed in writing, support hours planned
- Safety representatives appointed where required under Section 22 SGB VII
- First aiders, fire wardens and evacuation helpers designated and trained
- Occupational safety committee meets quarterly (where there are more than 20 employees)
- Core processes defined with responsibilities and deadlines – including contractors and agency work
- Resources for occupational safety planned: budget, time and training
- Organisation reviewed annually, for example with the GDA-ORGAcheck
Free templates for this guide
As PDF and Excel, free – to use in your own company.
Frequently asked questions
What does occupational safety organisation include?
Defined responsible persons with their powers, support from an occupational safety specialist and company doctor, emergency organisation with first aiders and fire wardens, defined processes for risk assessment, instruction, inspections, health checks, contractors and accidents, and checks that all of this works. The legal basis is Section 3(2) ArbSchG.
Is an occupational safety organisation chart mandatory in Germany?
It is not expressly required. However, the employer must ensure a suitable organisation, delegate duties in writing, appoint an occupational safety specialist and company doctor and designate first aiders and fire wardens. An organisation chart or responsibility matrix is the simplest way to show this clearly – including when the authority requests information about the organisation (Section 22(1) ArbSchG).
Who is responsible for occupational safety in a company?
The employer and, in a limited liability company (GmbH), the management. In addition, plant and department managers are responsible within their tasks and powers, as are persons commissioned in writing (Section 13 ArbSchG). The occupational safety specialist, company doctor and safety representatives advise and support – they do not bear the responsibility.
How often should the occupational safety organisation be reviewed?
There is no fixed interval. The employer must check its measures for effectiveness and adapt them to changing circumstances (Section 3(1) ArbSchG). An annual review, for example in the occupational safety committee, has proved effective, along with an update whenever someone in a role changes, after restructuring and when new sites open.
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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