Arbeitsschutz (occupational health and safety) is the employer's statutory duty to protect employees' safety and health at work (ArbSchG). Its core is the risk assessment (Gefährdungsbeurteilung) under § 5 ArbSchG, which also covers psychological strain, supplemented by instruction (Unterweisung, § 12) and occupational-physician and safety-specialist support under the ASiG. It interlocks closely with the statutory accident insurance (Berufsgenossenschaften, DGUV); responsibility stays with the employer and breaches can trigger fines.
At a glance
- The employer carries the basic duty for safety and health protection (§ 3 ArbSchG)
- The core tool is the risk assessment (Gefährdungsbeurteilung) under § 5 ArbSchG, which expressly also covers psychological strain
- Employees must be instructed (Unterweisung) before starting work and regularly thereafter
- Occupational-physician and safety-specialist support must be provided under the Arbeitssicherheitsgesetz (ASiG)
- Occupational safety interlocks closely with the statutory accident insurance (Berufsgenossenschaften, DGUV rules)
- Breaches can trigger fines and, in cases of intentional endangerment, criminal liability
Duties and responsibility
- Risk assessment (Gefährdungsbeurteilung): systematically identify hazards, define measures, review their effectiveness, and document everything (§ 5 ArbSchG)
- Instruction (Unterweisung): understandable information on safety and health, adapted to the task and to changing hazards
- Support: appoint company doctors (Betriebsärzte) and occupational safety specialists (Fachkräfte für Arbeitssicherheit) under the ASiG
- Responsibility: stays with the employer even when tasks are delegated; authorities and accident insurers monitor compliance
FAQ
Does occupational safety also cover psychological strain?
Yes. The risk assessment under § 5 ArbSchG must expressly include psychological strain (psychische Belastung) at work, for example from work organization, working time, or social relationships in the workplace.
Who monitors compliance?
Two systems work together: the state occupational-safety authorities of the Länder (Gewerbeaufsicht) and the statutory accident insurance with the Berufsgenossenschaften and their DGUV rules.
What are the consequences of breaches?
Administrative offences can be punished with fines; intentional endangerment of life or health can also constitute a criminal offence. Liability and insurance consequences may be added.
Does occupational safety apply in the home office?
In principle yes. The employer remains responsible for health protection but has limited ability to inspect the home environment. The scope depends on whether formal teleworking (Telearbeit) or mobile working is agreed.
Last updated: August 2026
This article provides general information and is not a substitute for legal advice in individual cases.
