Occupational Safety and Health II - Risk Assessment: Fundamentals and Requirements

Risk Assessment – the central instrument of preventive OSH

How can the works council ensure that risk assessment is carried out properly – and what levers does it have when the employer fails to act? Which hazards must be assessed, and how do physical-technical risks differ from psychosocial ones?

This training builds on the foundations covered in OSH 1 and focuses on the risk assessment (Gefährdungsbeurteilung) as the core instrument of preventive occupational safety and health. Participants will gain the knowledge and practical tools needed to actively shape and monitor the risk assessment process in their company – including both physical-technical and psychosocial hazards, which have been a mandatory component of the risk assessment under the Occupational Safety and Health Act (ArbSchG) since 2013.

Risk assessment as a statutory duty

Under Sec. 5 ArbSchG, employers are required to assess the hazards associated with all work activities and to derive and implement appropriate preventive measures. The risk assessment must cover the full range of potential hazards – from physical loads, noise, chemical substances and workplace design to working time arrangements, work organisation and, explicitly, psychosocial stressors. The works council has mandatory co-determination rights in this process under Sec. 87 (1) No. 7 WCA and can exercise an initiative right to demand that a risk assessment be carried out or updated.

Risk categories and co-determination in occupational safety

The training gives an overview of the main hazard categories at the workplace: physical-technical risks (mechanical, noise, vibration, climate, lighting, ergonomics, hazardous substances) and psychosocial hazards (workload, time pressure, lack of autonomy, social conflicts, permanent availability). Participants get familiar with the relevant legal framework (ArbSchG, ArbStättV, BetrSichV, Technical Rules).

Our training covers the following topics:

• Legal basis and procedural requirements for risk assessment under the ArbSchG
• The seven-step process of risk assessment
• Overview over physical-technical hazards and psychosocial hazards
• Co-determination and participation rights of the works council in the risk assessment process
• Developing and negotiating works agreements on risk assessment
• Monitoring the implementation of protective measures

Detailed Training Contents

1. Legal framework and procedural requirements

• The risk assessment as a statutory duty: Sec. 5 ArbSchG
• Scope: which work activities and workplaces must be covered?
• Documentation requirements (Sec. 6 ArbSchG)
• Relationship to the Workplace Ordinance (ArbStättV), the Ordinance on Industrial Safety and Health (BetrSichV) and other OSH publications
• The seven-step process of risk assessment

2. Physical-technical and psychosocial hazards (introduction)

• Overview of key riskcategories: physical-technical (e.g. mechanical, noise, climate) and psychosocial (e.g. workload, autonomy, social relationships)
• Legal basis for both risk categories in the risk assessment
• Introduction to assessment criteria, methods, and protective measures

3. Co-determination and participation rights of the works council

• Mandatory co-determination in the design and implementation of the risk assessment (Sec. 87 (1) No. 7 WCA)
• Initiative right of the works council: demanding a risk assessment or its update
• Monitoring the implementation of protective measures (Sec. 89 WCA)
• Works agreements on risk assessment: content, scope and negotiation strategies
• Enforcement options: conciliation committee and jurisdiction