A Revisionsschreiben from the Berufsgenossenschaft is the written summary of a site inspection, listing the defects found and the deadlines for fixing them. Responding correctly means recording the deadlines, working through the defects and reporting completion in writing. An order under section 19 (1) SGB VII, by contrast, is binding and can only be challenged by objection within one month.
How to answer mail from the BG in general and which records are requested is covered in the article letter from the Berufsgenossenschaft. This article deals with the next step: what arrives in writing after an inspection and how to handle it.
Inspection letter vs. order: the difference
The inspection letter is a list of defects with deadlines and usually not an administrative act. The order is an administrative act that prescribes a specific measure in a binding way, with reasons and a notice of legal remedies. Ignoring an inspection letter risks an order. Ignoring an enforceable order risks a fine.
An order is an individual decision of the supervisory body that sets which measure a business must take and by when. The Berufsgenossenschaft bases it on section 19 (1) SGB VII, the state occupational safety authority on section 22 (3) ArbSchG. The inspection letter, by contrast, rests on the general monitoring and advisory mandate under section 17 (1) SGB VII.
| Feature | Inspection letter (Revisionsschreiben) | Order (Anordnung) |
|---|---|---|
| Legal nature | Letter with findings, usually not an administrative act | Administrative act in an individual case |
| Basis | Section 17 (1) SGB VII (monitoring and advice) | Section 19 (1) SGB VII (BG), section 22 (3) ArbSchG (state authority) |
| Recognisable by | List of defects, deadlines, request for feedback | "is ordered", reasons, notice of legal remedies |
| Legal remedy | None, clarified by a written statement | Objection within one month (section 70 VwGO) |
| Consequence of inaction | Follow-up inspection or order | Fine up to 10,000 euros (section 209 SGB VII) or up to 30,000 euros (section 25 ArbSchG) |
How the stages continue up to fines and criminal law is explained in the article fines in occupational safety.
What an inspection letter contains
An inspection letter usually states the date and reason for the inspection, the people spoken to, every finding with the regulation breached and a deadline for remedying it. It often ends with a request to report completion by a certain date. That request is the core: the Berufsgenossenschaft wants to see the measures carried out.
Read every finding for two things. First: is it worded as a duty with a deadline or as a recommendation? A recommendation ("we suggest") is not a defect, but it should still be answered. Second: which regulation is cited? In office businesses the same bases come up again and again:
- DGUV Regulation 2, if no occupational safety specialist and no company doctor has been appointed or the deployment times are not documented.
- Sections 5 and 6 ArbSchG, if the risk assessment is missing, out of date or not documented.
- Section 12 ArbSchG, if safety training is not documented.
- ArbStättV with ASR A2.3, if escape and rescue routes are blocked or not marked.
- DGUV Regulation 1, if first aiders are missing or the first aid kit is incomplete.
How to respond to an inspection letter
You answer an inspection letter in six steps: record the deadlines, classify the findings, plan the measures, carry out immediate measures, start longer projects and report completion in writing. The last step is decisive. Without a completion report the matter stays open, even if everything in the business has been done.
- Record the deadlines and assign responsibility. Every deadline goes into the calendar, one named person runs the matter to the end.
- Classify every finding. Note the legal basis, check the facts, ask the inspector directly about anything unclear.
- Draw up an action plan. What, who, by when. Separate what can be done at once from projects that take weeks.
- Carry out immediate measures and document them. Clear escape routes, restock the first aid kit, renew notices, each with a date and a photo.
- Start longer measures and report an interim status. If the deadline is not enough, state in writing before it expires what has been done and when the rest will follow.
- Report completion in writing and update the records. Send completion with evidence to the BG, carry the findings over into the risk assessment, keep the correspondence.
Use the occasion to check the points that were not noticed this time. The office safety checklist shows within a few minutes where further gaps lie before they come up at the follow-up inspection.
Example: an office with 35 employees
An example shows how an action plan emerges from a typical inspection letter. Suppose the inspector visits an office with 35 employees on 1 September and sets a deadline of 31 October for all points. The four findings need very different amounts of time, and the plan has to reflect exactly that.
| Finding | Legal basis | Measure | Time needed |
|---|---|---|---|
| Escape route in the corridor blocked with boxes | ArbStättV, ASR A2.3 | clear it, designate a storage area, photo | one day |
| First aid kit incomplete | DGUV Regulation 1 | restock, set a check interval | a few days |
| No occupational safety specialist appointed | ASiG, DGUV Regulation 2 | appoint the specialist in writing, enclose the contract | days to a few weeks |
| Risk assessment not documented | Sections 5 and 6 ArbSchG | prepare and document it with the specialist | several weeks |
The first two points are done and documented by mid-September. Appointing the specialist is the precondition for the fourth point and therefore comes first. If the risk assessment is not finished by 31 October, report the interim status in mid-October: three points done, risk assessment in progress, completion by a specific date. How many hours the specialist has to plan for 35 employees is calculated by the deployment time calculator.
When an order arrives
An order of the Berufsgenossenschaft under section 19 (1) SGB VII sets in a binding way which measure must be taken by when. It usually follows an inspection letter whose defects were not remedied or not remedied verifiably. Where there is imminent danger, the inspector may also issue immediately enforceable orders under section 19 (1) sentence 2 SGB VII.
An order is enforceable when it is immediately enforceable or has become final, for example because the objection period expired unused. From that point any contravention is an administrative offence under section 209 (1) no. 2 SGB VII, which can be punished with a fine of up to 10,000 euros (section 209 (3) SGB VII). A disregarded order of the state authority under section 22 (3) ArbSchG can cost up to 30,000 euros under section 25 (2) ArbSchG. The state authority may also prohibit the work concerned under section 22 (3) sentence 3 ArbSchG if the deadline expires without implementation.
Costs come on top: if the Berufsgenossenschaft incurs cash expenses for monitoring because of a breach of duty, it can charge them to the business under section 17 (3) SGB VII. Anyone who receives an order therefore usually implements it and reports completion, just as with the inspection letter.
Objection: when it makes sense
An objection against an order is possible within one month of notification (section 70 (1) VwGO). It makes sense if the order rests on wrong facts, such as a wrong number of employees, or demands a measure that has already been taken. In all other cases implementation is the faster and cheaper route.
Disputes arising from the prevention monitoring of the accident insurance institutions are excluded from the social courts under section 51 (1) no. 3 SGG and belong before the administrative courts. Before any action in court there is therefore the objection procedure under section 68 VwGO. Under section 80 (1) VwGO an objection generally has suspensive effect, but not against immediately enforceable orders. If the notice of legal remedies is missing or wrong, a period of one year applies under section 58 (2) VwGO. Which remedy applies in the individual case is stated bindingly in the notice at the end of the decision; for state authorities, some federal states have largely abolished the objection procedure.
Before you object, a call to the inspector is worthwhile. Many orders can be settled with a piece of evidence, such as the signed contract with an external occupational safety specialist. If fine proceedings are running in parallel or an accident with injuries is involved, legal advice is advisable.
What to avoid
The most common mistakes after an inspection letter are silence, backdated records and promises without a date. All three turn a solvable matter into a conflict. For most office businesses, an inspection letter answered on time and with evidence is the last contact on the matter.
- Letting the deadline pass, even if everything has already been done in the business. The BG only sees what is reported.
- Backdating records. Safety training dated after the fact is worthless and a problem of its own.
- Making vague promises. "We are on it" does not replace a date.
- Fixing only the individual case. What is missing structurally comes up again at the next inspection.
Safety Club supports office and administrative businesses in working through the findings of the supervisory bodies, with an occupational safety specialist on site plus digital, audit-proof documentation. Is there an inspection letter with a running deadline on your desk? Get in touch.
This article is general guidance and does not replace legal advice on individual cases. The current versions of the regulations cited, the content of your decision with its notice of legal remedies and the interpretation of your responsible Berufsgenossenschaft are authoritative.
