Appointing an occupational safety specialist must be done in writing under section 5 paragraph 1 ASiG and must name the tasks transferred under section 6 ASiG. It only becomes audit-proof once it also records the person, proof of qualification, the agreed support hours and the start of support. On request the employer must show how this duty was met.
The appointment is the written act by which an employer transfers the tasks under section 6 ASiG to a named person. Which specialist qualifies is settled earlier, in choosing an occupational safety specialist. This article picks up after that: with the papers that end up in the folder.
The appointment and the service contract are two documents
The appointment is the one-sided transfer of tasks to a person; the service contract is the two-sided agreement on service, fees and term with a provider. The two are often confused, and that confusion is the most common defect found: a contract exists, but no appointment.
| Feature | Appointment | Service contract |
|---|---|---|
| Legal nature | one-sided transfer of tasks | two-sided contract |
| Basis | section 5 paragraph 1 ASiG, section 2 paragraph 1 DGUV Regulation 2 | freedom of contract under the Civil Code |
| Addressee | the named person | the provider or freelance specialist |
| Core content | tasks, support hours, standing in the business | scope, fees, term, notice |
| To be shown on request | yes | as a rule no |
| Ends with | revocation or departure of the person | notice or expiry of the term |
An external service changes nothing: the appointment still names a person, not a company. If that person changes, a new appointment is issued even though the contract continues. Under section 2 paragraph 7 DGUV Regulation 2, staff must be informed about the appointed specialist.
What belongs in the appointment
A valid appointment names the person, the qualification, the tasks, the support hours, the start date and the standing of the occupational safety specialist in the business. The Occupational Safety Act prescribes no form, but accident insurance institutions provide templates. A missing entry is hard to defend in an inspection.
| Entry | Why it is needed | Legal basis |
|---|---|---|
| Name of the appointed person | An appointment names a person, not a company | section 5 paragraph 1 ASiG |
| Proof of safety engineering qualification | Without it the appointment is not permitted | section 7 ASiG, section 4 DGUV Regulation 2 |
| Tasks transferred | The transfer of tasks is part of the duty | sections 5 paragraph 1 and 6 ASiG |
| Agreed support hours per year | Basis for scope and proof of support | Annex 1 or Annex 2 DGUV Regulation 2 |
| Start of the appointment | Shows from when support was in place | section 2 paragraph 1 DGUV Regulation 2 |
| Freedom from instructions and reporting line | Secures professional independence | section 8 ASiG |
| Duty to report | The employer must require reporting | section 5 DGUV Regulation 2 |
| Signatures of both sides | Documents transfer and acceptance | form requirement, section 5 paragraph 1 ASiG |
Two employer duties follow directly from the act: under section 5 paragraph 2 ASiG the specialist must be given the necessary rooms, facilities, equipment and resources, and under section 5 paragraph 3 ASiG the further training needed for the tasks.
Transferring the tasks under section 6 ASiG
Section 6 ASiG groups the tasks into four areas: advising the employer, checking plant and work equipment, observing how occupational safety is implemented including regular inspections, and working towards safe behaviour by all staff. A general reference to the provision is permitted, but a list tailored to the business is far more usable.
For an office business that means: support with the risk assessment under section 5 ArbSchG, inspection of the workplace at set intervals with a written record, advice on relocation and on buying work equipment, and investigation of accidents at work.
The difference shows up in a dispute. "The tasks under section 6 ASiG" makes it hard to prove an inspection was owed. "At least one inspection per calendar year with a written record" is measurable. The duties quick-check shows which duties apply at your headcount.
Support hours: where appointments fall short
Support hours are the agreed annual hours in which the occupational safety specialist supports the business, made up of basic and business-specific support. Office and administrative businesses fall into support group III with 0.5 hours of basic support per employee per year, shared with the occupational physician.
Since the new version of DGUV Regulation 2 took effect on 1 January 2026, at least 20 percent of those hours must go to the occupational safety specialist. Up to 20 employees the scope follows Annex 1 DGUV Regulation 2, above 20 employees Annex 2.
| Employees | Basic support per year | Minimum specialist share (20 percent) | Annex |
|---|---|---|---|
| 12 | 6.0 hours | 1.2 hours | Annex 1 |
| 35 | 17.5 hours | 3.5 hours | Annex 2 |
| 80 | 40.0 hours | 8.0 hours | Annex 2 |
Part-time staff do not count in full. Under section 2 paragraph 5 DGUV Regulation 2, employees with a regular weekly working time of no more than 20 hours count as 0.5, more than 20 up to 30 hours as 0.75, and more than 30 hours as 1.0. Annual averages apply. Your own figures including business-specific support come from the support-hours calculator.
Up to 50 employees the Unternehmermodell under Annex 3 DGUV Regulation 2 is permitted: no specialist is appointed permanently, expertise is brought in as needed. Whether an appointment is required at all is answered in Does an office need an occupational safety specialist?.
Independence, reporting and on-site presence belong in the contract
Three rules decide whether support works in practice: professional independence under section 8 ASiG, the duty to report under section 5 DGUV Regulation 2, and the share of support delivered on site. All three can be spelled out in the contract, and all three are regularly forgotten in it.
Occupational safety specialists are not bound by instructions when applying their expertise under section 8 ASiG, may not be disadvantaged for carrying out their tasks, and report directly to the head of the business.
Under section 5 DGUV Regulation 2 the employer must require the appointed occupational safety specialist to report regularly, electronically or in writing, on how the transferred tasks were carried out, including evidence of further training completed. A contract without a reporting rhythm leaves open exactly the record an inspection asks for first.
Support must as a rule be delivered in person under section 6 paragraph 1 DGUV Regulation 2. In standard support, digital technology may cover up to one third of the services once the business is known from an initial inspection, and never more than half. An offer with only phone and digital support does not fit this rule.
Works council, term and the records after the contract ends
Where a works council exists, the appointment and removal require its consent under section 9 paragraph 3 ASiG, as does extending or narrowing the tasks. The same applies to freelance specialists and external services. If no agreement is reached, the conciliation board route under section 87 in conjunction with section 76 BetrVG applies.
No statute governs the term and notice period; they are freely negotiable. A first term of twelve months with renewal and three months' notice is sensible. Long commitments are the main reason businesses keep unsuitable support for years, as described in unhappy with your specialist.
The most important point is usually missing: who owns the risk assessment, the inspection records and the training records after the contract ends? The documentation duty under section 6 ArbSchG lies with the employer, so the contract should provide for the release of all records in a common format. Above 20 employees the specialist also sits on the occupational safety committee under section 11 ASiG.
Six steps to a valid appointment
The process takes about two hours in an office business and needs three things: the current headcount including part-time shares, proof of the intended person's qualification and, where one exists, the resolution of the works council. The order matters, because the support hours follow from the support model.
- Decide on the support model. Only standard support leads to a permanent appointment with agreed support hours; the Unternehmermodell does not.
- Ask for proof of qualification. Request the safety engineering qualification under section 7 ASiG and section 4 DGUV Regulation 2 before signing.
- Calculate the support hours. Basic support under Annex 1 or Annex 2 DGUV Regulation 2, part-time staff weighted under section 2 paragraph 5, plus business-specific support.
- List the tasks for your business. Break section 6 ASiG down: risk assessment, inspections, training sessions, accident investigation, occupational safety committee.
- Involve the works council. Obtain its consent under section 9 paragraph 3 ASiG before the appointment.
- Sign, file and inform. Both sides sign, the appointment goes in the occupational safety folder, staff are informed under section 2 paragraph 7 DGUV Regulation 2.
Safety Club supplies appointment, task list and support hours calculation for office businesses as one package: an occupational safety specialist on site plus digital, audit-proof documentation that belongs to the business. We review an existing appointment in an initial consultation.
This article is general guidance and does not replace legal advice on your individual case. What governs is the current version of the ASiG and ArbSchG, together with the version of DGUV Regulation 2 issued by the accident insurance institution that covers you.
