Definition and Significance of Operational Safety
In German law, operational safety refers to the entirety of all measures and conditions that ensure the safe operation of equipment and installations within a company. It is a central component of occupational health and safety and includes requirements for health protection, accident prevention, and the safety of the technical work equipment used. Operational safety applies to all technical systems, installations, and devices that are used in the context of business activities.
Legal Basis of Operational Safety
Occupational Health and Safety Act (ArbSchG)
The Occupational Health and Safety Act sets out the fundamental requirements for the safety and health protection of employees at work. Within the scope of operational safety, it obligates employers to take measures that ensure the safety and health of their employees. This particularly includes the assessment of hazards and the selection of suitable work equipment.
Ordinance on Industrial Safety and Health (BetrSichV)
The Ordinance on Industrial Safety and Health is the most important specific legal regulation regarding operational safety in Germany. It concretizes the requirements of the Occupational Health and Safety Act for the provision and use of work equipment as well as for the operation of installations requiring monitoring.
Scope of Application of the BetrSichV
The Ordinance on Industrial Safety and Health applies to all work equipment provided to employees at work. This covers machines, tools, plants, installations, and systems requiring monitoring, such as pressure systems and elevators.
Employer Obligations
- Hazard Assessment: Employers are obliged to carry out a hazard assessment before the use of work equipment (§ 3 BetrSichV).
- Derivation and implementation of appropriate protective measures based on the identified risks.
- Regular inspection and maintenance of work equipment.
- Documentation obligations with regard to safe operation (e.g., inspection records, operating instructions).
Other Relevant Regulations
In addition to the Occupational Health and Safety Act and the Ordinance on Industrial Safety and Health, there are numerous other regulations imposing requirements for operational safety, including:
- Accident prevention regulations of the professional associations (DGUV Regulations)
- Product Safety Act (ProdSG)
- Hazardous Substances Ordinance (GefStoffV) and Technical Rules for Hazardous Substances (TRGS)
- Technical Rules for Operational Safety (TRBS)
Core Content Requirements for Operational Safety
Hazard Assessment
The hazard assessment forms the core of operational safety. It serves the systematic identification and evaluation of all health and safety risks associated with the operation of work equipment. The results of the hazard assessment must be documented and continuously reviewed.
Protective Measures and Organization
The hazard assessment determines the necessary measures to ensure operational safety. These include:
- Technical protective measures (e.g., safety devices on machines)
- Organizational measures (e.g., instruction and training of employees)
- Personal protective equipment (PPE)
- Conducting regular inspections and maintenance work
Inspections and Controls
Certain work equipment and installations are subject to defined inspection intervals and procedures:
- Periodic inspections by competent persons, especially for installations requiring monitoring (§ 14 BetrSichV)
- Visual inspections and functional checks during ongoing operations
- Records of inspections and identified deficiencies
Operational Safety for Installations Requiring Monitoring
Installations requiring monitoring, such as pressure vessels, elevator systems, or installations for the storage of hazardous substances, are subject to special legal regulations. They must often be inspected by so-called competent persons or recognized inspection bodies. Compliance with these regulations must be documented on a regular basis.
Liability and Sanctions Related to Operational Safety
Responsibility
Employers bear the primary responsibility for operational safety. They are liable, in the event of non-compliance with legal regulations, under civil law and possibly criminal law. Employees are required to observe the measures taken and to report any deficiencies.
Administrative Offenses and Sanctions
Violations of the provisions of the Ordinance on Industrial Safety and Health and other relevant regulations may be penalized with fines. In severe cases, criminal consequences may also ensue, for example in cases of bodily injury or negligent manslaughter resulting from inadequate operational safety.
Significance of Operational Safety for Company Practice
Consistent implementation of operational safety not only minimizes the risk of accidents and health hazards in the workplace but also fulfills legal requirements. Furthermore, it helps avoid economic damages, production downtimes, and reputational damage.
Further Reading and Standards
Important standards and regulations relating to operational safety include, among others:
- DIN EN ISO 12100 (Safety of machinery – General principles for design and risk assessment)
- Technical Rules for Operational Safety (TRBS)
- DGUV regulations and information sheets
Weblinks
- Ordinance on Industrial Safety and Health
- Federal Institute for Occupational Safety and Health (BAuA) – Operational Safety
Summary: Operational safety is a central component of occupational health and safety law and comprises statutory, technical, and organizational requirements. Employers are obliged, through comprehensive hazard assessments, appropriate protective measures, and regular inspections, to ensure the safe and trouble-free operation of work equipment and installations. Violations of operational safety regulations may result in significant legal and economic consequences and pose a serious threat to human life.
Frequently Asked Questions
What legal obligations does the employer have with regard to operational safety?
According to the Occupational Health and Safety Act (ArbSchG), the Ordinance on Industrial Safety and Health (BetrSichV), and other occupational health and safety regulations, employers are obligated to ensure the safety and health protection of employees at work. This particularly includes the obligation to conduct a hazard assessment under § 3 BetrSichV, on the basis of which appropriate protective measures must be taken. The employer must also ensure that work equipment is regularly inspected, maintained, and only operated by qualified personnel. He must create operating instructions, establish and ensure safe working environments, and provide employees with appropriate instruction. If the employer fails to fulfill these obligations, civil, regulatory, or even criminal consequences may result.
How is the inspection of operational safety regulated by law?
The inspection of operational safety is governed in detail by the Ordinance on Industrial Safety and Health (BetrSichV). It stipulates that certain work equipment and installations (for example, elevators, pressure systems, electrical equipment) must be inspected by a competent person before initial commissioning and at regular intervals thereafter (Tip: often experts under § 14 BetrSichV). The inspection intervals depend on the specific hazard potential and are often determined by operating instructions, regulations of accident insurance institutions, or specific technical rules (TRBS). Evidence of the inspections carried out must be provided and retained. Failure to comply with inspection obligations constitutes an administrative offense and can result in fines.
What sanctions can arise from violations of legal provisions on operational safety?
If the legal requirements for operational safety are not adhered to, employers may face significant sanctions. Under the Occupational Health and Safety Act and the Ordinance on Industrial Safety and Health, supervisory authorities may impose measures on the operator up to and including cessation of operations. Administrative offenses are sanctioned by fines, and in the case of serious or repeated violations, criminal consequences may also be possible (e.g., in the event of health damage or death resulting from inadequate protective measures). In the case of personal injury, companies or the responsible employer can also be held civilly liable for damages and compensation for pain and suffering.
How is the liability of managers and appointed persons regulated by law?
The responsibility for compliance with operational safety generally lies with the employer or the company owner. However, through formal delegation of duties under § 13 ArbSchG and § 13 DGUV Regulation 1, tasks and responsibilities may be transferred to managers or appointed persons. The delegation must be made in writing and clearly defined. Nevertheless, the employer remains responsible for supervision and selection of suitable persons. In the event of a breach of duty, not only the appointed persons but also the employer may be held accountable if they have neglected their monitoring or selection obligations.
What legal requirements exist for the documentation of operational safety?
Legal provisions require employers to comprehensively document key measures concerning operational safety. This particularly affects the implementation and results of hazard assessments, inspection records for work equipment, instruction sessions, and operating instructions. Retention periods depend on the respective regulations; for example, inspection documentation is usually to be kept at least until the next inspection, but often much longer for evidentiary purposes. Documentation serves not only for internal company control but may also be required by authorities or in the event of liability claims. Incomplete documentation may be regarded as evidence of deficient organization and can be punishable by fines.
To what extent must the employer instruct employees, and how is this defined by law?
The obligation to provide instruction is clearly anchored in § 12 ArbSchG as well as in the BetrSichV. Employers must instruct their employees before commencing work and subsequently on a regular basis—at least annually—as well as on an occasion-related basis (e.g., after accidents, changes in work equipment or processes) on all relevant topics regarding operational safety and provide training. The content of the instruction must be tailored to the workplaces, activities, and hazard potentials. Conducting the instruction must also be documented and confirmed by those instructed. Inadequate or undocumented instruction constitutes a violation of statutory duties and may have legal consequences in the event of damage.
How are the works council’s co-determination rights legally defined in the context of operational safety?
According to the Works Constitution Act (BetrVG), particularly § 87 Section 1 No. 7, the works council has a co-determination right regarding regulations on employee health protection in the workplace, which includes operational safety. The employer is obligated to involve the works council when introducing or amending technical, organizational, or personal measures for employee protection. The works council must be involved in conducting hazard assessments, determining training content, or introducing new work equipment, and may refer disagreements to the conciliation committee. Decisions taken without the involvement of the works council may, in extreme cases, be invalid and lead to employment law disputes.
