Risk assessment is enshrined in the Occupational Health and Safety Act and is a legal obligation for every employer. It serves to identify potential risks in the workplace and to define and implement suitable protective measures for the safety and health of employees. But why is risk assessment such an important part of occupational health and safety, and what obligations does it entail for employers?
The most important facts in brief
✓ The risk assessment is a fundamental part of the Occupational Health and Safety Act, which forms the basis for a safe working environment.
✓ Employers are legally obliged to identify potential hazards, implement and document the necessary protective measures and carry out regular checks to ensure the safety of employees at all times.
✓ Risk assessment not only contributes to employee health, but also increases motivation and productivity in the company.
Importance of risk assessment in the Occupational Health and Safety Act
Risk assessment is at the heart of occupational health and safety and is an essential part of any measure to ensure health and safety in the workplace. Without a comprehensive analysis of working conditions, effective protective measures cannot be derived in a targeted manner.
A thorough risk assessment enables potential risks to be identified at an early stage and thus promotes preventative action. This not only makes a significant contribution to protecting employees, but also strengthens the corporate culture. Employers who take occupational health and safety seriously and consistently implement the legal requirements create a working environment that conveys safety and appreciation - a decisive factor for employee motivation and satisfaction.
Legal basis: The Occupational Health and Safety Act
The legal basis for occupational health and safety in Germany is regulated in the Occupational Health and Safety Act (ArbSchG) and in other laws and regulations. The ArbSchG is the most important law for occupational health and safety in Germany and regulates the obligations of employers and employees with regard to occupational health and safety.
The ArbSchG obliges employers to take the necessary protective measures for their employees. This includes carrying out risk assessments, implementing the planned measures and regularly checking their effectiveness.
Other important laws and regulations in occupational health and safety are
- The Workplace Ordinance (ArbStättV), which regulates the requirements for the design of workplaces.
- The Ordinance on Industrial Safety and Health (BetrSichV ), which regulates the requirements for the safety of companies.
- The Hazardous Substances Ordinance (GefStoffV), which regulates the requirements for handling hazardous substances.
Together with the Occupational Health and Safety Act, these laws form the basis for health and safety in the workplace. They ensure that employers take their responsibility seriously and take the necessary measures for occupational health and safety.
Legal obligations for employers
The Occupational Health and Safety Act obliges employers to assess working conditions and potential hazards for employees. The responsibility for carrying out and monitoring this risk assessment always lies with the employer, regardless of whether it is carried out internally or externally.
The risk assessment is a systematic analysis of physical and mental stress in the workplace. Employers are obliged to identify all possible hazards and define suitable protective measures. The documentation of this risk assessment has been required by law since 1997 and is based on specific regulations such as the Industrial Safety Ordinance or the Hazardous Substances Ordinance, which can vary depending on the industry and working environment. According to Section 6 of the Occupational Health and Safety Act, companies with more than ten employees are required to document the risk assessment in writing. Voluntary documentation is also strongly recommended in smaller companies in order to ensure verification and legal certainty.
Regular inspections are essential to ensure the effectiveness of protective measures in the long term. According to the Hazardous Substances Ordinance (GefStoffV), technical protective measures must be checked at least every three years. The Biological Substances Ordinance (BioStoffV) also stipulates that the risk assessment must be reviewed at least every two years and adjusted if necessary. These recurring inspections ensure that occupational safety measures always comply with the latest safety standards.
The frequency of the review depends on the type and extent of the hazards as well as operational changes. As a general rule, a risk assessment must be reviewed and adapted whenever there is a significant change in working conditions or work equipment and whenever new safety-relevant findings are made. Some regulations - e.g. the Biological Substances Ordinance - specify specific intervals, but the assessment is usually at the discretion of the employer and should be carried out on a risk-oriented basis.
Aims and benefits of the risk assessment
The main aim of the risk assessment is not only to identify potential hazards at an early stage, but also to eliminate them before they become a risk to health. This preventative nature of the risk assessment helps to avoid accidents and adverse health effects.
Everyone is involved in complying with the measures defined in the risk assessment: occupational safety specialists play a key role in motivating employees to actively participate in the risk assessment.
The risk assessment is not a rigid document, but a dynamic process that must be regularly adapted and updated. New work equipment, legal changes, technological developments or safety-related incidents require a continuous review and, if necessary, revision of the risk assessment.
Types of hazards in the workplace
There are different types of workplace hazards, which vary depending on the industry and area of activity:
- Physical hazards arise from factors such as noise, vibrations, extreme temperatures or electrical hazards. They are particularly relevant in industrial facilities or on construction sites.
- Chemical hazards arise from the handling of hazardous substances such as chemicals or vapors, for example in the chemical industry or in laboratories.
- Biological hazards occur primarily in professions that require contact with living beings, such as in healthcare or agriculture.
- Mental stress, such as stress or bullying, is particularly important in professions with high emotional demands, in office environments or in social services. Unrecognized psychological stress can have serious health consequences.
As the relevance of the hazards varies depending on the sector, it is essential to adapt the risk assessment to the specific sector.
Other relevant types of hazards include mechanical hazards, such as those caused by moving machine parts, crushing or snow hazards, as well as electrical hazards that can arise from faulty cables, inadequately secured systems or electrostatic charges. As digitalization progresses, digital hazards are also becoming increasingly prevalent - including cyberattacks, software errors, operating errors in AI-supported systems or being overwhelmed by digital tools. These risks not only have a technical impact, but can also lead to psychological stress.
7 steps for creating a risk assessment
The risk assessment is carried out in seven systematic steps:
- Recording the company organization: The structures and processes of the company are analyzed here.
- Analysis of the activities: This information is necessary in order to identify the specific hazards in a targeted manner.
- Determination of possible hazards and stresses: Both physical and psychological hazards are taken into account.
- Risk assessment: The exact extent of the hazards is assessed in order to evaluate the risk.
- Determination of protective measures: In accordance with § 5 ArbSchG, protection goals are defined and appropriate measures to minimize risks are determined.
- Implementation of the measures: The planned protective measures are implemented in practice.
- Effectiveness review: The effectiveness of the measures taken is monitored.
Company doctors and occupational safety specialists support companies in carrying out and documenting risk assessments. They advise the employer on issues of medical occupational health and safety, occupational safety and accident prevention, including humane work design.
Special risk assessments
Pregnant women require a risk assessment tailored specifically to their work situation. Employers are legally obliged to carry out this individual assessment in order to take all necessary protective measures. These include regular breaks and suitable rest conditions to ensure the health of mother and child.
Other groups of people who require a special risk assessment are:
People working alone: These people often need personal alarm systems that are independent of willpower to ensure that action can be taken quickly in an emergency, even if the person is no longer able to call for help.
Employees with special health needs: These may be employees with chronic illnesses or other health restrictions that require special protective measures, for example.
In all these cases, it is important that the risk assessment is customized to take into account the specific risks and needs of the respective group of people.
Support from specialists
Occupational safety specialists and company doctors play a central role in the creation and implementation of risk assessments. The involvement of external experts and close cooperation with the company are particularly valuable in identifying specific risks and developing company-specific solutions. This promotes the continuous improvement of working conditions and ensures compliance with legal regulations.
Role of the company doctor
The company doctor is a key person in occupational health and safety. He or she is responsible for the medical care of employees and ensures that they can work healthily and safely.
The tasks include:
- The performance of occupational medical examinations and consultations.
- Monitoring the health of employees and early detection of health problems.
- Advising the employer and employees on health and safety issues.
- Participation in the preparation of risk assessments and the implementation of health and safety measures.
The company doctor also ensures that employees are informed about the risks and hazards in the workplace and take the necessary protective measures.
Role of the occupational safety specialist
The occupational safety specialist supports the employer and employees in the prevention of accidents at work, occupational illnesses and work-related health hazards. Their tasks include
- Advice and support in designing safe workplaces and processes
- Carrying out risk assessments
- Development and implementation of accident prevention measures
- Training and sensitization of employees in the area of occupational safety
- Verification of compliance with occupational health and safety regulations and continuous optimization of safety measures
Effects of the corona pandemic
The coronavirus pandemic brought with it considerable challenges for everyday working life. Employers were forced to continuously adapt and expand their safety measures in order to adapt to the constantly changing circumstances. This showed that both the government and employers were not sufficiently prepared for such crises.
Future regulations will require employers to take specific measures to avoid uncertainty in the event of another pandemic. Experience with the pandemic has shown how important a flexible and adaptable risk assessment is in order to be able to react quickly to new hazards.
Teleworking and mobile working
The occupational health and safety regulations also apply to employees who work at home or on the move, regardless of where their workplace is located. This means that the employer is also obliged to carry out a risk assessment for teleworking and mobile workplaces in these cases. This guarantees that employees working from home are also protected from potential hazards. In contrast to teleworking, however, employees are responsible for the design of their own workplace when working from home. The ergonomic design of the workplace plays an important role here.
Digital threats from networking and AI
Increasing digitalization and the use of artificial intelligence (AI) in the world of work bring with them new potential risks. These include data protection breaches, cyberattacks, software failures, incorrect decisions by automated systems and psychological stress caused by monitoring technologies or constant availability. These risks must also be evaluated as part of the risk assessment and secured through technical, organizational and personnel measures.
Conclusion
Risk assessment is a fundamental part of occupational health and safety and is crucial for the safety and health of employees. By systematically identifying and assessing hazards, they can be identified at an early stage and targeted protective measures can be taken. This not only helps to improve working conditions, but also promotes employee motivation and well-being.
Following the coronavirus pandemic and in times of the increasing trend towards teleworking and mobile working, risk assessment has become more important. Companies are required to regularly review their occupational health and safety measures and constantly adapt them to new challenges. With expert support and the use of modern software solutions, employers can ensure that their employees are protected in every working environment.
Frequently asked questions
What is a risk assessment?
A risk assessment is a systematic process for identifying and evaluating hazards in the workplace in order to minimize risks and take appropriate protective measures.
Who is responsible for carrying out the risk assessment?
The responsibility for carrying out the risk assessment always lies with the employer, regardless of how it is carried out.
How often must a risk assessment be reviewed?
The risk assessment must be reviewed at least once a year and should always be adapted in the event of changes in the company or new safety information.
What types of hazards are there in the workplace?
There are physical, chemical, biological and psychological hazards in the workplace, which vary depending on the industry and working environment. It is important to recognize these hazards and take appropriate protective measures.
