Obligations by Company Size

Which BGM obligations apply at each company size?

Note: this overview reflects German law. A risk assessment, occupational safety specialist, company physician, first aiders, and BEM already apply from the 1st employee. At 20 employees, an occupational safety committee (ASA) and safety officers are added; at 50, a representation for severely disabled employees may apply.

BGM obligations by threshold

From how many employees	Additional obligation	Legal basis
1	Risk assessment, occupational safety specialist (FASi), company physician, first aiders, safety briefings, BEM (from 42 days of incapacity to work)	ArbSchG, ASiG, DGUV V1, SGB IX § 167
5	Works council can be elected, co-determination on health matters	BetrVG § 87
20	Occupational safety committee (ASA, at least 4x/year), safety officers (~1 per 20 employees)	ASiG § 11, DGUV V1 § 20
50	Representation for severely disabled employees (if severely disabled staff are present), expanded documentation obligations	SGB IX

From 1 employee: the baseline obligations

As soon as a company employs its first person, the core occupational health and safety obligations under German law apply in full — there is no minimum-size exemption. These include the risk assessment (physical and psychological), appointing an occupational safety specialist and a company physician, sufficiently trained first aiders, regular safety briefings, and the obligation to offer BEM (company reintegration management) once an employee has been unable to work for 42 days within twelve months.

From 5 employees: co-determination becomes relevant

Once a company has five or more employees eligible to vote, a works council can be elected. As soon as a works council exists, its co-determination rights under Section 87 of the German Works Constitution Act (BetrVG) apply, including on occupational health matters — BGM measures should then be coordinated with the works council early on.

From 20 employees: structured organization becomes mandatory

From 20 employees, an occupational safety committee (ASA) must be established, meeting at least quarterly and consisting of the employer, the occupational safety specialist, the company physician, safety officers, and — if one exists — the works council (ASiG Section 11). In parallel, safety officers must be appointed, with a rule of thumb of roughly one person per 20 employees (DGUV Regulation 1, Section 20).

Key takeaways

Note: these obligations are based on German law. Core obligations (risk assessment, occupational safety specialist, company physician, BEM) apply from the 1st employee
From 5 employees: works council can be elected, co-determination under Section 87 BetrVG becomes relevant
From 20 employees: occupational safety committee and safety officers are mandatory
From 50 employees: possible representation for severely disabled employees and expanded documentation obligations

Frequently asked questions

Do part-time employees and temporary workers count toward the headcount?+

In principle, every employee counts regardless of working hours — for certain thresholds (e.g., works council elections), part-time staff may be counted on a pro-rata basis. When in doubt, check with the responsible trade association (Berufsgenossenschaft) or a specialized attorney.

What happens if we exceed the 20-employee threshold and don't set up an ASA?+

This is a violation of ASiG Section 11 and can result in a fine of €2,500–10,000, in addition to the lack of structured coordination among occupational safety stakeholders.

Does the BEM obligation also apply to very small companies?+

Yes, offering BEM is mandatory from the first employee onward, regardless of company size, as soon as the 42-day threshold within twelve months is reached.

Keep track of obligations by company size automatically

EasyBGM identifies which thresholds are relevant for you and reminds you of upcoming obligations.

Try EasyBGM for free

Sources

Last updated: 2026-07-06. Not legal or tax advice — have your specific case reviewed by a professional.

ASA: Requirements & MinutesHow often must the ASA (occupational safety committee) meet — and what has to go into the minutes?Management Liability in BGMWhat BGM duties does company management have — and what happens if they're violated?