Occupational Health and Safety Act

    Germany

    Occupational Health and Safety Act

    The Occupational Health and Safety Act 1996 (‘the Act’) regulates several duties of employers to employees to ensure, so far as is reasonably practicable, occupational health and safety at workplaces and to improve existing health and safety conditions. The Act serves to safeguard and improve the health and safety through measures of occupational health and safety.

    Last Updated: July 30, 2019


  • Requirements

    Under Section 5 of the Act, an employer shall determine which measures of occupational health and safety are necessary by assessing the risk to workers. This requires the employer to conduct a risk assessment taking into account the nature of activities to be performed by employees 

    Under Section 6, an employer is required to keep documentation relating to risk assessments, deaths, accidents and injuries at work and may be required to present such documentation to the competent authority upon request. 

    Section 17 of the Act provides workers with the right to make suggestions to their employer in regard to all aspects of health and safety at work.  

    Under Section 22 of the Act, the competent authority may require that the employer provide the information necessary for it to perform its supervisory task and to hand over relevant documentation. 

    An employer may be liable to pay administrative fines for intentionally or negligently contravening a statutory instrument in accordance with the provisions of the Act. An employer may also be held criminally liable and face a term of imprisonment or a fine for persistent violations of the Act. 

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