The work-related risk assessment is a central component of occupational health and safety and serves to identify potential hazards in various work areas and processes at an early stage and to take preventive measures to ensure the safety and health of employees. It not only covers physical working conditions, but also the evaluation of work processes and the employer's responsibility for occupational health and safety.
Carrying out a risk assessment therefore plays a key role in ensuring and continuously improving the well-being of employees in the workplace.
But is the risk assessment also legally binding?
The most important facts in brief
✓ Employers must carry out regular risk assessments to ensure the health and safety of employees.
✓ The risk assessment identifies and evaluates potential hazards in the workplace, develops and implements protective measures and continuously improves working conditions.
✓ Employers are obliged to document the risk assessment and check the results.
Obligation to carry out a risk assessment
Risk assessment is not just a recommended measure, but a legal obligation under the Occupational Health and Safety Act (ArbSchG) and the German Social Accident Insurance (DGUV) Regulation 1 in Germany. In addition to the Occupational Health and Safety Act, there are also other regulations, such as the Ordinance on Industrial Safety and Health (BetrSichV) and the Ordinance on Hazardous Substances (GefStoffV), which place special requirements on the risk assessment. Employers are therefore legally obliged to carry out a risk assessment in order to ensure safety in the workplace.
Employers are entrusted with specific obligations under the Occupational Health and Safety Act. These include the obligation to improve the safety and health protection of employees through suitable measures and to avoid physical and mental health risks. The law applies across all sectors and requires employers to regularly carry out, update and review a risk assessment, particularly if working conditions change.
The obligations under the Occupational Health and Safety Act also include proper documentation and the implementation of preventive measures based on the risk assessment. This law, which has been regarded as the "basic law" of occupational health and safety since its introduction in 1996, stipulates that employers are responsible for the health and safety of their employees in the workplace and must implement appropriate occupational health and safety measures. The risk assessment is the central instrument for fulfilling this obligation.
Importance of risk assessment in occupational health and safety
Risk assessment is an indispensable part of occupational health and safety that fulfills a number of important Features requirements. First of all, it serves to identify potential hazards in the workplace at an early stage, even before they can lead to accidents or damage to health. This preventative approach is crucial to ensuring the health and safety of employees.
The results of the risk assessment form the basis for the definition and implementation of protective measures. They enable employers to take targeted measures to minimize risks and improve safety in the workplace.
The risk assessment is also an ongoing process that must be regularly reviewed and updated. This allows new hazards to be identified and existing measures to be adapted in order to continuously improve safety in the workplace.
In addition to its practical importance, the risk assessment also helps to raise awareness of work-related risks among employers and employees. The results of the risk assessment lead to the implementation of occupational health and safety measures to ensure safety in the workplace.
Risk assessment in 7 practical steps
Step 1: Recording the company organization
First, the company structures and organizational processes are recorded. This includes identifying departments, teams or areas within the company that are relevant to the risk assessment.
Step 2: Recording the activities
The various activities within this company organization are then recorded. This includes a detailed description of the work processes, tasks and work equipment used by the employees.
Step 3: Determine the potential hazards and stresses
Based on the activities recorded, potential hazards and stresses in the workplace are identified. This includes physical, chemical, biological and psychological risks associated with the working conditions.
Step 4: Assessing the risk
The identified hazards and stresses are now assessed on the basis of various criteria such as the probability of their occurrence and the severity of possible injuries or damage to health. This makes it possible to assess the risk to employees.
Step 5: Defining protection goals and measures
Specific protection targets are defined on the basis of the risk assessment. Based on this, suitable measures are developed to minimize or eliminate the identified hazards and ensure safety in the workplace.
Step 6: Implementing the measures
The defined protective measures are now implemented. This may include the installation of safety equipment, employee training, adjustments to work processes or the provision of personal protective equipment.
Step 7: Checking the effectiveness
Finally, the effectiveness of the implemented measures is reviewed. This includes regular checks and audits to ensure that the protective measures are effective and achieve the desired safety standard. If necessary, adjustments are made to continuously improve safety in the workplace.
Documentation of the risk assessment
Documentation of the risk assessment is required by law, regardless of the size of the company. The employer must have records documenting the result of the assessment, the health and safety measures based on it and the results of their review. The type of documentation is not prescribed, but the specific requirements of the health and safety regulations must be met. This documentation can be in either paper or digital form, depending on what is most appropriate for the particular business.
The BGW offers you documentation aids for your risk assessment.
Specific aspects of the risk assessment
1. risk assessment for pregnant women
Pregnant employees require special protective measures, which must be taken into account in a specific risk assessment. This is carried out for pregnant women by the Maternity Protection Committee (AfMu) at the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth in accordance with Section 30 of the Maternity Protection Act (MuSchG). This committee develops practical materials to support employers in implementing maternity protection.
The maternity protection risk assessment is part of the general assessment of working conditions in accordance with Section 5 of the Occupational Health and Safety Act (ArbSchG). Its aim is to identify hazards for pregnant or breastfeeding women and their children and to derive appropriate protective measures to enable them to participate in working life.
The employer is responsible for carrying out the assessment, even if no women are employed at the time. Responsible persons can be appointed as experts.
The assessment is based on various sources such as government regulations, ergonomic findings and empirical values. A process is recommended that includes the definition of work areas and activities, the identification of hazards, their assessment and the definition and implementation of protective measures.
Protective measures must correspond to the state of the art, occupational medicine and hygiene. There are certain activities that pregnant and breastfeeding women are not allowed to carry out, e.g. work with hazardous substances, activities with an increased risk of accidents or heavy physical work. Before the company imposes a ban on work, it should first offer a change of job before granting a leave of absence.
2. consideration of mental stress
The risk assessment of mental stress plays a crucial role in ensuring the health and well-being of employees in the workplace. Companies are required by law to include mental stress factors in their risk assessment, as has been stipulated in the Occupational Health and Safety Act since 2013. Various subject areas should be examined, including work content and tasks, work organization, social relationships, working environment and forms of work.
There are various methods for recording mental stress, including written surveys, observations, interviews and moderated workshops.
Transparent communication and ensuring the anonymity of the survey results are crucial to gaining the trust of employees and avoiding possible negative effects on the working atmosphere.
3. protective measures for young people
Young workers have specific protection needs that must be taken into account in the risk assessment. Occupational health and safety for young people is of crucial importance, both in the context of health management and in accordance with employers' legal obligations. Although child labor is prohibited in Germany, minors may also be employed temporarily or regularly in companies, public authorities and public institutions, e.g. as temporary workers, interns or trainees. However, special legal regulations and provisions apply to minors when they are integrated into work processes.
The Youth Employment Protection Act regulates the protection of young people in the workplace and prohibits certain work for young people due to health risks or physical or mental overload. Medical examinations before starting work and a youth employment protection certificate are also required.
4. individualization for people with disabilities
People with disabilities require individual protective measures that are tailored to their specific needs. A disability-friendly workplace must meet certain criteria, such as appropriate adaptation of the working environment and equipment in order to avoid excessive or insufficient demands and to remove obstacles and barriers that could hinder or endanger work.
In the past, there were no specific risk assessments for the workplaces of people with severe disabilities in the primary labor market. However, the "Inclusive Risk Assessment" (iGB), which supports companies in creating safe working conditions for people with disabilities, has been in place since 2016.
In recent years, a comparatively large number of people with disabilities have found employment in the labor market, which is mainly due to the high legal requirements for equal treatment.
However, these standards are complex and extensive, with the result that companies make incorrect or inadequate adjustments or refrain from employing severely disabled persons and pay a compensatory levy instead.
To solve this problem, the integration offices offer support for companies through company visits to determine how impairments due to disabilities can be compensated for through technical or organizational measures.
Responsibilities
1. role of the company doctor
The company doctor plays an important role in supporting the employer in carrying out the risk assessment. They advise on medical issues, particularly with regard to the health of employees in the workplace.
The tasks of the company doctor are defined by the Occupational Health and Safety Act. Accordingly, he or she helps the employer to ensure safety in the workplace and prevent accidents. Although there is no clear rule that obliges the employer to involve the company doctor in the preparation of a risk assessment, it is advisable to do so anyway. This is because the involvement of the company doctor can help to obtain a comprehensive assessment of the hazards.
2. function of the occupational safety specialist
The occupational safety specialist (SiFa) is a qualified person who, in accordance with the regulations of the German Social Accident Insurance (DGUV), is legally tasked with advising the company on occupational safety and accident prevention issues. They have completed special training that enables them to analyze potential hazards in the workplace and derive accident prevention measures.
Their tasks include assessing working conditions, carrying out accident investigations and selecting and testing protective equipment.
They work closely with various departments in the company, including the health and safety committee, the company doctor, managers and employees as well as specialists such as radiation protection officers.
3. tasks of the entrepreneur
According to Section 5 of the Occupational Health and Safety Act, the employer is responsible for identifying and evaluating potential hazards in the workplace. This includes determining risk factors through a comprehensive risk assessment. As a result of this assessment of working conditions, suitable measures must be taken and documented in order to minimize or eliminate the risks.
The legal responsibility for carrying out the risk assessment lies with the employer, who must ensure that all legal requirements are met. Close cooperation with occupational safety specialists, company doctors and other people involved in the company is crucial to ensure a safe working environment and protect the well-being of employees.
Conclusion
Risk assessment is not just a recommended measure, but a legal obligation under the German Occupational Health and Safety Act (ArbSchG) and the DGUV Regulation 1 in Germany.
Employers are therefore legally obliged to carry out a risk assessment in order to ensure safety in the workplace. This law, which has been regarded as the "basic law" of occupational health and safety since its introduction in 1996, stipulates that employers are responsible for the health and safety of their employees in the workplace. The risk assessment is the central instrument for fulfilling this obligation.
The importance of risk assessment in occupational health and safety is enormous. It makes it possible to identify potential hazards in the workplace at an early stage, even before they can lead to accidents or damage to health. By systematically recording and evaluating risks, targeted protective measures can be developed and implemented to ensure the safety and health of employees.
The risk assessment is therefore an indispensable part of occupational health and safety, which must be carried out, reviewed and updated on an ongoing basis in order to meet the constantly changing working conditions and ensure a safe working environment.
The legal obligation to carry out a risk assessment is therefore not just a formal requirement, but an important contribution to protecting employees and ensuring a high standard of occupational health and safety in the workplace.
By fulfilling their responsibility and carrying out the risk assessment conscientiously, employers help to prevent accidents and damage to health and create a positive working environment in which employees can feel safe and healthy.
