Prevention Guide for Works Councils
Prevention Guide and Works Council: What co-determination rights apply to workplace health promotion (WHP) under § 20b SGB V?
Under German law, voluntary WHP measures such as courses are not subject to co-determination under Section 87(1) No. 7 BetrVG — they can be governed by a voluntary works agreement (Section 88 No. 1 BetrVG). Co-determination applies to the parts that touch statutory occupational safety, above all the risk assessment including psychological workload (Section 87(1) No. 7), plus technical survey tools (No. 6) and changes to working time (No. 2). The GKV Prevention Guideline makes the works council's involvement a condition for health insurers to support WHP.
Works Council Co-Determination Rights in WHP
| Topic | Co-Determination Right | Legal Basis |
|---|---|---|
| GBPsych method and process | Co-determination — which method, how it is anonymized | Section 87(1) No. 7 BetrVG (for online surveys also No. 6) |
| WHP measure selection (which courses, for whom, when) | No co-determination right under Section 87 — can be governed by a voluntary works agreement; works council involvement is a condition for support from the health insurers | Section 88 No. 1 BetrVG; GKV Prevention Guideline 2025, ch. 6.2.2 |
| Participation in WHP during working hours | Yes, insofar as the scheduling of working time or breaks changes | § 87(1) No. 2 BetrVG |
| Access to anonymized health data (GBPsych, absence rates) | Right to information — anonymized, without employee consent | § 80 BetrVG + Art. 9 GDPR |
| Personal health data | No right without the explicit consent of the employee concerned | Art. 9 GDPR |
| BEM initiation (unable to work for more than six weeks within one year) | Involvement in the individual case only with the consent of the person concerned; monitoring right; co-determination over general procedural rules for BEM | Section 167(2) SGB IX; Federal Labour Court (BAG), 22.03.2016 – 1 ABR 14/14 |
| Membership in the Health Steering Committee | The guideline names the works council as a member of the steering committee — not a legal obligation, but a condition for support from the health insurers | GKV Prevention Guideline 2025, ch. 6.2.2 and 6.3.2 |
What role does the works council play in the GKV Prevention Guide?
The GKV Prevention Guideline (Section 20b SGB V, German law) is not a pure HR document — it explicitly sees the works council as a player in the WHP process. Among the conditions under which health insurers support workplace health promotion, the 2025 edition states that employees or their elected representatives (works council or staff council) are involved in the entire process of building and strengthening health-promoting structures (ch. 6.2.2). For the steering committee — “Steuerungsgremium, Arbeitskreis Gesundheit” or similar — the guideline explicitly lists the works or staff council among the groups that should be represented (ch. 6.3.2).
This means: works councils that actively help shape WHP instead of merely insisting on co-determination rights strengthen their position as health partners. The alternative — a veto stance or passivity — weakens WHP quality and ultimately harms employees.
Concrete works council roles in the WHP process: (1) Member of the Health Steering Committee / Health Working Group. (2) Helping determine needs — the works council often knows employee concerns better than HR. (3) Measure evaluation: Was the measure effective? The works council has the right to review anonymized evaluations.
§ 87 BetrVG in the WHP context: where exactly does co-determination begin?
Section 87(1) No. 7 BetrVG gives the works council a co-determination right over “rules on the prevention of occupational accidents and occupational diseases and on health protection within the framework of statutory provisions or accident prevention regulations”. The key phrase is “within the framework of statutory provisions”: co-determination covers how the employer implements a statutory duty that leaves room for choice — for example the risk assessment under Section 5 ArbSchG. Voluntary WHP offers that go beyond this are not covered; for these, Section 88 No. 1 BetrVG provides for voluntary works agreements on “additional measures to prevent occupational accidents and damage to health”.
What specifically requires co-determination: which method is used for the psychological risk assessment (observation, survey, workshop) and how it is carried out (No. 7), whether a survey or WHP tool runs on a technical system capable of recording behaviour or performance (No. 6), and whether participation changes the scheduling of working time or breaks (No. 2).
What does NOT require co-determination: The fundamental decision of whether to offer WHP, and which voluntary courses are offered (the employer decides; a voluntary works agreement under Section 88 BetrVG is possible). Provider selection — as long as no employee data is shared with the provider without a prior works agreement. The conclusion of GKV cooperation agreements at the employer level.
Works council checklist: reviewing and safeguarding WHP measures
Use this checklist to help the works council check whether a planned WHP measure is permissible and effective:
- Has the employer conducted a needs assessment? (Required for GKV funding and good practice)
- For prevention courses under § 20 SGB V (German law): does the course carry the ZPP seal “Deutscher Standard Prävention”? (Can be checked at zentrale-pruefstelle-praevention.de; no certification is provided for WHP measures under § 20b)
- Is the measure accessible to all employee groups — or only to one group?
- Does participation change the scheduling of working time or breaks? If so: works council approval under Section 87(1) No. 2 BetrVG is required
- Is participant data shared with third parties (GKV, providers)? If so: check data protection impact assessment and works agreement
- Is the works council represented on the Health Steering Committee? If not: request it — the GKV guideline explicitly names it as a member
- Is there an evaluation after 12 months? (Impact measurement = § 80 works council right to information)
Related measures & topics
Key takeaways
- Section 87 BetrVG: co-determination over the risk assessment (No. 7), technical tools (No. 6) and working time (No. 2) — voluntary WHP offers via a voluntary works agreement (Section 88 No. 1)
- GKV Prevention Guideline 2025: works council involvement is a condition for support from the health insurers; it belongs on the steering committee
- Works council right to review: anonymized data yes; personal health data only with the employee's consent
- The works council cannot prevent health promotion altogether — constructive co-design is the stronger role
- If participation changes the scheduling of working time or breaks, this requires co-determination under Section 87(1) No. 2 BetrVG
Frequently asked questions
Can the works council block WHP measures?+
No, not WHP as such: whether voluntary offers exist, and which ones, is the employer's decision. Only individual aspects are subject to co-determination — such as the method of the risk assessment, technical survey tools or changes to working time. If no agreement is reached on these, the conciliation board decides (Section 87(2) BetrVG, German law). The works council can therefore help shape the rules, but cannot prevent health promotion altogether.
Must the employer inform the works council about WHP?+
Yes — under § 80 BetrVG, the works council has a general oversight and information right regarding matters affecting employees. WHP is included. The employer must inform proactively, not only upon request. Anonymized evaluations (absence rates, GBPsych results at the department level) are covered by the right to information.
What should be done if the employer plans WHP without the works council?+
Where co-determined matters are affected (risk assessment, technical tools, working time): assert the co-determination right under Section 87 BetrVG in writing right away. If the employer still acts unilaterally, the works council can demand that it stop and initiate proceedings before the labour court (for gross violations, Section 23(3) BetrVG). Early involvement pays off for the employer anyway: health insurers support WHP only if the works council is involved in the process (GKV Prevention Guideline 2025, ch. 6.2.2).
Does the works council have access to GBPsych results?+
Yes — but only anonymized at the group level (departments, job categories). Personal GBPsych data (which employee reported which type of strain) is not accessible without the employee's consent. § 80 BetrVG grants the right to inspect documents — but Art. 9 GDPR protects health data as a special category of data.
Structure WHP with the Works Council
EasyWHP provides anonymized evaluations for steering committee and works council meetings and guides you through the psychological risk assessment — with documentation of each step.
Sources
- § 87 BetrVG — Co-Determination Rights ↗
- Section 88 BetrVG — Voluntary works agreements (No. 1: additional health protection measures) ↗
- § 80 BetrVG — General Duties of the Works Council ↗
- § 20b SGB V — Workplace Health Promotion ↗
- GKV-Spitzenverband: Prevention Guide 2025 ↗
- Art. 9 GDPR — Special Categories of Data ↗
- Zentrale Prüfstelle Prävention (ZPP) — certification of prevention courses under § 20 SGB V ↗
Last updated: 2026-10-15. Not legal or tax advice — have your specific case reviewed by a professional.