Occupational health and safety is and remains important, even in a digitalized world. Despite its great importance, many people are not aware of who in the company is actually responsible for its fulfillment.
This article aims to shed some light on the subject: We shed light on who the players in the company are and what their responsibilities are.
Many people think that responsibility for occupational health and safety lies solely with the employer. However, this is only half the truth. There are many different stakeholders who have responsibilities and accountabilities for the health and safety of employees.
The most important facts in brief
✓ The Occupational Health and Safety Act (ArbSchG) stipulates that the employer bears the main responsibility for health and safety in the workplace.
✓ Employees have a duty to cooperate, including following instructions and using the protective equipment provided.
✓ Occupational health and safety requires coordinated cooperation between all stakeholders in the company in order to ensure the health and safety of employees
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What does the law say about responsibilities in occupational health and safety?
In Germany, the Occupational Health and Safety Act (ArbSchG ) regulates obligations with regard to health and safety in the workplace. In addition to general obligations, such as protection against accident hazards, the law also specifies individual regulations for certain occupational groups.
According to the Occupational Health and Safety Act, employers are responsible for the health and safety of their employees at work. This means that they must ensure that the working conditions and equipment comply with the regulations and that all necessary protective measures are taken.
He must therefore ensure that the working conditions comply with the requirements of the DGUV (German Social Accident Insurance) and ensure that, for example, the prescribed safety equipment is worn and, if necessary, technical protective measures such as personal emergency signal systems or dead man's devices are made available.
The occupational health and safety obligations apply to all persons who manage a company - which therefore also includes managers. These duties also include managers in temporary positions, such as employees who are training new employees.
The tasks of non-managerial employees - including the occupational safety specialist - are limited to supporting the employer and supervisors. They have an obligation to assist in the implementation of occupational health and safety and must therefore comply with the safety regulations and observe all accident prevention regulations.
The employers' liability insurance associations also have a certain responsibility in occupational health and safety, as they monitor compliance with the regulations and can impose penalties for violations.
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Are the occupational health and safety obligations transferable to other players?
However, there are also duties and tasks in occupational health and safety that can be transferred to individual managers or other persons, for example. For example, it is difficult for employers to monitor the use of personal protective equipment or detect defects in machinery if they are not involved in production and are not on site.
Occupational health and safety obligations should therefore always be transferred if the employer is unable to fulfill them in terms of time or location.
However, the employer cannot transfer all duties. The duty to monitor is not transferable and must therefore always be carried out by the employer themselves - this means that the employer must regularly check that adequate occupational health and safety measures are in place in the company and that the relevant instructions are being followed.
Even if the employer has transferred the duties to another person, he remains solely responsible for them.
Employers who do not have the relevant knowledge themselves must seek expert advice. In particular, occupational safety specialists and company doctors can be consulted as experts.
What role does the occupational safety specialist play in occupational safety?
The occupational safety specialist is the central point of contact in the company when it comes to occupational safety. They advise and support employees in the implementation of protective measures and monitor compliance with them. They are also responsible for carrying out safety inspections and risk assessments.
It is also responsible for the training and further education of employees in occupational health and safety. In addition, it advises works councils and trade unions on labor law issues.
Occupational safety specialists are also in demand in the age of Industry 4.0: they must be familiar with new technologies in the field of occupational health and safety and advise on the introduction of these in companies. It is also their job to help employees switch to new working methods, such as emergency call apps (see CALIMA), and to protect them.
The occupational safety specialist should be seen purely as a staff position - they have no authority to issue instructions within the company. As such, they cannot be held legally responsible for the implementation of occupational health and safety.
What responsibilities do employees have?
Every employee in a company bears a certain responsibility for the safety and health of their colleagues and for themselves. Employees' obligations to cooperate in occupational health and safety are regulated in Section 12 (1) ArbSchG. According to this, employees must in particular ensure that they fulfill the obligations incumbent upon them under the Occupational Health and Safety Act, accident prevention regulations and other legal provisions.
For example, they must wear suitable protective clothing and comply with safety regulations.
In principle, the employee must fulfill the following obligations:
- Follow the operating instructions and other instructions issued by the employer or manager for the purpose of occupational health and safety.
- Proper use of work equipment and operational facilities.
- Use of the personal protective equipment (PPE) provided.
This principle of the duty to cooperate does not relate exclusively to our own safety and health, but also includes all other persons - the principle is therefore not only applicable to ourselves, but also takes into account the safety and well-being of others.
The role of the employers' liability insurance associations in occupational health and safety
The employers' liability insurance associations (BG) play a central role in occupational health and safety. They monitor compliance with statutory regulations and provide support in the prevention of accidents and occupational illnesses.
They also support companies in the implementation of safety measures by advising companies on the implementation of safety measures. They also assume financial liability for accidents and occupational illnesses.
There are a total of nine industrial employers' liability insurance associations in Germany, which are divided into different sectors.
Conclusion: The employer as the main person responsible for occupational health and safety
The employer bears the main responsibility for the safety of employees in their company. They are responsible for complying with legal regulations and must take measures to ensure the health and safety of employees.
However, as he does not always have the opportunity to initiate adequate measures himself, he has the option of transferring certain duties to others, such as the occupational safety specialist.
Nonetheless, these persons act in the same way as the employer itself when transferring duties - the employer cannot absolve itself of its responsibility by transferring duties.
Nevertheless, everyone in the company - from the managing director to the employee - is responsible for supporting occupational health and safety and complying with its regulations.
It is therefore important that all employees are aware of occupational safety and observe their duties. If this is successful, the safety and health of everyone in the company will benefit.
