GBPsych Fines

Violating the GBPsych Requirement: What Fines Are at Stake — and How Can Employers Protect Themselves?

Under German law, if the psychological risk assessment is missing (§ 5 ArbSchG) or undocumented (§ 6 ArbSchG), the state occupational safety authority usually first orders you to complete it. Failing to comply with such an enforceable order can lead to a fine of up to €30,000 (§ 25 ArbSchG); persistent repetition or intentionally endangering health is a criminal offense (§ 26 ArbSchG). 75% of organizations have no holistic WHP program, per #whatsnext 2025 (TK/IFBG).

GBPsych Violations and Their Consequences

Violation	Legal Basis	Sanction
No GBPsych conducted	§ 5(1) and (3) No. 6 ArbSchG	Order by the authority (§ 22(3)); if not complied with: fine up to €30,000 (§ 25(1) No. 2a)
GBPsych not documented	§ 6 ArbSchG (documentation requirement)	Order to complete it; if not complied with: fine up to €30,000
Review cycle not maintained (outdated GBPsych)	§ 3(1) ArbSchG (review and adjustment)	Order to update it; if not complied with: fine up to €30,000
Measures not derived/implemented	§ 5(1) ArbSchG (duty to act)	Order with a deadline; if not complied with: fine up to €30,000
Psychological hazards not assessed for new roles/tasks	§ 5(3) No. 6 ArbSchG	Order by the authority; if not complied with: fine up to €30,000
Order persistently ignored or health intentionally endangered	§ 26 ArbSchG	Criminal offense: imprisonment of up to one year or a fine

What Exactly Triggers a Fine Under § 25 ArbSchG?

Under German law, § 25 ArbSchG has two fine ranges: up to €5,000 for violating an occupational safety ordinance that refers to this provision (para. 1 no. 1), and up to €30,000 when an employer fails to comply with an enforceable order of the supervisory authority under § 22(3) (para. 1 no. 2a). Failing to carry out the risk assessment under § 5 is not in itself an offense subject to a fine: the authority first orders the employer to complete it — only those who ignore that order risk the fine. Anyone who persistently disregards such an order or intentionally endangers the life or health of employees commits a criminal offense under § 26 ArbSchG. Psychological strain has been explicitly listed in § 5(3) No. 6 ArbSchG since 2013, when the legislature added it — so hardly anyone can claim not to have known about the requirement.

Important: the fine relates to the individual violation, not to the company as a whole. If several orders are not complied with — for different job categories, for example — several fines may be imposed. The authority can also enforce its orders with coercive penalty payments (Zwangsgelder).

Statute of limitations: where the maximum fine exceeds €15,000 — i.e., for the fine of up to €30,000 — the offense becomes time-barred after three years; for the range up to €5,000, after two years (§ 31(2) OWiG). The period only begins once the act has ended (§ 31(3) OWiG) — so as long as an order is not complied with, it has not yet started.

How Are GBPsych Violations Detected?

The labor inspectorate conducts both announced site visits (workplace inspections) and unannounced checks — the latter more often triggered by complaints from employees or works councils. During a site visit, inspectors request documentation: the GBPsych records, the action log, and evidence of effectiveness monitoring.

A common trigger for inspections: a works council or employee reports a deficiency to the labor inspectorate. Absences with a psychological cause (e.g., burnout) can also prompt inspections. Mergers and restructurings require the risk assessment to be reviewed and adjusted (§ 3(1) ArbSchG) — another known reason for inspections.

Trade associations (Berufsgenossenschaften, BG) also advise and inspect companies. For the risk assessment under the ArbSchG, the state occupational safety authority is responsible; both work closely together under a joint advisory and inspection strategy and inform each other about site visits and their key findings (§ 21(3) ArbSchG).

How Can Employers Protect Themselves — and What Falls Short?

Not sufficient: a one-time GBPsych conducted back in 2018 that was never updated. Not sufficient: a GBPsych that only covers physical strain while ignoring psychological factors. Not sufficient: verbal interviews without written documentation.

What the requirement essentially demands: a documented GBPsych with date, participants, hazard sources, assessment results, and derived measures — reviewed and adjusted whenever working conditions change materially and at regular intervals (§ 3(1) ArbSchG). The law does not set a fixed interval.

The decisive protective factor is complete, traceable documentation: records must be produced immediately during an inspection. Paper files that no one can find count as nonexistent when in doubt. Digital, structured documentation with timestamps makes this easy.

GBPsych covering all relevant job categories (not just office staff)
Written documentation with date and responsible party
Action plan with implementation deadlines and effectiveness monitoring
Cycle planning: when is the next GBPsych due?
Immediate reassessment upon restructuring, remote-work rollout, or new shift models

How Many Organizations Have Holistic WHP?

According to #whatsnext 2025 (a TK/IFBG employer survey), only a quarter of organizations have a holistic WHP program — and this figure has not increased since 2022. The psychological risk assessment is one part of it, and here too the gap is large: many employers have risk assessments for physical strain but have not yet carried out the psychological risk assessment — even though, under German law, it has been explicitly required by § 5(3) No. 6 ArbSchG since 2013.

A common reason is a lack of internal resources and unclear responsibilities: many companies have no dedicated WHP specialist. This explains why the gap remains so large despite the requirement having existed for years.

Related measures & topics

Key takeaways

Under German law, a fine of up to €30,000 (§ 25 ArbSchG) applies when an order of the authority is not implemented — per violation, not per company.
75% of organizations have no holistic WHP program, according to #whatsnext 2025 (TK/IFBG) — and many companies still lack the psychological risk assessment.
Statute of limitations: three years for the fine of up to €30,000 (§ 31(2) OWiG) — the period only begins once the violation has ended.
Complete documentation is essential: records must be producible immediately during an inspection.
An action plan and effectiveness monitoring are just as mandatory as the hazard assessment itself.

Frequently asked questions

What Is the Difference Between § 5 ArbSchG and § 25 ArbSchG?+

Under German law, § 5 ArbSchG is the obligation clause: it requires every employer to conduct a risk assessment, including psychological strain. § 25 ArbSchG is the fines clause — but it does not refer directly to § 5; it applies to violations of certain occupational safety ordinances and to enforceable orders of the authority (§ 22(3)). If the risk assessment is missing, the authority usually first orders it to be completed; only those who fail to comply with that order risk a fine of up to €30,000.

When Can the Fine Reach €30,000 — and When €5,000?+

The fine can reach €30,000 when an employer fails to comply with an enforceable order of the supervisory authority (§ 25(1) No. 2a ArbSchG). Up to €5,000 applies to violations of an occupational safety ordinance that refers to § 25, and to employees who disregard an order addressed to them. The amount in each case depends on the significance of the violation and the degree of fault (§ 17(3) OWiG). Persistently disregarding an order or intentionally endangering the life or health of employees is a criminal offense (§ 26 ArbSchG).

Is an Employee Survey Enough to Count as a GBPsych?+

No — a survey alone is not sufficient. GBPsych is a multi-step process: identify hazards (e.g., via survey or observation), assess risks, derive measures, implement measures, monitor effectiveness — and document all of it. A survey without assessment and an action plan counts as an incomplete GBPsych.

What Happens if the GBPsych Has Deficiencies but Basically Exists?+

The authority usually sets a deadline for corrections — for example in an inspection letter or by order. If an enforceable order is not complied with, a fine of up to €30,000 may follow (§ 25 ArbSchG). The amount depends on the significance of the deficiency: if psychological strain has not been assessed at all, that weighs more heavily than a missing signature.

Do I Need a Separate GBPsych for Every Department?+

A GBPsych must be conducted separately for each job type with relevant differences in strain. In practice: group job roles (e.g., “office staff,” “production workers,” “managers”) and evaluate each group separately. For homogeneous roles, a cross-group assessment is sufficient.

Tackle the Psychological Risk Assessment in a Structured Way

EasyWHP guides you through the psychological risk assessment, sends out the surveys, and records what happened when — even without an in-house WHP specialist. The expert evaluation is done by professionals you bring in at the right moment.

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Sources

Last updated: 2026-06-27. Not legal or tax advice — have your specific case reviewed by a professional.

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