Obligations by Company Size

Which WHP obligations apply at each company size?

Note: this overview reflects German law. A risk assessment, occupational safety specialist, company physician, first aiders, and BEM already apply from the 1st employee. With more than 20 employees, an occupational safety committee (ASA) is added; from 50 employees, safety officers must be appointed (between 21 and 49 only if there is a special hazard). A representation for severely disabled employees is elected as soon as at least five severely disabled people are employed on a more than temporary basis.

WHP obligations by threshold

From how many employees	Additional obligation	Legal basis
1	Risk assessment, occupational safety specialist (FASi), company physician, first aiders, safety briefings, BEM (after more than six weeks of incapacity to work in 12 months)	ArbSchG, ASiG, DGUV V1, SGB IX § 167
5	Works council can be elected, co-determination on health matters	BetrVG § 87
more than 20	Occupational safety committee (ASA, meets at least quarterly); safety officers only if the risk assessment shows a special hazard	ASiG § 11, SGB VII § 22 (1)
50	Safety officers (number depends on hazards and headcount)	SGB VII § 22 (1), DGUV V1 § 20
regardless of total headcount	Representation for severely disabled employees, as soon as at least five severely disabled people are employed on a more than temporary basis	SGB IX § 177

Which obligations apply from the very first employee?

As soon as a company employs its first person, the core occupational health and safety obligations under German law apply in full — there is no minimum-size exemption. These include the risk assessment (physical and psychological), appointing an occupational safety specialist and a company physician, sufficiently trained first aiders, regular safety briefings, and the obligation to offer BEM (company reintegration management) once an employee has been unable to work for more than six weeks within one year, continuously or repeatedly.

What changes from five employees?

Once a company has five or more employees eligible to vote, a works council can be elected. As soon as a works council exists, its co-determination rights under Section 87 of the German Works Constitution Act (BetrVG) apply, including on occupational health matters — WHP measures should then be coordinated with the works council early on.

What applies with more than 20 employees?

With more than 20 employees, an occupational safety committee (ASA) must be formed that meets at least once a quarter (ASiG Section 11). Its members are the employer or a person they appoint, two works council members chosen by the works council (if one exists), company physicians, occupational safety specialists, and safety officers. Part-time staff count pro rata: up to 20 hours a week as 0.5, up to 30 hours as 0.75.

Safety officers are mandatory from 50 regular employees. With 21 to 49 employees, a safety officer only has to be appointed if the risk assessment shows a special hazard to life and health (SGB VII Section 22 (1)). How many are needed depends on the hazards and the number of employees (DGUV Regulation 1, Section 20).

Key takeaways

Note: these obligations are based on German law. Core obligations (risk assessment, occupational safety specialist, company physician, BEM) apply from the 1st employee.
From 5 employees: works council can be elected, co-determination under Section 87 BetrVG becomes relevant.
More than 20 employees: occupational safety committee mandatory; from 50 employees also safety officers (SGB VII Section 22).
Representation for severely disabled employees: as soon as at least five severely disabled people are employed on a more than temporary basis (SGB IX Section 177).

Frequently asked questions

Do part-time employees and temporary workers count toward the headcount?+

It depends on the rule. For the occupational safety committee, part-time staff count pro rata: up to 20 hours a week as 0.5, up to 30 hours as 0.75 (ASiG Section 11). For works council elections, every permanent employee eligible to vote counts, regardless of working hours (BetrVG Section 1). When in doubt, check with the responsible trade association (Berufsgenossenschaft) or a specialized attorney.

What happens if we have more than 20 employees and don't set up an ASA?+

This violates ASiG Section 11. A fine under ASiG Section 20 applies if the supervisory authority orders the committee to be formed (ASiG Section 12) and the company does not comply with this enforceable order — then up to €25,000. Regardless of that, structured coordination among occupational safety stakeholders is missing.

Does the BEM obligation also apply to very small companies?+

Yes, offering BEM is mandatory from the first employee onward, regardless of company size, as soon as someone has been unable to work for more than six weeks within one year, continuously or repeatedly.

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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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