Workplace safety remains of paramount importance, even in an increasingly digitalized work environment. Particular emphasis is placed on the responsibilities and obligations of the various stakeholders within the company, who work together to ensure the health and safety of employees.
This article provides a clear overview of who is responsible for workplace safety, what legal obligations exist, and how these responsibilities are divided among employers, managers, and 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 also bear a certain responsibility for occupational health and safety due to their duty to cooperate. This includes following instructions and using the protective equipment (PPE) provided.
✓ Occupational health and safety requires coordinated cooperation between all stakeholders in the company in order to ensure the health and safety of employees
✓ Various parties share responsibility for occupational safety and are in charge of different areas.
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Who is responsible for occupational safety in the company?
Responsibility for workplace safety lies primarily with the employer. The employer is legally obligated to ensure the safety and health of employees at the workplace. This includes creating suitable working conditions, assessing hazards, and implementing necessary protective measures.
However, workplace safety is not a responsibility that falls solely on the employer. Managers also share this responsibility, as they are in charge of implementing safety measures in their respective departments. In addition, employees are required to comply with applicable safety regulations and actively contribute to workplace safety.
Employers also receive support from occupational safety specialists, company physicians, and the employers’ liability insurance associations, which provide advice, conduct inspections, and promote compliance with legal requirements. Overall, occupational safety is thus a shared responsibility within the company.
In practice, certain occupational safety and health obligations and responsibilities may be delegated to appropriate individuals, such as managers, for example when the employer is unable to fulfill them personally due to time or location constraints. For instance, it is difficult to monitor the use of personal protective equipment or the condition of machinery if the employer is not working directly on-site.
Nevertheless, it is not possible to fully transfer responsibility. In particular, the employer retains the duty to supervise. The employer must regularly ensure that the established occupational safety measures are implemented and that relevant instructions are followed. Even when tasks are delegated, the employer remains ultimately responsible.
If the employer does not possess the necessary expertise, they are required to seek appropriate advice. Occupational safety specialists and company physicians may be consulted for this purpose.
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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.
Employer Responsibilities in Occupational Safety and Health
Employers are legally required to ensure the safety and health of their employees. Among the employer’s key obligations are:
- Conduct a risk assessment: Workplaces must be regularly inspected and assessed for potential hazards.
- Establish and implement protective measures: Based on the risk assessment, appropriate measures must be taken to protect employees.
- Ensuring the safe provision of work equipment: Machinery, equipment, and work environments must comply with legal safety requirements.
- Employee training: Employees must be regularly informed and trained about hazards and safety measures.
- Provision of protective equipment: The necessary personal protective equipment (PPE) must be provided.
- Monitoring and Documentation: The employer is required to monitor compliance with the measures and maintain appropriate records.
Even though specific occupational safety and health tasks may be delegated to managers or other individuals, overall responsibility always rests with the employer.
However, particularly in high-risk areas—such as when working alone or performing tasks without direct supervision—organizational measures alone are often insufficient. In such cases, additional measures are necessary to ensure the safety of employees at all times.
Digital emergency systems can play a key role here: they turn smartphones into personal emergency signaling devices that allow for both manual and automatic alerts. In an emergency, relevant information—such as the user’s current location—is sent directly to pre-registered emergency contacts, enabling a quick response.
In this way, such solutions help companies reliably and practically fulfill their legal obligations regarding occupational safety, particularly when employees are working alone.
Employees' Rights and Responsibilities in Occupational Safety
Every employee in a company shares responsibility for workplace safety, both for their own safety and for the health of their colleagues. At the same time, employees also have certain rights designed to protect them and ensure safe working conditions.
Employees’ duties to cooperate are set forth in Section 12(1) of the Occupational Safety and Health Act (ArbSchG). Accordingly, employees are required to comply with occupational safety and health regulations as well as accident prevention regulations and to actively contribute to safety in the workplace.
Duties of employees
Employees are required, in particular, to:
- Follow operating instructions as well as instructions from the employer or supervisors
- Use work equipment and facilities in accordance with their intended purpose
- to use the personal protective equipment (PPE) provided
- Follow safety regulations and avoid hazards
Wearing the required protective equipment is a key part of this duty to cooperate.
The principle of the duty to cooperate applies not only to one’s own safety, but also to the protection of others within the company.
Employee Rights
In addition to their obligations, employees also have important rights under occupational safety and health laws. These include:
- the right to safe and healthy working conditions
- the right to training and information about workplace hazards
- the right to be provided with necessary protective equipment
- the right to point out hazards and suggest improvements
Through the interplay of responsibilities and rights, employees actively contribute to a safe and healthy work environment.
Responsibility in occupational health and safety: employers' liability insurance associations
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.
Frequently asked questions
Who is responsible for occupational safety in the company?
The primary responsibility for workplace safety lies with the employer. The employer must ensure that all legal requirements are met and that the safety of employees is guaranteed. However, managers and employees are also involved in implementing these measures.
Can an employer delegate its occupational safety and health obligations?
Yes, certain tasks may be delegated to managers or other suitable individuals. However, overall responsibility always remains with the employer, particularly the duty to supervise.
What are employees' obligations regarding occupational safety?
Employees are required to comply with safety regulations, use work equipment properly, and wear the protective gear provided. They must also follow their employer’s instructions and actively contribute to safety in the workplace.
What role do occupational safety and health associations play in workplace safety?
Occupational safety and health associations monitor compliance with regulations, advise companies, and assist in the prevention of workplace accidents and occupational diseases. They also provide coverage in the event of an accident.
What are the responsibilities of an occupational safety specialist?
The occupational safety specialist advises the employer and assists with the implementation of occupational safety measures. They conduct risk assessments, train employees, and monitor safety standards, but do not have direct authority to issue instructions.
