Fines & Enforcement

What fines should I expect if WHP obligations aren't met?

Under German law, the statutes set maximum amounts, not ranges: up to €30,000 (§ 25 ArbSchG) if the employer fails to comply with an enforceable order from the inspectorate — for example an order to carry out a missing psychological risk assessment. Up to €25,000 applies under § 20 ASiG if an order concerning the company doctor, the occupational safety specialist or the safety committee is not followed, and up to €10,000 for missing safety representatives (§ 209 SGB VII). Inspections are carried out by trade supervisory authorities or accident insurers, usually triggered by accidents, complaints, or spot checks.

Fines by violation (maximum amounts)

Violation	Legal basis	Fine range
Missing psychological hazard assessment (GBPsych)	ArbSchG § 5, § 22 Abs. 3, § 25	up to €30,000 if an enforceable order from the inspectorate is not complied with
Missing general hazard assessment/documentation	ArbSchG §§ 5–6, § 22 Abs. 3, § 25	up to €30,000 after an order that was not complied with; violation of an occupational safety ordinance up to €5,000
No occupational safety specialist	ASiG § 5, § 12, § 20	up to €25,000 if an enforceable order is not complied with
No occupational medical care	ASiG § 2, § 12, § 20	up to €25,000 if an enforceable order is not complied with
No occupational safety committee (more than 20 employees)	ASiG § 11, § 12, § 20	up to €25,000 if an enforceable order is not complied with
No safety officers (from 50 employees; with 21–49 if there is a particular hazard)	§ 22 SGB VII, § 209 Abs. 1 Nr. 3a SGB VII	up to €10,000

How does an inspection by the authorities work?

Inspections by trade supervisory authorities or accident insurers usually have a specific cause — typical triggers are workplace accidents, employee complaints, or routine spot checks in certain industries. Inspectors first check documentation: Is there a current hazard assessment? Can training sessions be proven? Has a safety specialist or company doctor been appointed?

When deficiencies are found, the authority usually first orders remediation with a deadline (§ 22 (3) ArbSchG, § 12 ASiG). A fine mainly becomes a risk if such an enforceable order is not complied with. Anyone who intentionally and persistently violates orders, or thereby endangers the life or health of employees, commits a criminal offense (§ 26 ArbSchG). Prosecution of an administrative offense with a maximum fine above €15,000 becomes time-barred after three years (§ 31 (2) OWiG). Note: this reflects German law.

What risks go beyond the fine?

Beyond the fine itself, workplace accidents or work-related illnesses without a documented hazard assessment can trigger additional civil liability risk for organizational negligence — particularly personal liability for management. For illness-related terminations without a documented BEM offer, the employer bears an extended burden of presentation and proof in court that milder measures were not an option (Federal Labor Court, BAG, 20 Nov 2014 – 2 AZR 755/13, German law).

Key takeaways

Note: this reflects German law. The statutes set maximum amounts: up to €30,000 under § 25 ArbSchG, up to €25,000 under § 20 ASiG, up to €10,000 under § 209 SGB VII.
A fine usually requires that an order from the inspectorate was not complied with.
Inspections are usually triggered by accidents, complaints, or spot checks.
Beyond the fine, management faces personal liability risk.
A documented BEM offer makes illness-related terminations less vulnerable in court.

Frequently asked questions

Is a fine imposed immediately on the first violation?+

Usually not. Authorities typically first order remediation with a deadline. A fine under § 25 ArbSchG requires that such an enforceable order was not complied with; it becomes more likely with repeat violations, serious gaps, or in connection with a specific incident (German law).

Is management personally liable for missing occupational safety measures?+

Yes, in cases of provable organizational negligence — for example, if a missing hazard assessment was the cause of a workplace accident or work-related illness, management can be held personally liable.

Is a termination for illness without a BEM offer automatically invalid?+

Not automatically. Without a BEM, however, the employer bears an extended burden of presentation and proof that a BEM could not have prevented the termination either — labor courts strictly examine whether milder measures were exhausted (BAG, 20 Nov 2014 – 2 AZR 755/13, German law).

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Sources

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

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