Occupational Safety Basics

Occupational Safety Basics

What does occupational safety cover — and which obligations apply starting with the first employee?

Under German law, occupational safety includes risk assessment (incl. psychological strain), the STOP principle for selecting measures, regular safety briefings and documentation — mandatory from the first employee under the Occupational Safety Act (ArbSchG).

Occupational Safety Obligations at a Glance

ObligationLegal BasisDue FromFine (§ 25 ArbSchG)
Risk assessment (physical)ArbSchG § 5from the 1st employeeup to €30,000 if an order from the authority is not complied with
Psychological risk assessment (GBPsych)ArbSchG § 5from the 1st employeeup to €30,000 if an order from the authority is not complied with
Regular safety briefingsArbSchG § 12from the 1st employee, at least once a year (DGUV Regulation 1)up to €30,000 if an order from the authority is not complied with
Documentation of measuresArbSchG § 6from the 1st employeeup to €30,000 if an order from the authority is not complied with

What does occupational safety actually mean?

Note: This guide refers to German occupational safety law. Occupational safety (Arbeitsschutz) covers all measures for preventing workplace accidents and occupational illnesses, and for protecting health at work. It is legally anchored in the Occupational Safety Act (ArbSchG), the Occupational Safety and Health Act (ASiG), the DGUV regulations of the trade associations (Berufsgenossenschaften), and the Workplace Ordinance (ArbStättV).

At its core is the risk assessment: a systematic record of all hazards at every workplace — both physical (noise, machinery, ergonomics) and psychological (workload intensity, time pressure, social strain). Since 2013, the psychological risk assessment (GBPsych) has been explicitly anchored in § 5 ArbSchG and is mandatory for every employer — regardless of company size.

In what order are protective measures chosen (STOP principle)?

When risks are identified during the risk assessment, the ArbSchG prescribes a fixed hierarchy for protective measures — the STOP principle: Substitution (replace the hazard source) before Technical (technical safeguards) before Organizational (adjust work processes) before Personal (protective equipment as a last resort). Anyone who reaches directly for personal protective equipment without having examined technical or organizational alternatives is not acting in compliance with the law.

  • Substitution: Replace hazardous substances/work methods
  • Technical: Protective devices, ventilation, ergonomics at the workplace
  • Organizational: Working hours, break arrangements, responsibilities
  • Personal: Protective equipment — only once the three previous levels have been exhausted

What has to be documented — and which mistakes are common?

Risk assessments must be documented in writing — including the identification, evaluation, defined measures, and their effectiveness checks. During an inspection by the trade supervisory authority or the trade association (Berufsgenossenschaft), missing or outdated documentation is a common reason for objections, regardless of whether actual working conditions are in order.

  • Common mistake: the GBPsych was never conducted or is not documented — according to the GDA company survey 2023/24, around one third of companies with a risk assessment do not consider psychological strain
  • Briefings without participant signatures — cannot be proven during an inspection
  • Risk assessment not updated for years (e.g., after the introduction of remote work)
  • Remote work locations are forgotten in the risk assessment

EasyWHP, which offers BGM-Kompass free of charge, starts with the most common mistake, the psychosocial risk assessment (GBPsych, German law): it provides the questionnaires, guides you through the steps up to the measures and records what happened when. The professional assessment of the results and occupational safety in its full breadth are handled by specialists, for example via the marketplace. EasyWHP and the psychosocial risk assessment →

Key takeaways

  • Under German law, risk assessment (physical and psychological) is mandatory from the first employee — there is no minimum threshold.
  • The STOP principle mandates the order of protective measures.
  • Missing or outdated documentation is a common weak point during inspections — even when actual working conditions are in order.
  • Remote work locations are part of the risk assessment.
  • Fine of up to €30,000 (§ 25 ArbSchG) if an order from the authority is not complied with.

Frequently asked questions

As a micro-business with just one employee, do I also need to conduct a risk assessment?+

Yes. Under German law, the obligation under § 5 ArbSchG applies from the first employee, regardless of company size. There is no minimum threshold.

Is a one-time risk assessment sufficient forever?+

No. It must be updated whenever relevant changes occur — new workplaces, new machinery, the introduction of remote work or after a workplace accident. The law sets no fixed interval; however, the German state occupational safety authorities recommend reviewing all areas at regular intervals even without a specific trigger (LASI LV 59).

What actually happens during an inspection without a documented risk assessment?+

If the risk assessment is missing, the supervisory authority (Gewerbeaufsicht or occupational safety office) usually first orders the company to complete it within a deadline (§ 22 (3) ArbSchG). A fine of up to €30,000 (§ 25 ArbSchG) applies if this order is not complied with. In the event of a workplace accident without a documented GBPsych, management's liability risk also increases due to organizational negligence.

Where does your occupational safety stand?

The EasyWHP compliance check asks where you stand on risk assessment, psychological risk assessment and safety briefings, and shows where gaps remain. EasyWHP guides you step by step through the psychological risk assessment; safety briefings and occupational safety in its full breadth are handled by specialists.

Sources

Last updated: 2026-07-06. Not legal or tax advice — have your specific case reviewed by a professional.

Read more

BGM-Kompass covers German workplace health management (BGM): funding paths, figures and legal references (e.g. § 20b SGB V, § 3 No. 34 EStG, § 167 SGB IX, the statutory-health-insurer prevention guidelines) apply to Germany.