Both companies and employees have a responsibility to ensure safety and well-being in the workplace.
Despite clearly defined occupational health and safety regulations and legal obligations, it is unfortunately often the case that preventive protective measures are not implemented in full.
This leads to a situation that both jeopardizes the individual safety of employees and can have legal consequences.
In this article, we explain how health and safety regulations are violated and the consequences of this behavior.
The most important facts in brief
✓ Companies and employees share responsibility for safety in the workplace, with the employer bearing the main responsibility for avoiding hazards and implementing protective measures in accordance with Section 1 ArbSchG.
✓ Violations of occupational health and safety regulations can occur in various areas, such as operational safety, VDU work, occupational health care and noise protection.
✓ Employees are obliged under Section 15 ArbSchG to cooperate in complying with safety measures and to report hazards.
When is a violation of occupational health and safety considered to have occurred?
Violations of occupational health and safety regulations are as diverse as the protective measures themselves. This means that they can occur in many different areas: in operational safety, VDU work, occupational health care, the workplace, in the area of noise and vibration or even in maternity protection.
Violations on the part of the employer
In accordance with Section 1 (1) ArbSchG, the employer is obliged to avert risks to health and life in the company.
Likewise, according to Section 3 ArbSchG, the company must set up a suitable organization in the company at its own expense and take appropriate precautions so that the occupational health and safety measures can be complied with by all employees. If protective measures are not implemented correctly or sufficiently, this is already considered a violation.
The defined protective measures are then recorded in operating instructions.
Appropriate planning and organization of work and workplaces, as well as the prevention of work-related health risks and accidents, are among the duties of every company.
Employers who deliberately or unknowingly ignore these obligations are in breach of occupational health and safety regulations and are therefore liable to prosecution.
Violations on the part of employees
The employer bears primary responsibility for occupational health and safety in the company. However, employees can also violate the Occupational Health and Safety Act.
According to §15 ArbSchG, employees are responsible for ensuring their own safety and that of their coworkers. You can find out more about responsibilities in occupational health and safety in our article "Who is responsible for occupational health and safety?".
The employees' duty to cooperate is based on the instruction provided by the employer and its content, such as the correct use of work equipment, protective devices and the wearing of personal protective equipment.
If employees do not fulfill these obligations, they are in breach of occupational health and safety regulations. This also applies in the event that employees discover a risk to health and safety in the company without immediately reporting it to the employer.
Despite everything, employees rarely make themselves liable to prosecution. We explain what this is all about in the section "What happens if employees violate occupational health and safety regulations?".
What happens if the company violates occupational health and safety regulations?
If an employer's breach of occupational health and safety regulations comes to light, the relevant employers' liability insurance association will first set a deadline so that the employer can make up for the shortcomings .
If the management still fails to meet its obligations, the business must be shut down. If the instructions are repeatedly ignored, the employer may even be denied the ability to run a business.
According to § 25 ArbSchG, the management can face a fine of up to 30,000 euros depending on the severity. If an accident at work has already occurred in which employees were injured, the penalties are therefore higher.
In the event of intentional violations of the Occupational Health and Safety Act that endanger the life or health of employees, a prison sentence may be imposed. The same applies if conduct that endangers safety is repeated several times in the company.
Companies can find out which legal regulations affect their own business by carrying out a risk assessment.
If a risk assessment is incorrectly documented, this can result in recourse claims from the employers' liability insurance association in accordance with Section 5 of the Occupational Health and Safety Act. The catalog of fines under the Occupational Health and Safety Act also provides for a fine of €5,000.
The consequences of a breach of the Occupational Health and Safety Act on the part of the company also apply if the inspection duties are neglected or the tasks are delegated to incompetent specialists.
What happens if employees violate occupational health and safety regulations?
Employees can also violate the Occupational Health and Safety Act. If employees repeatedly fail to comply with the protective measures specified by the company in the company instruction, this can result in dismissal.
This is because employees violate the provisions of their employment contract with their negligent behavior and thus endanger not only themselves, but also their colleagues and third parties.
It is important to emphasize that compensation claims for accidents can often fall back on the company, even if the accident is due to the negligent conduct of an employee.
This means that it is also in companies' own interest to implement clear work instructions and controls at to ensure that employees understand and comply with the defined safety measures.
The documentation of warnings or cautions serves as an additional safeguard for the company in the event of legal disputes.
Motivating employees for occupational health and safety is a continuous process. It is advisable that the employer creates incentives, offers regular training to employees and promotes open communication with them in order to create awareness of the importance of safety regulations.
These measures can help to ensure that employees proactively participate in complying with safety regulations and thus make the working environment safer for everyone involved.
You can find more tips to help you motivate employees for occupational health and safety in our article "How do I motivate employees for occupational health and safety?".
Why are health and safety regulations being violated?
Occupational health and safety measures are often disregarded due to ignorance or carelessness. However, some employers are of the opinion that investing in occupational health and safety is not worthwhile and therefore even deliberately violate the regulations.
For example, they refrain from securing the danger zone in order to save material and time. However, this behavior is not worthwhile in the long term.
A company's most important asset is its employees. For this reason, it makes sense to invest in their health and safety. In this way, the relationship between management and employees is improved.
Satisfied employees also perform their work much more productively, as they can concentrate fully on their work without having to worry about their health. Employers can also avoid getting into difficulties themselves.
Overall, complying with health and safety regulations and investing in safety measures is not only a legal obligation, but also a strategic decision for long-term corporate success and employee satisfaction.
This helps to create a positive working culture and increases a company's competitiveness.
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You can find more reasons why it is important for employers to improve occupational health and safety in the company in the article "Why is it worth investing in occupational health and safety?".
Conclusion: Adhering to the measures creates a better working environment for everyone
Whether unintentionally or intentionally - the Occupational Health and Safety Act is often violated. Both the employer and employees can be responsible for these abuses.
Violations of occupational health and safety regulations can have serious consequences, ranging from fines to the suspension of operations or even imprisonment in the case of deliberate hazards.
The employer's obligations with regard to occupational health and safety include the creation of a safe working environment and compliance with protective measures, while employees are also obliged to respect and cooperate with these measures.
The neglect of occupational health and safety measures can be due to ignorance, negligence or sometimes even deliberate cost-cutting on the part of companies.
However, investing in occupational health and safety is essential to protect a company's most valuable asset - its employees.
An improved health and safety culture not only increases productivity, but also strengthens trust and loyalty between management and employees.
It is in the common interest to ensure safety in the workplace, both to promote the well-being of employees and to avoid legal consequences.
Employers should prioritize occupational health and safety in order to be successful in the long term and make the working environment safer and more pleasant for everyone involved.
