Defense against typical risks of fines under the German Ordinance on Industrial Safety and Health (BetrSichV)

Typical violations of the BetrSichV are:

Violations according to § 22 paragraph 1 BetrSichV

These violations can be punished with fines of up to 5,000 euros:

Inadequate risk assessment:

• Risk assessment not carried out, not carried out correctly or not carried out in good time(standard rate: 3,000 euros)
• Risk assessment not carried out by a competent person(standard rate: 1,500 euros)
• Risk assessment not updated or not updated in time(standard rate: 1,500 euros)

Documentation deficiencies:

• Result of the risk assessment not documented or not documented in good time before the work equipment is used for the first time(standard rate: 1,500 euros)

Shortcomings in information and instruction:

• Lack of or inadequate provision of information for employees(standard rate: 2,000 euros)
• Missing or inadequate instruction of employees(standard rate: 2,000 euros)
• Missing or inadequate provision of operating instructions(standard rate: 2,000 euros)

Audit deficiencies:

• Inspections of work equipment not carried out or not carried out on time(standard rate: 3,000 euros)
• Missing or inadequate extraordinary inspections(standard rate: 3,000 euros)
• Test results not recorded or retained(standard rate: 1,000 euros)

Reporting obligations:

• Missing or inadequate notification of accidents or claims(standard rate: 1,000 euros)
• Documentation or information not submitted, not submitted correctly, not submitted in full or not submitted on time to the competent authority(standard rate: 1,000 euros)

Violations according to § 22 paragraph 2 BetrSichV

These violations can be punished with fines of up to 100,000 euros. They mainly relate to installations that require monitoring and include:

• Mandatory inspections of systems requiring monitoring that have not been ensured
• Construction, operation or modification of an installation requiring monitoring without the required permit

It is important to note that in the case of intentional actions and endangering the life or health of employees or other persons, these violations can also be considered criminal offenses in accordance with Section 23 BetrSichV.

How are fines or criminal proceedings initiated for violations of the BetrSichV?

Procedure initiation after ZÜS inspection

Approved inspection bodies (ZÜS) carry out important inspections on systems that require monitoring, such as pressure vessels (periodic internal inspection and strength test), elevators, etc. During these ZÜS inspections, violations of the BetrSichV are regularly discovered, which then leads to the initiation of fine proceedings.

Initiation of proceedings following an industrial accident

In the event of accidents at work, fines are often imposed for breaches of the Ordinance on Industrial Safety and Health because the responsible authorities usually look for the cause of the accident. They check whether all the necessary safety measures have been taken in accordance with the Ordinance on Industrial Safety and Health. If deficiencies are found, this can lead to fine proceedings.

Typical violations that are discovered in accidents are:

Inadequate risk assessment:

• Risk assessment not carried out, not carried out correctly or not carried out in good time
• Failure to update the risk assessment

Insufficient testing:

• Use of work equipment without tests carried out or documented

Defects in work equipment:

• Provision or use of work equipment with safety-relevant defects

Insufficient instruction:

• Missing or inadequate instruction of employees in handling work equipment

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