Documentation & Retention
What must be documented in occupational safety — and how long must records be retained?
Under German law: employers must document risk assessments, training (signed), BEM meetings, occupational physician reports, ASA minutes, and accident reports. Retention is usually 3–5 years — missing records are the top reason for inspection findings.
Retention periods at a glance
| Document | Retention period |
|---|---|
| Risk assessment | until updated + 5 years |
| Training records | at least 5 years |
| BEM files | 3 years after completion |
| Accident reports | 5 years |
Why documentation is the sticking point in inspections
During an inspection by the trade supervisory authority or the accident insurance carrier (Berufsgenossenschaft), documentation is checked first — not the actual state of the workplaces. A company with exemplary but undocumented occupational safety practices is formally considered non-compliant, because German law places the burden of proof on the employer (Section 6 of the Occupational Safety Act, ArbSchG). This applies especially to the psychosocial risk assessment (GBPsych), the most commonly cited deficiency of all.
What exactly must be documented
- Risk assessments for all workplaces — including home office
- Training sessions: date, content, attendee list with signatures
- BEM meetings with the employee's written consent
- Occupational physician reports and medical checkups
- Minutes of the occupational safety committee (ASA, from 20 employees)
- Accident reports and the resulting prevention measures
The most common mistakes in practice
Most compliance findings arise not from a lack of occupational safety measures, but from incomplete records. Four patterns repeat in nearly every company that fails an inspection.
- GBPsych was conducted but never documented in writing
- Training sessions took place but without a signature list — unprovable during an inspection
- The risk assessment is several years old and was not updated after changes
- BEM meetings were held but not recorded in writing — a significant risk in wrongful-termination proceedings
Key takeaways
- Documentation, not the actual state of compliance, is the most common focus of inspections
- Retention periods are usually 3–5 years
- GBPsych documentation is the most common gap in practice
- Training without signatures counts as not having taken place during an inspection
- Both the BEM offer AND the refusal must be documented
Frequently asked questions
Is digital documentation sufficient, or does everything need to be on paper?+
Digital documentation is permitted and standard practice, as long as it is complete, tamper-proof, and verifiable at all times (audit-proof) and can be produced during an inspection.
What happens if we try to prove training sessions without signatures?+
Without a signature or an equivalent digital record (e.g., confirmed attendance with a timestamp), the training is considered not to have taken place during an inspection — regardless of whether it actually did.
Do we also need to document BEM meetings if the employee declines the BEM offer?+
Yes — both the BEM offer itself and the employee's refusal must be documented. Without this record, a later termination on medical grounds is significantly more vulnerable to challenge.
Keep records automatically complete
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Sources
Last updated: 2026-07-06. Not legal or tax advice — have your specific case reviewed by a professional.