# Podcast Script: "Works Council and Occupational Health and Safety – What You Need to Know" > **Format:** Dialog podcast, 2 speakers > **Speakers:** Sarah (moderator) and Markus (works council chair, 15 years of experience) > **Duration:** ~40–55 minutes > **Target audience:** New and experienced works council members, interested employees > **Style:** Conversational, practical, with examples — no legalese without explanation --- ## Intro [0:00–1:30] **Sarah:** Hey ho, and welcome to a new episode of our Works Council Podcast. Today we're talking about a topic that affects every single works council, but not everyone knows it inside and out — occupational health and safety. And for this, I've invited someone who's been on the works council for over 15 years and has seen many trade supervisory inspections. Markus, hello! **Markus:** Hello Sarah! Yes, occupational health and safety is one of those topics where I still regularly see works council members thinking, "That's the employer's job." And that's the very first mistake. **Sarah:** Exactly, because today we'll show you: The works council has a massive set of rights in occupational health and safety — and they're well anchored in law. We'll talk about the employer's duties, co-determination rights, risk assessment, what to do about psychosocial strain, and how you as a works council can keep the employer on their toes. **Markus:** Sounds good, let's get started! --- ## Part 1: What is Occupational Health and Safety? [1:30–6:00] **Sarah:** Let's start simple — Markus, what is occupational health and safety? If you had to explain it at a family barbecue. **Markus:** Well, in a nutshell: Occupational health and safety means that no one should get injured or sick because of their work. It sounds banal, but it's a huge topic. It's about accident prevention — so you don't fall off a ladder — about health protection — so after 20 years in an office you're not suffering from burnout or back problems — and about human-centered design — meaning your work shouldn't break you, psychologically or physically. **Sarah:** That sounds like a lot. What does the law actually say? **Markus:** The bible of occupational health and safety is the ArbSchG — the Health and Safety at Work Act. It's been around since 1996 and regulates basically everything. The most important thing in short form: It applies to ALL employees. Not just workers, but also civil servants, soldiers, trainees, even people in workshops for disabled persons. And: Employers are not just companies, but any person who employs others. **Sarah:** So as a works council member, I need to know: The ArbSchG is my friend. **Markus:** Exactly! And in Section 1 it clearly states: The Act serves to secure and improve safety and health protection. This "improve" part is important — maintaining the status quo is not enough. The employer must always get better. This is an improvement mandate. **Sarah:** And what exactly does that mean for the works council? **Markus:** Almost everything! But we'll get to that later. First, you need to know the employer's duties — because if you don't know what they must do, you can't check whether they're doing it. --- ## Part 2: The Employer's Core Duties [6:00–14:00] **Sarah:** So let's go through the employer's core duties. What does the employer actually have to do? **Markus:** Section 3 ArbSchG is the flagship. The employer is obliged to take the necessary occupational safety measures — and to take into account ALL circumstances that affect safety and health. And this is important: They must review the effectiveness of the measures and adapt them to changing circumstances. **Sarah:** "Effectiveness" — so not just buying and forgetting? **Markus:** Exactly! Nobody is helped if the employer puts up a first aid kit that hasn't been refilled since 2003. Or fire safety training that only exists on paper. The measures must BE EFFECTIVE. And then there's another crucial point: The costs of occupational safety measures may not be passed on to employees. Someone's already tried that — "Buy your own safety shoes" — No, that's not allowed. **Sarah:** But there are also equipment obligations, right? **Markus:** Personal Protective Equipment, PPE, must be provided and paid for by the employer. That's regulated in the PPE Ordinance. If PPE is necessary, the employer pays. Period. **Sarah:** Okay, and then there are these 8 principles in Section 4? **Markus:** Yes, these are extremely important! Every works council member should know them by heart. I'll give them to you as a little checklist: **Sarah:** Okay, let's go through them one by one! **Markus:** Principle 1: Work must be designed so that hazards to life and health are avoided as far as possible. It sounds logical, but in practice it's often ignored. **Sarah:** For example? **Markus:** When an office is so overcrowded that you can barely get to the printer without stepping over people — then work is not designed hazard-free. **Markus:** Principle 2: Hazards must be combated at the source. Meaning: If a machine is dangerous, you secure the machine, not give the worker an eroding glove. **Sarah:** Source first, then technology, then organization, then individual protection. **Markus:** Exactly! Principle 5 says: Individual protective measures are subordinate. Only when you've done everything else does PPE come in. **Markus:** Principle 3: The state of technology, occupational medicine, and hygiene must be considered. The employer can't say "That's how we've always done it." If there are better methods, they must introduce them. **Markus:** And Principle 6: Special hazards for particularly vulnerable groups — pregnant women, disabled people, young people, elderly people — must be considered. This is especially important for works council members because these groups are often forgotten. **Sarah:** And the most important for you as a works council? **Markus:** Principle 4! Measures must be linked — technology, organization, working conditions, social relations, environment. This is the systemic approach. Occupational safety is not a silo topic, it affects everything! --- ## Part 3: Risk Assessment — The Works Council's Tool [14:00–22:00] **Sarah:** And that brings us to the most important tool of all — risk assessment. Markus, what is that? **Markus:** Risk assessment is Section 5 ArbSchG and practically the heart of the matter. The employer MUST determine what hazards exist at workstations and which measures are necessary. This is not voluntary, it's a duty! **Sarah:** And it's not just about physical things, is it? **Markus:** No! That's a common mistake. Many companies only do the physical risk assessment — tripping hazards, machinery, chemicals. But Section 5 para 3 no. 6 explicitly lists PSYCHOSOCIAL strain! That's been in the law since 2021 because the legislature recognized that psychosocial work leads to many sick notes. **Sarah:** What does that mean for the works council? **Markus:** Means: You can and must demand psychosocial hazards in the assessment! If the employer only counts tripping hazards and ignores the fact that half the workforce is working at burnout limits — then the risk assessment is incomplete. And you can challenge that incompleteness! **Sarah:** And who carries it out? **Markus:** The employer — but with the help of safety officers, company doctors, and of course the employees. Here the works council comes in: Section 87 para 1 no. 7 Works Constitution Act! The works council has a co-determination right in the implementation of risk assessment! **Sarah:** A co-determination right? That's strong! **Markus:** Absolutely! Not just "You must inform me," but we CO-DETERMINE how the risk assessment is carried out. What methodology? What questions? What areas? That's the greatest lever I have as a works council member. If we don't agree with the methodology, we can refuse. **Sarah:** And if the employer does it anyway without us? **Markus:** Then the risk assessment can be challenged! We can invoke the conciliation board. And very importantly: When measures are derived from the risk assessment — for example more breaks, new furniture, training — then we also have co-determination over these measures! Section 87 para 1 no. 7 BetrVG. **Sarah:** And how often must it be repeated? **Markus:** The law doesn't say "once." It says "adapt where necessary." Practice says: At least every 2–3 years, upon every change, after every serious accident, upon innovations. And I as a works council member should ask every year at the meeting: When was the last update of the risk assessment? --- ## Part 4: Instruction and Occupational Health Care [22:00–27:00] **Sarah:** What about instruction? There's something in Section 12? **Markus:** Exactly! Section 12 ArbSchG: The employer MUST instruct employees adequately and appropriately on safety and health protection. And not just sometime, but: Upon hiring, upon change of duties, upon introduction of new equipment or technologies, and adapted to hazard development — so repeated regularly. **Sarah:** "Repeated regularly" — meaning? **Markus:** In practice: At least annually. More often in hazardous areas. And here's a works council question: Who conducts the instruction? A safety officer? Or the employee who learned something about safety three years ago? You can demand the quality of instruction! **Sarah:** And what about the company doctor? **Markus:** Section 11 ArbSchG: Occupational health care. The employer must enable employees to undergo regular medical examinations upon request — even if the risk assessment doesn't strictly require it. This is a right of employees that the employer cannot restrict. **Sarah:** And the works council has a say in this? **Markus:** Yes! Section 87 para 1 no. 7 BetrVG: In the selection and appointment of a company doctor, we have co-determination! And Section 16 para 2 ArbSchG says: Employees must support the employer in fulfilling occupational safety duties. That means we as a works council should be in regular conversation with the company doctor and know the results of the examinations — anonymized, of course, but in their tendency. --- ## Part 5: What Happens in Emergencies and Accidents [27:00–32:00] **Sarah:** Okay, to emergencies. What must the employer do? **Markus:** Section 10 ArbSchG: The employer must take measures for first aid, fire fighting, and evacuation. They must appoint first aiders, fire wardens, evacuation assistants. And — and this is relevant again for the works council — they must HEAR the works council before appointment! **Sarah:** Hear, so not co-determine? **Markus:** No, just hear. But: That means we must submit a statement, and if the employer ignores it, that's a violation. And then there's Section 9 ArbSchG: Immediate serious danger. If acute danger threatens, employees must be informed and can bring themselves to safety. They may even take hazard defense measures themselves — without having to fear disadvantages! **Sarah:** That's practically a "right to flee"? **Markus:** Yes, you may leave the building if you believe it's on fire. And your boss can't reprimand you for that. That's important for many people who think they have to risk themselves on command. **Sarah:** And after accidents? **Markus:** The employer must record serious accidents — when someone is killed or is incapacitated for more than three days. And then Section 89 BetrVG comes into play: The works council must be INCLUDED in accident investigations! The employer must invite us. And they must give us a copy of the accident report. **Sarah:** So if an accident happens, the works council must be there? **Markus:** Yes! Period. If the boss clears up the accident without us, we bring it up later at the works council meeting: "Why weren't we there? That's a violation of Section 89 BetrVG." And then we demand the documentation — Section 89 para 5: We get records of investigations, inspections, meetings. --- ## Part 6: The Works Council's Rights in Detail [32:00–38:00] **Sarah:** Let's summarize again what rights the works council has in occupational safety. Markus? **Markus:** So, I'll start with the monitoring mandate — Section 80 para 1 BetrVG. We must ENSURE that laws, regulations, accident prevention rules, collective agreements, and works agreements are implemented. This is not optional, it's a duty! As a works council member, you must be active. **Sarah:** And then the co-determination right? **Markus:** Section 87 para 1 no. 7 BetrVG: We have co-determination in the prevention of occupational accidents, occupational diseases, and health protection. That's the strongest works council guarantee there is. Because: If we disagree, it goes to the conciliation board. And the conciliation board then decides — and usually in favor of the works council if the arguments are good. **Sarah:** And the other rights? **Markus:** Section 89 BetrVG: We ADVOCATE for occupational safety. We are included in inspections and accident investigations. We receive documents and records. **Markus:** Section 90 BetrVG: The employer must inform us promptly about the design of workstations, work processes, and work environments. So if the boss buys new furniture or redesigns the office, we must be there from the start! **Sarah:** "Promptly" — what does that mean? **Markus:** Not after the order has been placed, but while something can still be changed. If the employer only informs us after the fact, that's a violation. **Markus:** Section 92 BetrVG: Personnel planning. If external employees come — temporary workers, service providers — the employer must inform us about this. Who, where, how long, what does the person do? This is important for occupational safety — because we need to know whether these people have received instruction too! **Sarah:** And something about home office? **Markus:** Section 87 para 1 no. 14 BetrVG: Design of mobile work! That's been in there for a few years and is super important. Home office, work in the café, work everywhere — if the employer offers it, we have co-determination in the design. Workplace ergonomics, technology, availability, working time. Works agreement on home office is worth its weight in gold! --- ## Part 7: Psychosocial Strain — The Big Topic [38:00–45:00] **Sarah:** Markus, let me come back to psychosocial strain. That's a huge topic, and many works council members don't know how to deal with it. **Markus:** Yes, that's probably the most important topic for the coming years. Since 2021, Section 5 para 3 no. 6 ArbSchG explicitly states: Psychosocial strain at work is part of risk assessment. That was a legislative change that was long demanded by trade unions and science. **Sarah:** And what does that mean practically? **Markus:** Means: The employer must assess what the psychosocial strains at the workstations are. Not just "stress," but specifically: Work intensity, bullying, sexual harassment, autonomy, social support, work-life balance, clear roles. And then they must derive measures. **Sarah:** And what can the works council do? **Markus:** First: Demand a psychosocial risk assessment! If the employer only evaluates physical aspects, it's incomplete. Second: Demand the results — Section 80 para 2 BetrVG: We have a right to information! Third: Work on a works agreement on psychosocial strain. With clear measures, responsibilities, and deadlines. **Sarah:** And what are examples of good measures? **Markus:** Regular work-life balance conversations, clear boundaries for availability after hours, anti-bullying regulations, conflict management, training for managers, company integration management (BEM), anonymous complaint channels. All of these are occupational safety measures! And we as a works council can and must demand them. **Sarah:** And the company doctor? **Markus:** The company doctor can provide very important indications about psychosocial strain. Of course in compliance with data protection, but they must warn the employer and us if there are systematic psychosocial strains. --- ## Part 8: What to Do About Deficiencies? [45:00–50:00] **Sarah:** Okay, you've found deficiencies. What do you do as a works council? **Markus:** So step by step: **Step 1:** Document! Photos, minutes, witnesses. If the first aid kit is empty, take a photo and date it. **Step 2:** Written to the employer! Not orally, but by letter or email. With a deadline — for example two weeks. **Step 3:** Hearing procedure! That's our Section 87 BetrVG. We say: "We see a violation of co-determination rights, please hear us!" The employer must then listen and negotiate with us. **Step 4:** Conciliation board! If we can't agree, we call the conciliation board. This is an official body with one representative each from the employer and the works council plus a neutral chair. The ruling of the conciliation board is binding — and for both sides. **Step 5:** Trade supervisory authority! If the employer still doesn't act despite the conciliation board's ruling, we can call in the trade supervisory authority. They then come to the company and inspect. That's the last step because it strains the relationship, but sometimes it's necessary. **And very important:** Employees have the right to contact the competent authority! Section 17 para 2 ArbSchG. And they must not suffer any disadvantage from it! That's whistleblower protection. --- ## Part 9: Works Agreements on Occupational Safety [50:00–54:00] **Sarah:** Markus, what about works agreements? Should you make them? **Markus:** Absolutely! A works agreement, or "Betriebsvereinbarung" (BV), is the strongest instrument of the works council. If we establish in a BV what the employer must do, it's binding. And the employer must comply. **Sarah:** What topics should you make BVs on? **Markus:** There's a long list, but the most important are: Risk assessment: How often, with what methodology, who is involved. First aid: Number of first aiders, equipment, regular exercises, also documented. Screen work: Offer eye examinations, break regulations, equipment. Home office: Availability limits, home office workplace, working time regulations. Psychosocial strain: Procedures for identification and prevention, BEM. PPE: Procurement process, replacement intervals, responsibilities. Evacuation: Escape routes, exercises at least annually, fire protection regulations. And monitoring: Section 87 para 1 no. 6 BetrVG! If the employer wants to introduce cameras, screen monitoring, or location tracking, we have co-determination! That's a huge topic especially in times of digitalization. --- ## Outro [54:00–56:00] **Sarah:** Markus, thanks for all of that! If you could give the listeners one thing to take away? **Markus:** Yes: Occupational safety is not an extra — it's the law! And as a works council, you not only have the right but the duty to intervene. Start with risk assessment — that's your strongest tool. And remember: Psychosocial strain belongs just as much as tripping hazards. **Sarah:** Thanks, Markus! And thanks to everyone listening. If you have questions, get in touch — we'll do more episodes on specific topics like hazardous substances, working time, or home office. **Markus:** Until next time — and stay healthy! **Sarah:** Bye! --- ## Appendix: Laws for Reference - **ArbSchG Section 1** — Purpose: Secure and improve safety and health protection - **ArbSchG Section 3** — Employer's core duty: Take measures, review, improve - **ArbSchG Section 4** — 8 principles of OHS measures - **ArbSchG Section 5** — Risk assessment, including psychosocial strain - **ArbSchG Section 12** — Instruction upon hiring, change, new technology - **ArbSchG Section 10** — First aid, appointment of first aiders (hear WC) - **ArbSchG Section 9** — Immediate serious danger, right of self-rescue - **ArbSchG Section 11** — Occupational health care upon request - **ArbSchG Section 17** — Right to make suggestions and complain - **BetrVG Section 80** — Works council monitoring mandate - **BetrVG Section 87 para 1 no. 7** — Co-determination in accident prevention and health protection - **BetrVG Section 89** — WC advocacy for OHS, inclusion in inspections - **BetrVG Section 90** — Information on workplace design - **BetrVG Section 92** — Information on personnel planning - **BetrVG Section 87 para 1 no. 14** — Co-determination in mobile work - **BetrVG Section 87 para 1 no. 6** — Co-determination in surveillance technology --- *This script is an offer for works council members and interested employees. It does not replace legal advice. For concrete cases: consult a lawyer specializing in employment law or your trade union.*