BG risk check: cost & liability
If the Berufsgenossenschaft finds gaps, the usual result is an order with a deadline (sections 17 to 19 SGB VII). Ignoring it can mean a fine of up to 25,000 euros (section 25 ArbSchG), and wilful endangerment is a criminal offence (section 26 ArbSchG). After a workplace accident with a wilful or grossly negligent breach of duty, the BG can reclaim its costs (section 110 SGB VII). The check goes through the core duties and shows your risk.
Your core duties are covered.
Possible consequences of a flagged inspection: orders from the employers' liability insurance association (sections 17 to 19 SGB VII), fines as an administrative offence up to 25,000 euros (section 25 ArbSchG), and for wilful endangerment even a criminal offence (section 26 ArbSchG). If a workplace accident occurs and duties were grossly negligently breached, the BG can seek recourse against the owner (section 110 SGB VII), substantial sums can arise here. This check is a rough guide and not legal advice; the individual case and your responsible BG are decisive.
What the check assesses
The check works through the core duties an inspector asks about first: the risk assessment including mental stress, an appointed specialist, an appointed occupational physician, current safety training, organised first aid, plus safety officers and the committee where the thresholds apply.
What is assessed is not whether you "actually do all of this" but whether you can evidence it. That is exactly where office businesses come unstuck: the training took place, but without an attendance list. The risk assessment exists, but is three relocations old.
If you would rather not keep the evidence yourself, the page on the external occupational safety specialist sets out what they take on in an office.
| Open core duties | Rating | Possible consequences according to the check |
|---|---|---|
| 0 | low risk | complete documentation that can be shown at any time remains important |
| 1 to 2 | medium risk | orders and possibly a fine |
| 3 or more | high risk | orders, fines and liability in the event of an accident (section 110 SGB VII) |
| Duties checked | 5 from the first employee | 6 with more than 20 employees, when the committee counts as well |
Which consequences are possible
- Orders from the insurance association with a deadline to remedy (sections 17 to 19 SGB VII). This is the normal case.
- A fine as a regulatory offence of up to 25,000 euros (section 25 ArbSchG) if an order is not followed.
- A criminal offence in the case of intentional endangerment (section 26 ArbSchG).
- Recourse after an accident where duties were breached with gross negligence (section 110 SGB VII). Substantial sums can arise here.
What the check does not do
- It is a rough orientation, not an inspection and not legal advice. The individual case and your responsible insurance association are decisive.
- It knows no sector-specific additional duties.
- It does not replace reviewing the actual records. A green result with missing evidence does not help during an inspection.
How to respond to a letter is covered in A letter from the Berufsgenossenschaft.
Legal basis
- SGB VII section 19: powers of the inspectors, orders with a deadline to remedy.
- Occupational Safety and Health Act (ArbSchG) section 25: fine of up to 25,000 euros if an enforceable order is not followed.
- Occupational Safety and Health Act (ArbSchG) section 26: criminal provision for intentional endangerment of life or health.
- SGB VII section 110: recourse by the accident insurer after an accident where duties were breached with gross negligence.
Frequently asked questions
How high can a fine be?
A regulatory offence under section 25 ArbSchG can carry up to 25,000 euros. In practice an order with a deadline almost always comes first; the fine follows only if that deadline passes unused.
What does recourse under section 110 SGB VII mean?
If an accident at work occurs and duties were breached intentionally or with gross negligence, the insurance association can reclaim the costs it bore from the business. This is the financially most serious consequence.
Is a good result a guarantee?
No. The check is a rough self-assessment against the core duties. It replaces neither a walkthrough by a specialist nor a review of your actual records.
What should I tackle first?
The risk assessment, because everything else builds on it, and the written appointments of the specialist and the physician, because those are asked for first.
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