
Occupational health and safety in the workplace is the totality of measures with which an employer ensures the safety and health of its employees at work. The Occupational Health and Safety Act (ArbSchG) defines "occupational health and safety measures" as measures for the prevention of accidents at work and work-related health hazards, including measures for the humane design of work (Section 2 (1) ArbSchG).
This results in three building blocks: preventing occupational accidents, preventing work-related health hazards – to physical as well as mental health – and the humane design of work itself. Occupational health and safety therefore does not end with accident prevention but includes ergonomics, work organization, and strain.
Occupational health and safety must be distinguished from related terms: occupational safety is a sub-area with a focus on accident prevention, whereas workplace health promotion refers to voluntary offerings by the employer. Statutory occupational health and safety under the ArbSchG, by contrast, applies to every employer and is not an optional extra but a basic duty.
In Germany, occupational health and safety rests on two foundations – often illustrated as "pillars" (a didactic model, not a statutory term). The first pillar is state occupational health and safety: the federal government and the states issue laws and ordinances such as the ArbSchG, the Workplace Ordinance (ArbStättV), or the Ordinance on Industrial Safety and Health (BetrSichV); supervision lies with the state authorities.
The second pillar is the autonomous law of statutory accident insurance: the professional associations (Berufsgenossenschaften) and accident insurance funds (Unfallkassen) under the umbrella of the German Social Accident Insurance (DGUV) issue their own regulations, rules, and information on the basis of SGB VII. Both pillars are interlinked via the Joint German Occupational Health and Safety Strategy (Section 20a ArbSchG).
How occupational health and safety is to be organized is set out in the general principles in Section 4 ArbSchG. Key guidelines are: combating hazards at their source wherever possible, taking into account the state of the art in technology and occupational medicine, and designing work in such a way that hazards to physical and mental health are avoided. Individual protective measures – such as personal protective equipment – are expressly subordinate to technical and organizational measures.
Specifically, under Section 3 ArbSchG, the employer must take the necessary measures, review their effectiveness, and adjust them. The methodological starting point is always the risk assessment: it determines which measures are necessary. An important instrument of implementation is the instruction of employees. In this way, assessment, measures, and information interlock.
Occupational health and safety is the comprehensive umbrella term for all measures that protect employees from accidents and work-related health hazards and design work in a humane way. Occupational safety is merely a technical and organizational sub-area of it, with a focus on accident prevention. Occupational health and safety goes further and additionally and expressly includes health protection, such as ergonomics and mental strain.
Under Section 3 ArbSchG, basic responsibility always lies with the employer: it must take the necessary measures, regularly review their effectiveness, and adjust them where necessary. It can delegate individual duties to reliable, competent persons, but overall responsibility remains with the employer. Employees also contribute and must observe the requirements and report hazards.
The dual system describes the two foundations of German occupational health and safety. The first pillar is state law with laws and ordinances such as the Occupational Health and Safety Act. The second pillar is formed by the autonomous law of the statutory accident insurance institutions under the umbrella of the DGUV, such as the DGUV regulations. The two levels complement each other and are interlinked via a joint strategy.
Note: "Pillars of occupational health and safety" is a didactic model, not a legal term. What is reliable is the structure of the dual system and the legal definition in Section 2 (1) ArbSchG. Image: AI-generated image (Bridgly image prompt), production pending – upon publication with the label "Created with AI" (Art. 50 EU AI Act).
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