Management Liability in BGM

What BGM duties does company management have — and what happens if they're violated?

Note: this reflects German law. Under ArbSchG § 3, management is personally responsible for risk assessments, BEM offers (SGB IX § 167), and safe work design. Violations risk fines up to €30,000, recourse claims, and reputational damage.

Management's BGM duties at a glance

Duty	Legal basis	Sanction for violation
Risk assessment (incl. psychological strain)	ArbSchG § 5	Fine up to €5,000 per workplace (ArbSchG § 25)
BEM offer after ≥ 6 weeks of sick leave	SGB IX § 167 (2)	Weakened protection against dismissal, recourse risk
Establish ASA (occupational safety committee) from 20 employees	ASiG § 11	Fine up to €2,500 (ASiG § 20)
Document organizational duty / delegation	OWiG § 130	Fine up to €1 million for breach of supervisory duty
Conduct and document safety briefings	ArbSchG § 12	Fine, increased liability in case of accident

What management personally owes — and what can be delegated

Under German law (ArbSchG), the Occupational Health and Safety Act applies to employers — for corporations, that means management personally. The duty is not merely to 'enable' BGM (workplace health management), but to actively organize it: commissioning risk assessments, documenting results, implementing measures, and monitoring their effectiveness (PDCA cycle per ArbSchG § 3 (1)).

Execution can be delegated — responsibility cannot. Anyone who transfers occupational safety tasks to managers must name the delegates in writing, provide them the necessary resources and authority, and monitor their work. Without oversight, management remains liable under OWiG § 130 despite formal delegation.

BEM (workplace reintegration management) is mandatory after 6 weeks of sick leave within 12 months — regardless of company size. A missing BEM offer makes a health-related termination nearly indefensible before a German labor court, because the employer then has to prove that even a BEM process would not have prevented the termination.

Liability risks in concrete terms

Fines under ArbSchG § 25 can reach €5,000 to €30,000 depending on the violation — and even more for repeated violations. The trade association (Berufsgenossenschaft) can impose contribution surcharges (SGB VII § 162) if the accident rate is above average and no documented BGM system exists.

Recourse claims threaten after workplace accidents or occupational illnesses if management acted with gross negligence (SGB VII § 110). Courts have in individual cases garnished management salaries or affirmed personal liability for damages.

Reputational damage is the hardest risk to quantify: public employer reviews (Kununu, LinkedIn) react sensitively to disclosed occupational safety shortcomings. In industries facing a shortage of skilled workers, this can directly increase recruiting costs.

Checklist: 5 measures management can implement today

Commission and document a risk assessment — including for office and home-office workplaces (psychological strain has been a mandatory component since 2013, ArbSchG § 5 (3) No. 6)
Anchor the BEM process in writing — invitation template, meeting record template, documentation requirement for every step. Document any refusal by the employee.
Establish an ASA (from 20 employees) or anchor an equivalent safety-committee function in smaller companies — involve the company doctor, safety specialist, and works council (if one exists).
Schedule safety briefings on a calendar — annually per employee, immediately for new hazards. Have attendance signed off.
Set up a BGM steering group — even in small companies, a monthly 30-minute meeting with HR and a management representative is enough to steer measures and track metrics (sick-leave rate, BEM rate).

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Related measures & topics

Key takeaways

Note: this reflects German law — management is personally liable for occupational safety; delegation does not protect against the supervisory duty (OWiG § 130)
BEM after 6 weeks of sick leave is mandatory, regardless of company size
Missing documentation is the biggest liability risk — not the missing measure itself
Establish an ASA from 20 employees — anchor an equivalent safety function in smaller companies
A BGM steering group makes compliance visible and measurable

Frequently asked questions

Does the BEM obligation also apply to companies with fewer than 20 employees?+

Yes. SGB IX § 167 (2) does not tie the BEM obligation to a minimum company size. Even a company with 5 employees must offer a BEM conversation to any employee who has been unable to work for a total of six weeks within 12 months.

What happens if an employee declines the BEM offer?+

The employer is in the clear — provided the refusal is documented in writing. The refusal must be voluntary and informed: the employee must have been informed about the purpose, process, and their rights (no disadvantage from declining).

Can management fully transfer occupational safety duties to the HR director?+

No — full transfer of liability is not possible. Management remains subject to the supervisory duty (OWiG § 130). Effective delegation requires written assignment, sufficient resources, and regular monitoring of the delegated tasks.

What penalties specifically threaten for a missing risk assessment?+

The occupational safety authority (trade supervisory office / DGUV) can impose fines under ArbSchG § 25 of up to €5,000 per affected workplace. For repeated violations or gross negligence, higher amounts and criminal relevance are possible.

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Sources

Last updated: 2026-06-24. Not legal or tax advice — have your specific case reviewed by a professional.

BEM Process ExplainedHow does the Workplace Reintegration Management (BEM) process work — step by step?ASA: Requirements & MinutesHow often must the ASA (occupational safety committee) meet — and what has to go into the minutes?Psych Risk Assessment for SMEsDoes a small or mid-sized business (SME) have to conduct a risk assessment for psychological workload?