Health and safety at work is the be-all and end-all of any company, as it forms the basis for a safe and healthy working environment.
It is not just a matter of issuing regulations, but also of ensuring that they are always complied with. This is the only way to minimize potential hazards and prevent accidents.
Compliance with health and safety regulations requires more than simply publishing guidelines. It requires comprehensive monitoring and enforcement of these measures to create a truly safe working environment.
But who monitors compliance with the regulations?
Responsibility for monitoring compliance with occupational health and safety regulations lies with various bodies and organizations.
From state authorities such as the state offices for occupational health and safety to internal safety officers in companies - there is a network of monitoring mechanisms to ensure that all regulations are complied with.
In this article, you can find out what role occupational health and safety plays in companies and who exactly is responsible for monitoring protective measures in Germany.
The most important facts in brief
✓ Health and safety in the workplace is essential for a safe and healthy working environment and must be continuously monitored and enforced to minimize potential hazards.
✓ Various bodies and organizations, from government authorities to internal safety officers, are responsible for monitoring and complying with occupational health and safety regulations.
✓ Occupational health and safety includes general, medical, social and technical measures, all of which are aimed at ensuring the safety and health of employees and preventing accidents.
Why is occupational health and safety so important?
The importance of occupational health and safety extends across various aspects, as it contributes specifically to preventing work-related accidents and ensuring the safety of employees.
Such measures can not only prevent serious injuries at work, but also increase the sense of safety in the workplace and improve employee performance.
Relieving employees of constant worries about their personal safety allows them to concentrate on their tasks and increase their productivity.
The introduction and correct implementation of occupational health and safety measures are of considerable importance for employers, as they must fulfill their legal obligations under the Occupational Health and Safety Act.
This law, recorded in the Federal Law Gazette (BGBI), aims to protect the health and safety of workers in the workplace. In addition to these regulations, employers must also comply with the accident prevention regulations of the German Social Accident Insurance (DGUV) in order to fully meet their obligations.
By conscientiously complying with these regulations, the employer can not only avoid fines, but also strengthen the working relationship and the trust of employees in the company. A clear demonstration of commitment to health and safety in the workplace promotes a positive corporate culture and employee well-being.
What does occupational health and safety involve?
Occupational health and safety refers to all measures, means and methods aimed at ensuring the health and safety of employees in the workplace.
A basic distinction is made between four types of occupational health and safety:
General occupational health and safety
General occupational health and safety includes basic guidelines aimed at ensuring safe working conditions for all employees. It sets out the minimum standards that employers must meet in order to protect the health and safety of employees.
Article §3 of the Occupational Health and Safety Act is the basis of general occupational health and safety and obliges employers to ensure safe working conditions.
Medical occupational safety
This branch of occupational health and safety focuses on protecting the health of employees from work-related illnesses, hazards and health risks. It aims to prevent illnesses or health problems that may arise due to the specific conditions in the workplace.
Medical occupational health and safety includes regular health checks, the monitoring of working conditions and substances and the introduction of measures to minimize or eliminate health risks.
Social occupational health and safety
This aspect of occupational health and safety focuses on the safety and health of particularly vulnerable groups of workers, such as pregnant women, young workers or people with special needs.
It aims to create appropriate workplace conditions for these groups that take their specific requirements into account.
This includes, for example, protection against hazards at work that could have a negative impact on pregnancy or the provision of suitable work equipment for young employees or employees whose health is impaired.
Technical occupational safety
This area of occupational health and safety deals with safety in technical activities and the use of work equipment.
It includes identifying potential hazards in workplaces, implementing protective equipment, training employees in the use of technical equipment and creating safe work processes and environments.
The aim of technical occupational safety is to minimize or prevent accidents and health risks that could arise from the use of machines or technical equipment.
Who is responsible for occupational safety in the company?
Employer in accordance with the Occupational Health and Safety Act (ArbSchG)
Employers in Germany bear primary responsibility for the safety and health of employees in their company in accordance with the Occupational Health and Safety Act.
Its duties include ensuring occupational health and safety, complying with occupational health and safety regulations, carrying out risk assessments and implementing appropriate protective measures depending on the risk level identified. Find out more about the legal basis for risk assessment.
The employer is also responsible for providing instruction, training and operating instructions.
The occupational safety specialist and the company doctor
In addition to the employer, responsibilities for occupational safety issues can also be transferred to specialized persons such as the occupational safety specialist or the company doctor.
They support the employer in fulfilling his duties in the area of occupational safety and offer expert advice and support.
Employees
Employees also have a responsibility within the scope of the duty to cooperate. They are obliged to actively contribute to safety in the workplace by making proper use of the protective equipment provided and not acting recklessly.
In addition, they must follow the employer's instructions and take part in training courses to ensure their own safety and that of their colleagues.
You can find out more about responsibilities in occupational health and safety in our article "Who is responsible for occupational health and safety?".
Which authority is responsible for occupational health and safety?
Which authority is responsible for occupational health and safety is regulated in Germany by a dual system that includes both state supervisory bodies and non-state institutions such as employers' liability insurance associations.
The trade supervisory office
The trade supervisory offices act as supervisory authorities for occupational health and safety, environmental and consumer protection and compliance with legal standards.
Its main tasks include advising, reviewing and protecting employees and processing applications.
They are authorized to enter companies at any time, inspect them and take the necessary measures. There are around 100 state trade supervisory offices in Germany that are responsible for inspection and safety in various working environments.
State offices for occupational health and safety (StÄfA)
As monitoring and advisory institutions of the federal states, the StÄfA are responsible for the health and safety of employees in the workplace. They monitor state occupational health and safety regulations and play an important role in advising employees and employers on occupational health and safety.
Its tasks also include the coordination of all activities in the field of occupational health and safety in Germany and cooperation with other governmental and non-governmental institutions to improve occupational health and safety.
The accident insurance funds
The accident insurance funds are legally tasked with monitoring occupational health and safety and advising on occupational safety issues. Their overriding aim is to implement effective measures to promote an improved prevention culture in companies.
Through their work, they try to raise awareness of health and safety issues in the workplace and promote the implementation of appropriate measures.
The employers' liability insurance associations
According to § 15 SGB VII, employers' liability insurance associations are responsible for the prevention of accidents at work, occupational diseases and work-related health hazards . They advise employers on occupational health and safety issues and can issue accident prevention regulations that govern the behavior of employees and the measures taken by employers.
The monitoring and implementation of these regulations are also part of their tasks, which are carried out by supervisors in accordance with § 19 SGB VII.
The close cooperation of these governmental and non-governmental institutions ensures the monitoring of and compliance with occupational health and safety regulations in German companies. Their joint efforts are crucial to ensuring the safety and health of employees and promoting a safe working environment.
Despite the responsibilities of the various governmental and non-governmental supervisory bodies, the obligations of employers to ensure the health and safety of employees remain unaffected. The employer or other responsible persons, such as occupational safety specialists, support the authorities in their occupational health and safety duties by monitoring their company.
Conclusion
Occupational health and safety measures are prescribed by law, but are not always implemented correctly. To ensure compliance, the health and safety measures in the companies must be monitored. This process requires cooperation and monitoring by various control bodies to ensure compliance.
In Germany, both governmental and non-governmental institutions such as the employers' liability insurance associations are responsible for compliance with occupational health and safety regulations. The various supervisory bodies are important for ensuring the safety and health protection of employees and thus significantly improving their sense of safety.
The organization of the various institutions contributes to the promotion of a safe working environment in German companies.
