Occupational Safety Basics
What does occupational safety cover — and which obligations apply starting with the first employee?
Under German law, occupational safety includes risk assessment (incl. psychological strain), the STOP principle for selecting measures, regular safety briefings and documentation — mandatory from the first employee under the Occupational Safety Act (ArbSchG).
Occupational Safety Obligations at a Glance
| Obligation | Legal Basis | Due From | Fine Range for Violations |
|---|---|---|---|
| Risk assessment (physical) | ArbSchG § 5 | 1st employee | €5,000–10,000 |
| Psychological risk assessment (GBPsych) | ArbSchG § 5 | 1st employee | €5,000–25,000 |
| Regular safety briefings | ArbSchG § 12 | 1st employee, at least 1x/year | up to €5,000 |
| Documentation of measures | ArbSchG § 6 | 1st employee | part of the basic obligation |
What Occupational Safety Actually Means
Note: This guide refers to German occupational safety law. Occupational safety (Arbeitsschutz) covers all measures for preventing workplace accidents and occupational illnesses, and for protecting health at work. It is legally anchored in the Occupational Safety Act (ArbSchG), the Occupational Safety and Health Act (ASiG), the DGUV regulations of the trade associations (Berufsgenossenschaften), and the Workplace Ordinance (ArbStättV).
At its core is the risk assessment: a systematic record of all hazards at every workplace — both physical (noise, machinery, ergonomics) and psychological (workload intensity, time pressure, social strain). Since 2013, the psychological risk assessment (GBPsych) has been explicitly anchored in § 5 ArbSchG and is mandatory for every employer — regardless of company size.
The STOP Principle: Order of Protective Measures
When risks are identified during the risk assessment, the ArbSchG prescribes a fixed hierarchy for protective measures — the STOP principle: Substitution (replace the hazard source) before Technical (technical safeguards) before Organizational (adjust work processes) before Personal (protective equipment as a last resort). Anyone who reaches directly for personal protective equipment without having examined technical or organizational alternatives is not acting in compliance with the law.
- Substitution: Replace hazardous substances/work methods
- Technical: Protective devices, ventilation, ergonomics at the workplace
- Organizational: Working hours, break arrangements, responsibilities
- Personal: Protective equipment — only once the three previous levels have been exhausted
Documentation Requirements and Common Mistakes
Risk assessments must be documented in writing — including the identification, evaluation, defined measures, and their effectiveness checks. During an inspection by the trade supervisory authority or the trade association (Berufsgenossenschaft), missing or outdated documentation is the most common reason for objections, regardless of whether actual working conditions are in order.
- Most common mistake: GBPsych was never conducted or is not documented
- Briefings without participant signatures — cannot be proven during an inspection
- Risk assessment not updated for years (e.g., after the introduction of remote work)
- Remote work locations are forgotten in the risk assessment
Key takeaways
- Under German law, risk assessment (physical + psychological) is mandatory from the 1st employee — no minimum threshold
- The STOP principle mandates the order of protective measures
- Documentation is the most common weak point during inspections, not actual working conditions
- Remote work locations are part of the risk assessment
- Fine range: €5,000–25,000 depending on the violation
Frequently asked questions
As a one-person business with employees, do I also need to conduct a risk assessment?+
Yes. Under German law, the obligation under § 5 ArbSchG applies from the first employee, regardless of company size. There is no minimum threshold.
Is a one-time risk assessment sufficient forever?+
No. It must be updated whenever relevant changes occur — new workplaces, new machinery, the introduction of remote work, or after a workplace accident. Absent a specific trigger, a regular review (typically every 1–2 years) is advisable.
What actually happens during an inspection without a documented risk assessment?+
The trade supervisory authority can impose a fine (€5,000–25,000 depending on severity) and set a deadline for completion. In the event of a workplace accident without a documented GBPsych, management's liability risk also increases due to organizational negligence.
Document Risk Assessments Audit-Proof
EasyBGM guides you through GBPsych, safety briefings, and documentation — including automatic deadline monitoring.
Sources
- § 5 ArbSchG — Assessment of Working Conditions ↗
- § 12 ArbSchG — Instruction/Briefing ↗
- BAuA — Risk Assessment of Psychological Strain ↗
Last updated: 2026-07-06. Not legal or tax advice — have your specific case reviewed by a professional.