BGM Compliance Audit

BGM Compliance Audit: How Does the German Labor Inspectorate Check Your Company?

Note: based on German law. In a BGM audit, labor inspectors mainly check GBPsych documentation (Sec. 5 ArbSchG), BEM records (Sec. 167 SGB IX), and action logs. Missing GBPsych documentation risks fines up to €30,000.

What the labor inspectorate specifically checks

Audit point	Documentation requirement	Fine if missing
GBPsych in place	Written documentation of the psychosocial risk assessment per job group	Up to €30,000 (Sec. 25 ArbSchG para. 1 no. 2)
GBPsych up to date	Date of last assessment, proof of update after material changes to working conditions	An outdated GBPsych counts as no GBPsych at all from the authority's perspective
Actions from GBPsych	Documentation of which measures were derived from the assessment and implemented	Missing follow-up on measures → correction order issued + re-inspection
BEM process	Proof that BEM invitations were sent at ≥42 sick days + response documented	No direct fine, but termination becomes contestable (BAG 7 AZR 698/14)
Works council involvement	Where a works council exists: proof of co-determination under Sec. 87 para. 1 no. 7 BetrVG	Missing co-determination = GBPsych formally invalid

How Does an Occupational Health and Safety Audit Work in Practice?

Note: this reflects German law and labor inspection practice. Occupational health and safety audits by the labor inspectorate (state occupational safety offices, trade supervisory offices) are, in most German states, triggered by specific events — a complaint, an accident, an anonymous report, or as part of industry-wide programs. Among mid-sized companies, roughly 5–10% of businesses are visited every 5–7 years.

The process: advance notice (usually 1–2 weeks ahead, though sometimes unannounced), on-site document review (risk assessments, operating instructions, GBPsych documentation, BEM records), and a discussion with management/HR and selected employees. This is followed by a written inspection report listing deficiencies and deadlines for correction.

What must be produced immediately: (1) the current risk assessment for all job groups, including GBPsych. (2) The action plan from the last assessment plus proof of implementation. (3) Training records from the last 12 months. If these are not produced within a few days, it counts as refusal — a fine proceeding is initiated.

Important: authorities don't assess whether the GBPsych is 'good' — only whether it took place and was documented. A formally correct but methodically thin GBPsych will pass inspection better than an undocumented in-depth analysis that was only done verbally.

5 Common BGM Compliance Mistakes That Stand Out in Audits

**Mistake 1: GBPsych conducted but not documented in writing.** 'We did that last year' without a document doesn't count. The labor inspectorate only accepts written records — date, method, job groups, results, measures. Verbal assurances carry zero evidentiary value.

**Mistake 2: GBPsych outdated with no reassessment.** After material changes to working conditions (digitalization, new shift models, remote work, restructuring), the GBPsych must be updated. A GBPsych from 2019 with no post-pandemic update is, in many companies, effectively obsolete.

**Mistake 3: GBPsych only for office staff, not production/field staff.** The obligation applies separately to each job group — not to 'the company as a whole.' A logistics company needs a separate GBPsych for drivers, warehouse staff, dispatch, and administration. If individual groups are missing, the GBPsych is incomplete.

**Mistake 4: Forgetting BEM invitations.** The 42-day rule counts cumulatively over 12 months — not consecutively. Without a tracking system, companies routinely miss the invitation obligation. In an illness-related termination case, the labor court checks whether BEM was offered — without proof, the termination is invalid (per German Federal Labor Court rulings).

**Mistake 5: Follow-up on measures not documented.** The GBPsych is not a closing document but an ongoing process. Once a need for action has been identified, companies must document whether and how it was addressed. 'Problem identified, nothing done' is worse than no GBPsych at all — it proves both awareness and inaction.

5-Point Self-Check: Audit-Ready in One Day

**Step 1 — GBPsych inventory (30 minutes).** Open your filing system and search for 'risk assessment' or 'GBPsych.' Is there a document? If not: prioritize it immediately. If yes: check the date (no older than 3 years without material change), whether all job groups are covered, and whether measures were documented.

**Step 2 — Close the action gap (if needed).** If the GBPsych exists but follow-up on measures is missing: write a 1-page memo today (date, need for action from the GBPsych, measure, person responsible, completion date). That's enough as proof — it doesn't need to be a perfect concept.

**Step 3 — Check BEM status (15 minutes).** Were there employees with ≥42 cumulative sick days in the last year? If yes: were BEM invitations sent and the response documented? If no or unclear: set up a BEM process immediately (written invitation template + filing system for responses).

**Step 4 — Ensure works council involvement (if applicable).** If your company has a works council, the GBPsych must have taken place with its involvement (Sec. 87 para. 1 no. 7 BetrVG). Get this confirmed in writing — a short meeting record is sufficient.

**Step 5 — Set up digital filing.** Store everything paperless, searchable, with dates and version numbers. During an audit, documents must be produced within minutes. Spending 30 minutes searching makes a poor impression — even if all the documents actually exist.

Related measures & topics

Key takeaways

Note: applies to German law. The labor inspectorate checks: GBPsych documentation, currency, follow-up on measures, BEM invitations
If it can't be shown, it doesn't exist — verbal statements don't count
5-point self-check achievable in 1 day — priority: GBPsych document + BEM records
Works council must be involved in the GBPsych — without proof, it's formally invalid
Digital filing saves hours if it comes down to it — and makes a better impression on the authority

Frequently asked questions

How often does the labor inspectorate check BGM obligations?+

Usually every 5–7 years, with more frequent checks triggered by specific events (complaints, accidents). Industry-wide programs can lead to more frequent inspections — for example in nursing care, construction, or retail. Unannounced inspections are rare but permitted. In practice, most site visits are announced 1–2 weeks in advance.

What happens if the labor inspectorate finds a deficiency?+

The inspector writes an inspection report listing the deficiencies found and sets deadlines for correction (usually 4–8 weeks). If a follow-up inspection finds the deficiencies unchanged, formal fine proceedings follow. For serious deficiencies (e.g., a completely missing GBPsych at a high-risk company), an immediate fine can also be imposed. Shutting down operations over BGM deficiencies is extremely rare — the goal is compliance, not punishment.

Do I need to hire an external BGM provider for the audit?+

No. The labor inspectorate checks whether your obligations are met — not how. You can conduct the GBPsych internally (with managers and employees), use digital BGM software, or hire external consultants. The documentation must be accurate and complete. What matters is the outcome, not the path. Important: if you hire external consultants, keep the documentation yourself — the responsibility lies with you, not the consulting firm.

How long must BGM records be retained?+

GBPsych documentation should be kept for at least as long as the working conditions it relates to remain in effect — in practice at least 5 years, with 10 years recommended (analogous to statutory employment-law retention periods). BEM records: for the duration of the employment relationship plus 3 years (statute-of-limitations periods for unfair dismissal claims). GDPR deletion obligation: BEM records of departed employees must be deleted after 3 years.

BGM Audit-Ready in 1 Day — Automatically

EasyBGM creates structured GBPsych documentation, automatically monitors BEM deadlines, and exports audit reports at the click of a button.

Try EasyBGM for Free BGM Compliance Check

Sources

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

Psych Risk Assessment for SMEsDoes a small or mid-sized business (SME) have to conduct a risk assessment for psychological workload?Management Liability in BGMWhat BGM duties does company management have — and what happens if they're violated?BEM 42-Day DeadlineBEM After 42 Days: When Exactly Must the Employer Offer the Meeting?