Temporary agency work in Germany: safety duties of the hirer and the agency
Agency workers work at the host company but are employed by the agency. Who gives the safety instruction, who provides the protective equipment, who arranges health checks and who reports an accident? The division of duties with legal bases and a checklist.
Last updated on 7 min readAMS Go editorial team
Key points at a glance
- The hirer is responsible for occupational safety at the place of work: the agency worker's activity is subject to the safety rules of the hirer's establishment, while the agency's own duties remain in place (Section 11(6) of the Temporary Agency Work Act, AÜG).
- The hirer gives the workplace-specific instruction before the assignment starts, taking into account the agency worker's qualifications and experience (Section 12(2) ArbSchG); the agency's basic instruction does not replace it.
- Both parties set out in a safety agreement who provides the protective equipment and who arranges occupational health checks; activities that require a mandatory health check may only be carried out after the worker has attended it (Section 4(2) ArbMedVV).
- If an accident at work leads to more than three days of incapacity, the agency files the accident report with its statutory accident insurer, usually the VBG; the hirer informs the agency immediately and, under DGUV Rule 115-801, also reports to its own insurer.
Who is responsible for safety in temporary agency work?
Both – with a clear division of duties. The hirer (Entleiher) is responsible for occupational safety at the place of work: the agency worker's activity is subject to the public-law safety rules that apply to the hirer's establishment, and the resulting employer duties fall on the hirer (Section 11(6) of the Temporary Agency Work Act, Arbeitnehmerüberlassungsgesetz – AÜG). The temporary work agency (Verleiher) remains the employer and keeps its own duties – the Act expressly says “without prejudice to the duties of the agency”.
DGUV Rule 115-801 “Temporary agency work sector” sums it up: in terms of occupational safety law, agency workers are on an equal footing with permanent staff and are integrated into the hirer's organisation. Risk assessment, instruction, first aid and protective measures apply to them as to everyone else. Before an assignment, the agency must get a picture of the workplace and decides whether it will assign its employees under the given conditions.
Division of duties: who does what?
In practice, a split as described in DGUV Rule 115-801 and in the VBG guide “Temporary agency work – safe, healthy and successful” has proved effective:
Risk assessment
Hirer (host company)Assesses the agency workers' workplaces like those of its own employees and makes the result available or open to inspection
Agency (temporary work agency)Also assesses the activity and visits unfamiliar workplaces before the assignment
Qualifications
Hirer (host company)Describes the activity and the qualifications required in the agency contract (Section 12(1) AÜG)
Agency (temporary work agency)Checks qualifications and certificates and only assigns suitable employees
Instruction
Hirer (host company)Gives workplace-specific instruction before the start and whenever things change (Section 12(2) ArbSchG)
Agency (temporary work agency)Gives basic instruction on hiring and at regular intervals and prepares workers for the specific assignment
Personal protective equipment
Hirer (host company)As agreed, mainly provides special PPE and PPE against fatal hazards and trains its use
Agency (temporary work agency)As agreed, mainly provides basic equipment such as safety shoes, helmet and safety glasses
Occupational health checks
Hirer (host company)States which health checks are needed and, if agreed, has its own company doctor carry them out
Agency (temporary work agency)Arranges or offers the health checks if so agreed and keeps the health check register
First aid
Hirer (host company)Includes agency workers when planning first aiders, first aid material and emergency rules
Agency (temporary work agency)For larger assignments, contributes first aiders and material as agreed
Safety and medical support
Hirer (host company)Includes agency workers when determining the scope of support and informs the occupational safety specialist and company doctor about their deployment (Sections 2 and 5 ASiG)
Agency (temporary work agency)Its own occupational safety specialist and company doctor advise on the assignment process and visit the places of work
Accident at work
Hirer (host company)Informs the agency immediately and investigates the accident together with it
Agency (temporary work agency)Files the accident report with its own statutory accident insurer
Before the assignment: agency contract and safety agreement
The basis is the agency contract (Arbeitnehmerüberlassungsvertrag). It must be in text form, and the hirer has to state in it the particular features of the activity and the professional qualifications it requires (Section 12(1) AÜG). The more precise the details, the better the agency worker fits the workplace: “operating machines” is not enough, “operating and setting up eccentric presses according to instructions” is.
Both parties set out the safety details in a safety agreement (Arbeitsschutzvereinbarung) – as part of the contract or as a separate document. Templates are included in DGUV Rule 115-801 and in the VBG's practical aids. As a minimum, it covers:
- Activity, particular features, required qualifications and work area
- Provision of the risk assessment – handed over or open to inspection
- Which PPE the host company provides and which the agency provides
- Occupational health checks required and who carries them out or offers them
- Instruction at the place of work, first aid, safety representatives and safety and occupational health support
- Reporting and joint investigation of accidents, access for workplace visits and rules for moving the worker to a different workplace
Instruction: basic instruction and instruction at the place of work
Where workers are hired out, the duty to give safety instruction lies with the hirer. It instructs them taking into account the qualifications and experience of the assigned person (Section 12(2) ArbSchG) – before the assignment starts and whenever the work area changes. It also informs them about any special qualifications needed, any special medical surveillance and particular increased hazards of the workplace (Section 11(6) AÜG). Under DGUV Rule 115-801, four stages work together:
- 1
Basic instruction by the agency
On hiring and at regular intervals: behaviour in emergencies, the obligation to wear PPE, reporting defects and accidents, the right to instruction at the host company and the rule never to follow instructions that are contrary to safety.
- 2
Activity-related instruction before the assignment
The agency prepares the worker for the specific assignment: route to work and working hours, the activity and its environment, the PPE issued and typical hazards. It does not replace the instruction at the host company.
- 3
Workplace-specific instruction by the hirer
Before the first shift: contacts, emergencies, first aid and escape routes, no-go areas, hazards and protective measures at the workplace, machines and what to do in the event of faults, hazardous substances based on the operating instructions and correct use of PPE.
- 4
Repetition and changes
At least once a year, every six months for young people, and whenever the activity or work area changes. The host company agrees any activity other than the one contracted with the agency in advance.
Protective equipment and occupational health checks
No law specifies who provides which personal protective equipment. What matters is that it is available before the first working day, fits and costs the workers nothing (Section 2 of the PPE Use Ordinance, PSA-BV; Section 3(3) ArbSchG). According to DGUV Rule 115-801, the following split has proved effective:
- Host company: consumables such as ear plugs, fall protection equipment, respiratory protection, protective clothing against chemical, biological, electrical or climatic hazards and special PPE it can obtain more easily
- Temporary work agency: basic equipment such as safety shoes, industrial safety helmets, gloves against mechanical hazards and simple safety glasses
- PPE against fatal hazards or permanent damage to health is primarily provided by the host company, because the required instruction with practical exercises can usually only be given on site
For occupational health checks, the hirer must state whether special medical surveillance is needed (Section 11(6) AÜG). Which mandatory or offered health checks are required and whether the host company's or the agency's company doctor carries them out belongs in the safety agreement. Allow lead time: mandatory health checks take place before the activity starts, and the activity may not be carried out without attendance (Section 4 of the Ordinance on Occupational Health Care, ArbMedVV); offered health checks must be offered beforehand (Section 5 ArbMedVV). The agency, as employer, keeps the health check register.
Accident involving an agency worker: who reports what?
For agency workers, the agency's statutory accident insurer is responsible, provided the agency pays their wages (Section 133(2) of Social Code Book VII, SGB VII) – for temporary work agencies this is usually the VBG. Reporting works like this:
- 1
First aid and immediate notification
The host company provides first aid, records it and informs the temporary work agency – and internally the supervisor, occupational safety specialist, safety representatives and works council.
- 2
Accident report by the agency
If the person is killed or unable to work for more than three days, the agency files the accident report (Unfallanzeige) with its accident insurer within three days of learning of it (Section 193 SGB VII); the competent occupational safety authority receives a copy.
- 3
Report by the host company
Under DGUV Rule 115-801, the host company also sends an accident report to its own accident insurer for reportable accidents and marks the injured person as an agency worker.
- 4
Investigate together
The occupational safety specialists and managers of both companies determine the causes – including in the assignment process, for example if qualification requirements were not passed on – and decide on measures.
Checklist: deploying agency workers safely
- Activity and required qualifications described precisely in the agency contract
- Safety agreement covering PPE, health checks, first aid and accident reporting concluded
- Risk assessment for the workplaces up to date and accessible to the agency
- Workplace visit by the agency made possible
- Certificates of competence checked, e.g. forklift licence and written driving authorisation
- Mandatory health checks carried out and offered health checks offered before the activity starts
- PPE available and fitted before the first working day
- Workplace instruction given before the start and documented
- Occupational safety specialist and company doctor informed, agency workers included in first aider numbers
- Reporting route for accidents to the agency agreed
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Frequently asked questions
Who has to instruct agency workers in Germany?
The hirer. Where workers are hired out, the duty to give instruction under Section 12 ArbSchG lies with the hirer; it instructs them before the assignment starts and whenever things change, taking their qualifications and experience into account. The agency also gives basic instruction, but this does not replace the workplace-specific instruction at the host company.
Who provides protective equipment for agency workers?
No law specifies this; it is set out in the safety agreement. Often the agency provides basic equipment such as safety shoes and the host company provides special PPE such as respiratory protection or fall protection equipment. In any case, the PPE must be free of charge for the workers (Section 3(3) ArbSchG).
Who reports an accident at work involving an agency worker?
The agency files the accident report under Section 193 SGB VII with its statutory accident insurer, usually the VBG. The host company must inform it immediately; under DGUV Rule 115-801, it also sends an accident report to its own accident insurer for reportable accidents. The accident is investigated jointly.
Who is responsible for occupational health checks for agency workers?
Both. The hirer must state whether the activity requires special medical surveillance (Section 11(6) AÜG), and activities that require a mandatory health check may only be carried out after attendance (Section 4(2) ArbMedVV). Who arranges or offers the checks and which company doctor carries them out is set out in the safety agreement. The agency, as employer, keeps the health check register.
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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