See-Berufsgenossenschaft – Legal Foundations and Tasks
The See-Berufsgenossenschaft (See-BG) is an accident insurance institution in the field of maritime shipping in Germany. Until December 31, 2010, it was an independent public law corporation and is now integrated as the ‘Prevention and Maritime Supervision Service’ in the Berufsgenossenschaft Verkehrswirtschaft Post-Logistik Telekommunikation (BG Verkehr). The See-Berufsgenossenschaft fulfills essential tasks in the area of statutory accident insurance protection at sea and is governed by its own legal framework that takes into account the specific characteristics of maritime shipping in Germany.
Legal Status and Organizational Structure
Legal Classification
The See-Berufsgenossenschaft is part of the statutory accident insurance pursuant to Book VII of the Social Code (SGB VII). It is a public law corporation with self-administration. The legal provisions regarding its sphere of responsibility, its tasks, and its financing are primarily set out in SGB VII as well as in special statutory provisions for maritime shipping, in particular the Maritime Labour Act (SeeArbG) and the Seamen’s Act (former SeeArbG).
Integration into BG Verkehr
As part of the accident insurance reform, the See-Berufsgenossenschaft was integrated with effect from January 1, 2010, into the Berufsgenossenschaft für Transport und Verkehrswirtschaft (now BG Verkehr). Since then, its tasks have been carried out by the ‘Prevention and Maritime Supervision Service’ department. Its independent legal capacity was thus abolished, but its responsibilities remain within an organizationally autonomous unit within BG Verkehr.
Tasks and Responsibilities
Accident Insurance Coverage
The primary task of the See-Berufsgenossenschaft is to provide accident insurance protection for employees and contributing entrepreneurs working in German maritime shipping. Persons covered are, in particular, seafarers employed or working on German seagoing vessels, as well as their dependents. The insurance coverage includes occupational accidents, commuting accidents, and occupational diseases that arise in connection with maritime activities.
Prevention and Health Promotion
A key area of responsibility of the See-Berufsgenossenschaft is prevention. This includes promoting and monitoring occupational safety on board ships, developing technical and occupational health standards, and advising shipowners and masters. The See-Berufsgenossenschaft is authorized to issue binding accident prevention regulations and monitor compliance with these regulations through inspections and audits.
Benefits for the Insured
In the event of a claim, the See-Berufsgenossenschaft grants comprehensive benefits. These include, among others, medical treatment benefits, services for medical and occupational rehabilitation, as well as pension benefits due to reduced earning capacity or, in the case of death, for surviving dependents. The benefits are comprehensively regulated in SGB VII and are supplemented by special provisions in maritime law.
Supervision of Shipowners and Personnel Management
The See-Berufsgenossenschaft supervises the safety and occupational health management of shipping companies. It checks whether the organization on board complies with statutory and regulatory requirements, for example regarding crew size, occupational health care facilities, and emergency management.
Contributions and Financing
Assessment of Contributions
The financing of the See-Berufsgenossenschaft is provided by contributions from member companies, usually shipping companies based in Germany. The amount of the contribution depends on the risk class and the wage bill as well as the respective accident frequency and can be influenced by the claims history of the shipping company. Contributions are levied in accordance with the statutes and SGB VII.
Apportionment Procedure
Contributions are levied using the apportionment procedure, meaning that the costs incurred during a financial year are distributed among the members. The regulations for the contribution procedure are set out in §§ 152-176 SGB VII as well as in the statutes of the Berufsgenossenschaften.
Legal Particularities of Maritime Shipping
International Maritime Labour Law
The See-Berufsgenossenschaft operates not only nationally, but also due to international agreements and EU directives. Key legal bases here are the Maritime Labour Convention of the International Labour Organization (ILO) and corresponding provisions at European level, which have been transposed into German law. It monitors compliance with these international minimum standards for safety and health protection on German ships worldwide.
Special Features of Maritime Labour Law
In contrast to the inland Berufsgenossenschaft, specific rules apply to seafarers in certain matters. In particular, these include special provisions regarding working hours, rest periods, and welfare on board. These statutory special rules are necessary to address the particular strains and hazards at sea.
Social Law Inclusion of Seafarers
According to § 125 para. 1 sentence 1 SGB VII, seafarers generally fall within the area of responsibility of the See-Berufsgenossenschaft, provided they work on sea-going ships flying the German flag. In addition, foreign seafarers may also be included under certain conditions. Special regulations exist for seasonal, temporary, and guest workers on board German vessels.
Supervision, Legal Remedies, and Court Procedures
Supervision by the Federal Government
The See-Berufsgenossenschaft is subject to the legal supervision of the Federal Ministry of Labour and Social Affairs. This includes monitoring compliance with statutory and statutory provisions, as well as approval of amendments to the statutes and accident prevention regulations.
Legal Remedies and Legal Procedures
Objections can be filed against administrative acts of the See-Berufsgenossenschaft, such as assessment notices or decisions regarding insurance benefits, in accordance with the Social Code. If the objection is unsuccessful, the claimant may pursue legal action before the social courts, regional social courts, and the Federal Social Court.
Summary and Significance
The See-Berufsgenossenschaft plays a central role in protecting seafarers and preventing occupational accidents and diseases in the German maritime sector. As an accident insurance institution, it performs sovereign functions, has its own statutes and accident prevention regulations, and is embedded in both national and international legal structures. Its integration into BG Verkehr has strengthened the organization, while its special tasks for maritime shipping remain with specially responsible departments.
Bibliographical Reference:
- Legal bases: SGB VII, SeeArbG, ILO Maritime Labour Convention
- BG Verkehr: Articles and Accident Prevention Regulations
- BG Verkehr – Prevention and Maritime Supervision Service
This comprehensive presentation serves to classify and provide a detailed legal description of the term “See-Berufsgenossenschaft” in the German legal system.
Frequently Asked Questions
What legal obligations arise for shipowners from membership in the See-Berufsgenossenschaft?
Shipowners who are members of the See-Berufsgenossenschaft (SBG) are subject to numerous statutory obligations. Their main duties include, in particular, registering all employed seafarers, including trainees, captains, and any other persons working on board, with the SBG. Registration must be carried out without delay after commencement of employment in accordance with § 140 SGB VII. They are also required to pay the statutory contributions (§ 150 SGB VII) for accident insurance to the SBG by the deadline. They must provide all documents necessary for the calculation of contributions, such as payroll statements and crew lists, in full and make them available on request (§ 166 SGB VII). In addition, there is an obligation to report occupational accidents, occupational diseases, or special incidents on board (§ 193 SGB VII). Violations of these duties can result not only in back payments and fines, but in some cases even criminal consequences.
How is the legal responsibility of the See-Berufsgenossenschaft regulated in relation to other accident insurance providers?
The legal responsibility of the See-Berufsgenossenschaft is expressly regulated in Book VII of the Social Code (SGB VII). The SBG is solely responsible for implementing the statutory accident insurance for persons employed in maritime shipping (§ 125 SGB VII). This includes seafarers and other persons employed on German vessels. For employees in other fields, such as dock workers not directly employed on ships, the respective regionally responsible trade Berufsgenossenschaft is responsible. In cases of business structures where it is unclear whether an activity falls under maritime shipping, responsibility is determined based on the main focus of work and specific areas of deployment. In case of dispute, a formal determination of jurisdiction can be imposed by Deutsche Gesetzliche Unfallversicherung (DGUV).
Who is legally required to pay contributions to the See-Berufsgenossenschaft and how is the contribution amount determined?
Only companies that operate vessels and employ persons obliged to be insured pursuant to § 2 para. 1 no. 1 SGB VII are legally required to pay contributions to the SBG. The calculation of contributions is based on the total wage sum and the risk class, which is determined based on the type of business and associated risks. The SBG is authorized by SGB VII to issue assessment notices, which constitute administrative acts and can be contested (§ 168 SGB VII). The contributions are set so that they cover all expenses for insurance benefits, administration, and other statutory expenditures of the SBG.
What legal claims do seafarers have in the event of an occupational accident or disease against the See-Berufsgenossenschaft?
In the event of an occupational accident or upon proof of an occupational disease, seafarers enjoy extensive legal protection. According to SGB VII, the SBG is obligated to grant all justified claims, in particular medical treatment, injury benefit, injury pension, as well as benefits for participation in working life (§§ 26 ff. SGB VII). In the event of death, surviving dependents are entitled to survivor’s pension and repatriation costs (§ 63 SGB VII, § 64 SGB VII). Claims against the SBG exist regardless of any possible fault on the part of the shipowner, provided that the accident is connected to seafaring. The right to legal recourse against decisions by the SBG is via the social courts as per § 51 SGG.
What legal options do members or insured persons have to appeal decisions by the See-Berufsgenossenschaft?
Members or insured persons who disagree with a decision by the SBG – for example, an assessment notice or the rejection of benefits – have the right to file an objection within one month of receipt of the administrative act (§ 84 SGG). The SBG will then review its decision within the objection procedure. If the objection is rejected, a complaint may be filed with the competent social court within one month (§ 87 SGG). The appeal has a suspensive effect, so that enforcement measures by the SBG are generally not allowed until the legal dispute is concluded. In urgent cases, interim legal protection under §§ 86b, 123 SGG is available.
What monitoring and control rights does the See-Berufsgenossenschaft have by law?
The SBG is legally authorized, as part of its duties, to carry out inspections on board German vessels (§ 17 SGB VII). This concerns compliance with occupational health and safety regulations as well as accident prevention regulations according to the Accident Prevention Regulations for Maritime Shipping (UVV-See). The SBG may send representatives to inspect business premises, review documents, and request information. Affected companies are obliged to provide the necessary support and grant access. In case of violations, the SBG may issue directions and impose fines (§ 209 SGB VII).
