This includes, among other things, an examination of the performance of the risk assessment and documentation and whether the occupational health and safety specialists and company physicians required by the Occupational Physicians, Safety Engineers and Other Occupational Safety Specialists Act (ASiG) have been appointed in the companies and whether they fulfill their obligations specified in the ASiG and provide their deployment times.
The employer is obliged to take into account requirements of the Occupational Health and Safety Act (ArbSchG) regarding the organization of his company's occupational health and safety system. Core elements are:
- Responsibility and assignment of tasks
- Control of occupational safety tasks and duties
- Company medical and safety supervision, occupational health and safety committee
- Ensuring the necessary qualifications for occupational health and safety, e.g., among managers and functionaries
- Organization and implementation of risk assessment
- Instruction of employees
In addition, the organization of occupational health and safety must include other elements, such as occupational health care, first aid or contractors and suppliers, temporary workers and fixed-term employees.
The law on company physicians, safety engineers and other specialists for occupational safety (Occupational Safety Act - ASiG) is the content of the above-mentioned element No. 3. According to ASiG, the employer must appoint company physicians and specialists for occupational safety. These are to support him in occupational safety and accident prevention.
This is intended to ensure that
- the regulations governing occupational health and safety and accident prevention are applied in accordance with the specific operating conditions,
- assured occupational health and safety knowledge can be implemented to improve occupational health and safety and accident prevention,
- the measures for occupational safety and accident prevention are as effective as possible.
During factory inspections, the factory inspectorate checks whether the occupational safety specialists and company physicians to be appointed in accordance with the requirements of the ASiG have been properly appointed by the employer. The inspectorate also checks whether the occupational safety specialists and company physicians are fulfilling their obligations under the ASiG and whether they are working the hours stipulated by the accident insurance institutions in accordance with the DGUV Regulation 2 applicable to the company. If deficiencies are identified in the implementation of the requirements resulting from the ASiG, the factory inspectorate, in agreement with the accident insurance institutions, shall take the measures necessary to remedy the deficiencies.
The requirement of the Occupational Health and Safety Act (ArbSchG) that the employer must determine which occupational health and safety measures are necessary by assessing the hazards to employees associated with their work is the content of the above-mentioned element No. 5 and a further focus of factory inspections by the trade supervisory authority. In this context, it is checked, among other things, whether the performance of the risk assessment was appropriate and whether the employer has the documents required, depending on the type of activities and the number of employees, from which the result of the risk assessment, the occupational health and safety measures determined by him and the result of the verification of the effectiveness of the measures can be seen. The labor inspectorate also checks compliance with the regulations, advises the companies and takes the necessary measures to remedy any deficiencies.