Begriffe und Symbole aus dem Bereich Arbeitssicherheit
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Occupational health and safety includes measures and procedures to prevent accidents at work and to protect against work-related hazards to the health and/or safety of employees, students and guests.
The overarching objectives are therefore the humane organisation of work and the workplace as well as the comprehensive protection of the health of employees, students and guests.

In Germany, the Act on the Implementation of Occupational Health and Safety Measures to Improve the Safety and Health Protection of Employees at Work - in short: Occupational Health and Safety Act [ArbSchG] - contains the legal framework for occupational health and safety. Among other things, it contains the basic obligations of the employer as well as the rights and obligations of employees.

The legal framework of the Occupational Health and Safety Act is supplemented and concretised by a series of special laws and ordinances at federal level.
These include in particular

The BTU is legally obliged to make certain occupational health and safety laws and regulations publicly accessible in the company (e.g. by posting them) in order to inform employees of their rights and obligations. The laws that must be posted can be found here.

Duties in occupational health and safety

The employer's obligations are fundamentally regulated in Sections 3 to 14 ArbSchG.

According to Section 3 (1) sentence 1 ArbSchG, the employer's basic obligation is to take the necessary occupational health and safety measures, taking into account the respective circumstances that affect the safety and health of employees at work. To this end, the employer must carry out an assessment of the working conditions and the hazards associated with the employees' work (the so-called risk assessment) in order to determine which occupational health and safety measures are necessary in his company (see Section 5 (1) ArbSchG).

The employer must then check the effectiveness of the measures he has taken and, if necessary, adapt them if the circumstances and conditions change (cf. Section 3 (1) sentence 2 ArbSchG).

In addition, the employer has a documentation obligation (cf. Section 6 ArbSchG), i.e. he must have the necessary documents at his disposal.

 

The obligations of employees are fundamentally regulated in §§ 15 f. ArbSchG. The ArbSchG uses the very broad term "employees", which in addition to employees also includes, for example, trainees, civil servants and other public sector employees (see Section 2 (2) Nos. 1 to 7 ArbSchG).

According to Section 15 (1) sentence 1 ArbSchG, employees are initially obliged to ensure their health and safety at work within the scope of their capabilities and in accordance with the employer's instructions and other directives. The same applies to the safety and health of persons who are affected by the actions or omissions of employees at work; in this respect, they have a special duty of consideration and caution towards others (see Section 15 (1) sentence 2 ArbSchG). In particular, employees have a duty to use machines, equipment, tools, working materials, means of transport and other work equipment as well as protective devices and personal protective equipment provided to them as intended (see Section 15 (2) ArbSchG).

In accordance with Section 16 ArbSchG, employees also have special support obligations. This includes, for example, an immediate obligation to report to the employer or the responsible supervisor if they notice any immediate significant risks to health and safety or defects in the protective systems (see Section 16 (1) ArbSchG).