Employee protection: safety for your employees

Employee protection: safety for your employees

Everyday life in the workshop is hectic, the target times are extremely tight and if the wrong spare parts are ordered or they are not delivered on time, then the worst happens: standstill. The clock is ticking, the non-billable working hours cost money. In such an unpleasant situation, rash actions, short-circuit reactions or blackouts can quickly happen. Zack – and right now a stupid accident at work happens. But when is the employer liable? “Only if he caused the accident at work intentionally or through gross negligence,” explains employment lawyer Tino Enzi from HSP Rechtsanwälte. By paying accident insurance contributions for its employees, the employer has bought itself out of liability. The technical term is called legal cession: the employee's claims are transferred to the social insurance provider. 

Unless there is intent or gross negligence on the part of the employer. The insurance then gets the money back from the company - even if the employee is partly at fault. 

In such a case, it would be practical if the employer could prove that it has complied with all occupational safety rules. The key question is therefore: How do you ensure that all requirements have been met if the worst comes to the worst? Or even better: How do you prevent accidents in general? 

The solution lies in the classic W questions:Who, What, When, How. The fifth W, thatWhyis simple: to fulfill your duty of care as a good employer. And to avoid trouble. 

Employers should pay attention to this

Labor law expert Tino Enzi quickly clarified the “who”: The employer must instruct its employees or arrange for the instruction to be given. He can delegate this to internal staff, such as security officers. Or he hires external parties, such as trainers or the manufacturer of a new machine, to carry out the safety instructions. Online training with suitable modules is also a good way. You have the advantage that the training certificates are stored in the system and can be easily assigned to individual employee files. Because every course, every training, every instruction must also be documented. For group training, the signed attendance list is considered documentation. 

What employees should be trained on 

Answering the “what” question is trickier. A basic distinction is made between information and instruction ( § 12 or § 14 Employee Protection Act ASchG ). Information provides general knowledge about accident prevention and can also be given by safety experts or the works council. The difference to instruction: It refers to the specific workplace and area of ​​responsibility of each individual employee. The employer or its managers are responsible here. Nevertheless, employee representatives/works council, safety specialists and occupational physicians must be involved in the planning. “Every employee must be made aware of the regulations that apply to their area of ​​work,” says Enzi. He underlines the fact that this is not as easy as it sounds with an example: Different safety measures apply to workers in the workshop or warehouse than to employees in offices. What if the office employees also regularly have to do work in the workshop because they collect or distribute orders? “Then the employer has to train them on which paths they are allowed to use, what safe distances they have to keep from the machines and perhaps protective clothing in paint shops.” All of this needs to be thought through and updated regularly. In general, the instructions for production facilities are more complex. 

Timing of safety instructions

The “when” requires planning. “Instructions are given when starting a job for the first time and whenever something changes. For example, when a new machine is put into operation, new working materials are introduced or procedures are changed. Or when an employee’s area of ​​responsibility changes.” Enzi's advice is to use accidents, near misses and employee turnover related to safety concerns as an opportunity for a revision: They all reveal faults in the transmission. Regular refreshers are also mandatory. Enzi does not want to give any recommendations for their interval. "It depends on the company. Once a year may not be enough." 

The art of employee training

The “how” is still missing: “The employee must understand what you want to convey to them.” For employees who speak a foreign language, this means with an interpreter or at least with written documents in all languages ​​represented in the company. Because it must also be documented that the employee has understood the content, these documents must be signed by the employee in their native language and enclosed with the personnel file. This also speaks in favor of online training: They are available in many translations, they follow the trend towards gamification with playful didactics that are appropriate to learning types and often end with a small test to ensure that the content has been understood.  

Violations should also be punished

Last: Who controls this? The Labor Inspectorate. It greatly appreciates complete documentation. Documentation of accidents and near-misses is also mandatory. What the labor inspectors are still investigating: the posting of laws that require posting, first aid equipment, the appointment of a safety representative for every ten employees, fire protection and workplace evaluation (room height, area, light, air). The employer is not spared the latter, even if he only employs a single employee. This is about work-related, physical and psychological stress. By the way, special regulations apply to expectant or nursing mothers. 

Taking the job of labor inspectors seriously is also worthwhile in monetary terms. Depending on the severity, reporting violations of the ASchG for the first time can cost between 166 and 8,324 euros, or twice as much in the event of a repeat violation. And that can quickly become really expensive for employers and their companies. 

The most important training content for employees is…

Basic topics:

General employee protection: e.g. clarification of terms, obligations of employers and employees, prevention, safety representatives, stop principle, fire protection, first aid, order and cleanliness

Labeling regulation: e.g. dangers and sources of danger, warning, prohibition, mandatory, information and rescue signs

Fall and fall: e.g. falling on the level/from the ladder, correct handling of ladders, causes of falls, slipping and stumbling, protective measures

Screen workstation: e.g. screen regulations, ergonomics and consequences of incorrect working posture, setup of the workplace and its surroundings, eye examinations and computer glasses, compensatory exercises

Mechanical hazards: e.g. dangers and sources of danger, types and frequency of injuries, CE marking, protective measures, safe handling of work equipment

Fire protection: e.g. fire protection regulations, causes of fire, fire protection, detection and fire-fighting systems, escape routes and emergency exits, behavior in the event of a fire

Special topics:

Electrical hazards: e.g. sources of danger and protective measures, error protection measures, working in a de-energized state/working under voltage, checking and checking electrical systems, first aid

Dangerous working materials: e.g. GHS/CLP labeling, storage and handling of dangerous substances, limit values, intake and effects, protection of vulnerable groups

Noise and vibration: e.g. health and safety risks, limit values ​​and monitoring, noise reduction measures, hearing protection (types and duration of wear), measures against vibration

Thermal hazards: e.g. hot and cold media (influencing factors, degrees of burns/frostbite, protective measures), first aid, climatic hazards

Lifting and carrying: e.g. types of physical incorrect loads, manual load handling, limit values, measures, compensatory exercises 

Radiation protection: e.g. X-ray systems and radiation, electromagnetic waves, health risks, radiation protection, 3-A rule

Explosion protection: Ignition temperature, flash point, explosion limit, devices and protection systems, EX zones, first aid

Industrial trucks: e.g. hazards and causes of accidents caused by forklifts or pallet trucks, handling batteries, charging stations, safety devices, first aid

Psychological stress: e.g. working conditions, stress and stressors, eustress and distress, burnout progression and signs, working atmosphere

This is what occupational safety is like in your company

In 1995, the American DuPont employee Berlin Bradley proved a connection between the maturity of a corporate culture and the number of workplace accidents that occur. What level of maturity does your company reach?

•          Maturity level 1:Accidents at work happen, it is inevitable. Management does not feel responsible and otherwise places little value on occupational safety. It's hardly surprising that accidents and near misses are increasing.

•          Maturity level 2:Workplace accidents are still considered inevitable, but you don't want to get caught. Therefore, management establishes rules to keep their number as low as possible. Violations result in warnings and penalties.  

•          Maturity level 3:Workplace accidents can actually be completely prevented because the employees are behind them (“I don’t want to get hurt”). They put a lot of effort into this. The catch: Success depends on individual commitment. This can be great in one department but not in the next. 

•          Maturity level 4:Management itself is committed to a zero-accident goal (“We don’t want anyone to get injured”). Occupational safety is an equivalent corporate goal to quality or productivity. All managers are constantly alert to possible sources of danger like an additional soundtrack.