Introducing instructions on occupational health and safety in the company not only protects employees in an emergency, but also legally protects the employer as the main person responsible for the safety of its employees in the event of an accident at work.
In this article, we explain how the use of operating instructions documents the employees' duty to cooperate and thus reduces the employer's responsibility in the event of an accident at work.
We also give you tips on how you can significantly reduce accidents in the workplace thanks to safety training.
The most important facts in brief
✓ Operating instructions are crucial for occupational safety by defining specific safety measures for work processes, materials and personal protective equipment.
✓ Operating instructions document the employees' duty to cooperate, which supports the employer's legal protection in the event of accidents at work.
✓ Legal principles such as the Occupational Health and Safety Act and specific regulations such as the Ordinance on Industrial Safety and Health require the creation and regular updating of operating instructions to ensure safety in the workplace.
What are operating instructions?
Operating instructions are special, health and safety-related instructions issued and signed by the employer to provide information about possible health risks and dangers to people and the environment and thus prevent accidents.
It contains information on the specific work processes, the materials, equipment, machines, personal protective equipment and other company-specific protective measures and rules of conduct.
The protective measures contained in the operating instructions should always be classified according to the TOP principle .
Why are operating instructions so relevant for occupational health and safety?
According to the annual brochure on accidents at work published by the German Social Accident Insurance (DGUV), many accidents at work are due to organizational or personal problems, which can therefore be reduced through mandatory instruction.
An employee often loses control of a machine, a hand tool, an object or even a means of transportation. Losing control of one's own body is also a typical cause of accidents. These include tripping, slipping or falling accidents.
These are accidents at work that can be prevented, for example, by adequate lighting, non-slip flooring or the use of sturdy footwear.
The number of accidents at work in the company can be significantly reduced by adhering to the health and safety measures set out in the operating instructions and safety protocol.
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Occupational health and safety obligations are not only the responsibility of the employer, as they can also be transferred to other relevant parties such as the occupational safety specialist. For this reason, it is important to document the safety processes together.
Verbal individual instructions are not recognized in accordance with the accident prevention regulations and the national occupational health and safety regulations, but must be in writing - the operating instructions.
In the event of accidents at work, those responsible for occupational health and safety in the company protect themselves in this way, as they transfer some of their responsibility to the employees as part of their duty to cooperate. This means that they must properly implement the measures derived from the operating instructions.
Compliance with company-specific safety regulations is also particularly relevant, as non-compliance can have legal consequences. You can find out more about this in our article "What happens if health and safety regulations are breached?".
What is the legal basis for operating instructions?
Employers have the right to issue instructions to their employees, which is derived from Section 106 sentence 1 of the German Industrial Code (GewO ). The employer is also obliged under Section 4 of the Occupational Health and Safety Act to issue suitable instructions for high-risk activities in order to ensure occupational health and safety in the company.
However, the way in which the employer must comply with this obligation is not explained in detail. In most cases, this is done by means of an instruction at the start of employment and once a year.
In particular, the requirements arising from the Ordinance on Industrial Safety and Health (Section 12 (2) BetrSichV), the Ordinance on Hazardous Substances (Section 14 GefStoffV) and the Biological Substances Ordinance (§ 14 BioStoffV) require the use of operating instructions in companies in which these are relevant for safety reasons.
The risk assessment in accordance with Section 5 of the Occupational Health and Safety Act serves as the basis for issuing operating instructions. You can find more information on risk assessment in our article: How do you carry out a risk assessment?
Who carries out the instruction in the company and how does it take place?
The operator of equipment, technical products, work processes, substances or preparations is responsible for issuing operating instructions. This task is therefore fulfilled by the employer.
The obligation to draw up operating instructions arises, among other things, from the Occupational Health and Safety Act (ArbSchG) and the Ordinance on Industrial Safety and Health ( BetrVG ).
Nevertheless, there are various ways of providing instruction, some of which exempt the employer from their obligation.
Either the employer carries out the instruction and the preparation of the operating instructions without the help of other parties, or he delegates this task to the responsible safety experts in the company.
Support can also be requested internally and externally from occupational health and safety experts, representatives of the health and safety authority or the company doctor. The operating instructions are then officially approved by a responsible company member.
In order to carry out the instruction correctly, it must first be ensured that all employees are provided with the relevant operating instructions and that they are available in written form.
To this end, they must be displayed or posted in a visible place in the company so that the instructions are always accessible to employees. As already mentioned, written operating instructions are useful for high-risk activities.
However, it is not enough to simply display or hand out operating instructions. If operational processes change, the operating instructions must be updated accordingly. It is therefore necessary to check the operating instructions regularly, usually annually. Innovations or changes, for example to operational processes, must always be communicated to employees.
What exactly do operating instructions look like?
The operating instructions are a simple, clear document of one to two DIN A4 pages. Not only the content, but also the layout of the instruction is intended to make employees aware of the dangers in the workplace. For example, the color red is chosen as the background for a high risk.
The texts are also sometimes supplemented by corresponding pictograms or safety symbols. Important company-specific information, such as doctors, first aiders and emergency numbers as well as the area of application of the respective hazardous substance, for example in Ex zones, and the type of activity must be included in the instructions.
To simplify the creation of operating instructions, there are various sample templates available on the Internet, depending on the industry and hazard area.
You can find a template for operating instructions here.
Conclusion: More safety in the workplace
In many companies, employees are exposed to various risks in the workplace. Operating instructions contain protective measures and rules of conduct and help the employer to provide information about potential hazards for people and the environment. Operating instructions also explain how to behave in an emergency and what protective measures must be taken to protect employees.
As accidents are often caused by the behavior of the workers themselves, the use of operating instructions can ensure that operational activities are carried out safely.
At the same time, the employer meets the requirements of accident prevention and occupational health and safety regulations in this way.
For high-risk activities, the employer is responsible for ensuring the safety of their employees. The use of operating instructions is therefore necessary for both employees and employers. In this way, occupational health and safety can be jointly ensured in the company.
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