# Training: Occupational Health and Safety (OHS) at the Workplace

> **Target audience:** Works councils (Betriebsrat), employee representatives, interested employees  
> **Duration:** ~90 minutes (incl. discussion)  
> **Date:** 2026  
> **Legal basis:** ArbSchG (German Health and Safety at Work Act), BetrVG (Works Constitution Act), DGUV regulations

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## Learning Objectives

After this training, you will be able to:

1. Name the legal foundations of occupational health and safety
2. Review the employer's duties for OHS management
3. Identify co-determination and information rights of the works council
4. Use risk assessment as a key works council lever
5. Evaluate the rights and duties of employees
6. Assess emergency and first aid provisions
7. Classify official inspections and accident prevention

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## 1. Introduction: What is Occupational Health and Safety?

### 1.1 Definition (§ 2 ArbSchG)

> *Occupational health and safety measures are measures to prevent accidents at work and work-related health hazards, including measures for the human-centered design of work.*

**Three pillars:**
- **Accident prevention** — protection from acute hazards
- **Health protection** — protection from long-term strain
- **Human-centered design** — psychosocial work design

### 1.2 Purpose of the Act (§ 1 ArbSchG)

> *This Act serves to secure and improve the safety and health protection of employees at work through occupational health and safety measures.*

- Applies to **all** areas of activity (except domestic staff, seafarers, mining)
- Extends to the exclusive economic zone (UN Convention on the Law of the Sea)

### 1.3 Who is covered? (§ 2 para 2 ArbSchG)

Covers more than just employees:
- Employees (Arbeitnehmer)
- Trainees
- Employee-like persons (§ 5 para 1 AGG)
- Civil servants (Beamte), judges, soldiers
- Employees in workshops for disabled persons

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## 2. Duties of the Employer

### 2.1 Core Obligation (§ 3 para 1 ArbSchG)

> *The employer is obliged to take the necessary occupational safety measures, taking into account the circumstances that affect the safety and health of employees at work. He must review the effectiveness of the measures and adapt them to changing circumstances where necessary. He must aim to improve safety and health protection.*

**Key points:**
- Measures must be **effective** (not just on paper)
- Regular **review** and adaptation required
- **Improvement mandate** — maintaining the status quo is not enough
- **Costs cannot be passed on to employees** (§ 3 para 3)

### 2.2 The 8 Principles (§ 4 ArbSchG)

| No. | Principle | Relevance for Works Council |
|-----|-----------|----------------------------|
| 1 | Avoid hazards, minimize residual risk | Starting point for all projects |
| 2 | Combat hazards at source | Source before individual protection |
| 3 | Consider state of technology, occupational medicine, hygiene | Demand current knowledge |
| 4 | Link technology, organization, conditions, social relations, environment | Demand systemic view |
| 5 | Individual protection subordinate | PPE only if other measures insufficient |
| 6 | Consider particularly vulnerable groups | Pregnant women, disabled, young, elderly |
| 7 | Provide appropriate instruction | Review quality of instruction |
| 8 | Gender-specific rules only when biologically necessary | Review equal treatment |

### 2.3 Risk Assessment (§ 5 ArbSchG)

**The central instrument — and a works council lever!**

> *The employer must determine, through an assessment of the hazards associated with the work for employees, which occupational safety measures are necessary.*

**Hazard sources (§ 5 para 3):**
1. Design of the workplace / workstation
2. Physical, chemical, biological influences
3. Work equipment (substances, machinery, devices)
4. Work and production procedures, workflows, working time
5. Inadequate qualification and instruction
6. **Psychical strain at work** (explicitly included since 2021!)

**Works Council relevance:**
- § 87 para 1 no. 7 BetrVG: Co-determination in implementation
- § 90 BetrVG: Information about workplace design
- Works agreement on risk assessment is useful

### 2.4 Instruction (§ 12 ArbSchG)

> *The employer must instruct employees adequately and appropriately on safety and health protection during working hours.*

**Timing:**
- Upon hiring
- Upon change of duties
- Upon introduction of new work equipment or technology
- **Before** starting the activity
- Adapted to hazard development → regular repetition

### 2.5 Occupational Health Care (§ 11 ArbSchG)

> *The employer must enable employees, upon request, to undergo regular medical examinations depending on the hazards to their safety and health at work […]*

- Right to examination **upon request** (even if risk assessment does not strictly require it)
- Detailed regulation in DGUV Regulation 3

### 2.6 First Aid and Emergency (§ 10 ArbSchG)

- Measures for first aid, fire fighting, and evacuation
- Appointment of first aiders, fire wardens, evacuation assistants
- **Works council must be heard before appointment** (§ 10 para 2 s. 3)
- Connection to external services (emergency services, fire department)

### 2.7 Accident Documentation (§ 6 para 2 ArbSchG)

> *Accidents in which an employee is killed or injured such that they die or are fully or partially incapacitated for more than three days must be recorded by the employer.*

- Recording obligation for serious accidents
- Reporting obligation to accident insurance provider

### 2.8 Immediate Serious Danger (§ 9 ArbSchG)

- Employees must be informed about hazards
- **Right of self-rescue**: Employees may take action themselves in case of immediate serious danger
- **No disadvantage** from hazard defense (except intent/gross negligence)
- **Right to leave** in case of immediate serious danger

### 2.9 Responsible Persons (§ 13 ArbSchG)

Responsible parties:
1. Employer / legal representative
2. Management bodies
3. Business managers
4. Safety officer (Fachkraft für Arbeitssicherheit)
5. Company doctor (Betriebsarzt)

**Important:** Tasks may be delegated — but **responsibility remains with the employer**!

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## 3. Duties and Rights of Employees

### 3.1 Duties (§ 15 ArbSchG)

- Care for own and others' safety as far as possible
- Proper use of work equipment and PPE
- Observe instruction and direction from employer

### 3.2 Special Support Duties (§ 16 ArbSchG)

- **Reporting duty**: Immediate reporting of serious danger and defects in protective systems
- Cooperation in improving occupational safety
- Cooperation with company doctor and safety officer

### 3.3 Rights (§ 17 ArbSchG)

- **Right to make suggestions**: Employees may make suggestions on all OHS matters
- **Complaint to competent authority** — if measures are insufficient
- **No disadvantage** (whistleblower protection)
- Whistleblower Protection Act remains unaffected

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## 4. Works Council and Occupational Safety

### 4.1 Monitoring Mandate (§ 80 para 1 BetrVG)

> *The works council has the following general duties:*
> *1. To monitor that the laws, regulations, accident prevention rules, collective agreements and works agreements applicable to employees are implemented;*
> *[…]*
> *9. To promote occupational safety and environmental protection measures at the workplace.*

**This is not just a supervisory right, but an active duty!**

### 4.2 Co-determination Right (§ 87 para 1 no. 7 BetrVG)

> *The works council has the right to co-determine, insofar as no statutory or collective agreement regulation exists, in the following matters:*
> *7. Regulations on the prevention of occupational accidents and occupational diseases and on health protection within the framework of statutory regulations or accident prevention rules;*

**Co-determination regarding:**
- Implementation of risk assessment
- Selection of safety officers and company doctor
- Company OHS programs
- Protective measures and their implementation
- Workplace ergonomics and screen work
- Works agreements on occupational safety

**If no agreement is reached → Conciliation board** (§ 87 para 2 BetrVG)

### 4.3 Co-determination for Mobile Work (§ 87 para 1 no. 14 BetrVG)

> *14. Design of mobile work performed using information and communication technology;*

- Regulations for mobile work (home office, external activities)
- Technical equipment
- Working time and availability
- Data protection in home office

### 4.4 Information and Notification Rights (§ 80 para 2, § 89 BetrVG)

> *For the performance of its duties […] the works council must be informed promptly and comprehensively by the employer […] Upon request, the works council must be provided at all times with the documents necessary for the performance of its duties […]*

**During inspections and accident investigations (§ 89 BetrVG):**
- Employer must include works council
- Instructions and orders from authorities must be communicated without delay
- Records of investigations, inspections, meetings must be provided
- Copy of accident report (§ 193 para 5 SGB VII)

### 4.5 Workplace Design (§ 90 BetrVG)

> *The employer must inform the works council promptly and comprehensively about the design of workstations, work processes and work environments and hand over the relevant documents.*

- Early notification for new builds and conversions
- Co-determination for work equipment (§ 90 s. 2)
- Technology for behavior monitoring → co-determination (§ 87 para 1 no. 6)

### 4.6 Personnel Planning (§ 92 BetrVG)

> *The employer must inform the works council promptly and comprehensively about personnel planning […] in particular about the deployment, number and type of activities of employees.*

- Employment of external personnel (temporary workers, service providers)
- Information on type and scope
- Contracts accessible

### 4.7 Special Rights in Occupational Safety (§ 89 BetrVG)

- **Advocacy** for implementation of occupational safety and accident prevention rules
- **Support** for authorities and accident insurance
- **Inclusion** in inspections and accident investigations
- Participation in meetings with safety delegates

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## 5. Organizational Forms of Occupational Safety

### 5.1 Safety Officer (§ 13 ArbSchG + DGUV Regulation 2)

- Employer must provide a safety officer (depending on company size)
- Acts independently of the line organization
- Works council has co-determination in selection (§ 87 para 1 no. 7)

### 5.2 Company Doctor

- Voluntary (unlike the obligation to have a safety officer)
- Works council has co-determination in selection
- Cooperation duty with works council (§ 16 para 2 ArbSchG)

### 5.3 Safety Delegates (§ 22 SGB VII)

- Appointed by accident insurance provider
- Works council members participate in meetings (§ 89 para 4 BetrVG)

### 5.4 Committee for Safety and Health (§ 14 ArbSchG)

- Employees in the public sector
- Informed before starting and upon changes
- Consulted on measures affecting safety/health

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## 6. Specific Hazard Areas

### 6.1 Psychosocial Strain

**Explicitly mentioned in § 5 para 3 no. 6 ArbSchG since 2021!**

- Work intensity, time pressure
- Bullying, sexual harassment
- Autonomy and co-determination
- Role conflicts
- Work-life balance

**Works council lever:** Demand psychosocial risk assessment! (Resolution by Bundestag 2021)

### 6.2 Screen Work

- Workplace Ordinance (ASR 3.1)
- Eye examinations offered
- Pregnant women: special protection rules
- Design of work environment (lighting, furniture, monitors)

### 6.3 Hazardous Substances

- Hazardous Substances Ordinance (GefStoffV)
- Substance list, labeling, substitution check
- Special protective measures for carcinogenic substances

### 6.4 Noise and Vibration

- Noise and Vibration Occupational Safety Ordinance
- Observe limit values
- Hearing protection only as last resort

### 6.5 Working Time

- Working Time Act (ArbZG)
- Breaks, rest periods, overtime
- Night and shift work
- Work-life balance as an OHS topic

### 6.6 Home Office / Mobile Work

- Same OHS obligations apply!
- Risk assessment also for home office
- Ergonomics of home workspace
- Boundaries: Privacy vs. duty to work
- Works agreement recommended (§ 87 para 1 no. 14)

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## 7. Sanctions and Enforcement

### 7.1 Administrative Offenses (§ 25 ArbSchG)

- Fine up to **€30,000** (employer)
- Fine up to **€5,000** (employees)
- For violations of regulations or orders

### 7.2 Criminal Offenses (§ 26 ArbSchG)

- **Imprisonment up to 1 year** for:
  - Persistent repetition of administrative offenses
  - Intentional endangerment of life or health

### 7.3 Official Supervision (§ 21 ArbSchG)

- State task (trade supervisory authority)
- Monitoring compliance
- Advising employers
- **Minimum inspection quota: 5%** from 2026 (§ 21 para 1a)

### 7.4 Accident Insurance Providers

- Prevention mandate (SGB VII)
- Advice and monitoring
- Accident prevention rules (DGUV rules)
- Coordination with trade supervisory authority

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## 8. Works Agreements on Occupational Safety

### 8.1 Typical Works Agreement Topics

1. Risk assessment (implementation, methodology, repetition)
2. First aid (first aiders, equipment, exercises)
3. Screen work (examinations, breaks, equipment)
4. Home office (regulations, technology, availability)
5. Psychosocial strain (prevention, BEM)
6. Working time health (shift plans, overtime)
7. PPE (procurement, use, replacement intervals)
8. Evacuation (escape routes, fire protection, exercises)
9. Substitution (hazardous substances, testing cycles)
10. Monitoring / surveillance technology (§ 87 para 1 no. 6)

### 8.2 Minimum Requirements for Works Agreements

- Clear responsibilities
- Timelines for implementation
- Measurable targets
- Review intervals
- Cost allocation
- Consequences of non-compliance

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## 9. Practical Tips for Works Councils

### 9.1 Checklists

**OHS Check for Works Council:**
- [ ] Are current risk assessments available?
- [ ] Are first aiders appointed and trained?
- [ ] Are fire wardens appointed?
- [ ] Are evacuation plans in place?
- [ ] Are accidents documented and analyzed?
- [ ] Are safety officer and company doctor available?
- [ ] Is instruction provided regularly?
- [ ] Are there works agreements on OHS?
- [ ] What is the status of psychosocial strain?
- [ ] Is work equipment inspected?

### 9.2 Procedure for Deficiencies

1. **Document** — photos, minutes, witnesses
2. **Written to employer** — with deadline
3. **Hearing procedure** (§ 87 BetrVG) initiate
4. **Conciliation board** if no agreement
5. **Trade supervisory authority** (as last resort)
6. **Publicity** (press, trade union) — strategic use

### 9.3 Works Council Expert Network
- HBS works council seminars
- IG Metall / ver.di education programs
- W.A.F. (betriebsrat.ai) — AI-powered legal information
- DGUV materials (free!)
- BAuA publications

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## 10. Summary

| Topic | Legal Provision | Works Council Relevance |
|-------|-----------------|------------------------|
| Purpose of ArbSchG | § 1 | Monitoring mandate |
| Core obligation | § 3 | Participation, control |
| Principles | § 4 | Evaluation standard |
| Risk assessment | § 5 | Co-determination (§ 87 no. 7) |
| Instruction | § 12 | Review quality |
| First aid | § 10 | Hearing |
| Special hazards | § 9 | Information rights |
| Employee duties | § 15 | Support |
| Complaint right | § 17 | Process support |
| Works council duties | § 80 BetrVG | Duty to use |
| Works council co-determination | § 87 BetrVG | Actively enforce |
| Works council inclusion | § 89 BetrVG | Demand presence |
| Workplace design | § 90 BetrVG | Early information |
| Personnel planning | § 92 BetrVG | Right of insight |
| Mobile work | § 87 no. 14 | Design |

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## Appendix A: Key Statutory Provisions (Full Text)

### ArbSchG § 1
> *This Act serves to secure and improve the safety and health protection of employees at work through occupational health and safety measures.*

### ArbSchG § 3 para 1
> *The employer is obliged to take the necessary occupational safety measures, taking into account the circumstances that affect the safety and health of employees at work.*

### ArbSchG § 5 para 1
> *The employer must determine, through an assessment of the hazards associated with the work for employees, which occupational safety measures are necessary.*

### ArbSchG § 12 para 1
> *The employer must instruct employees adequately and appropriately on safety and health protection during working hours.*

### BetrVG § 80 para 1
> *The works council has […] to monitor that the laws, regulations, accident prevention rules, collective agreements and works agreements applicable to employees are implemented […]*

### BetrVG § 87 para 1 no. 7
> *[…] Regulations on the prevention of occupational accidents and occupational diseases and on health protection […]*

### BetrVG § 89 para 1
> *The works council must ensure that the regulations on occupational safety and accident prevention in the workplace […] are implemented.*

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## Appendix B: Further Resources

- **gesetze-im-internet.de** — ArbSchG, BetrVG (free, German)
- **DGUV.de** — accident prevention rules, advice, statistics
- **BAuA.de** — research, practical knowledge, risk assessment tools
- **HBS-Mitbestimmung.de** — specialist portal for works councils
- **EU-OSHA (osha.europa.eu)** — European OSH agency
- **ILO (ilo.org)** — International Labour Organization OSH resources

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*This training does not replace legal advice. For concrete cases, always consult a lawyer specializing in employment law.*