Four myths persist in pure office businesses: that nothing happens in an office, that no duties apply below 20 employees, that the Berufsgenossenschaft never visits offices and that the home office is a private matter. All four are wrong. ArbSchG, ASiG and SGB VII apply from the first employee and regardless of where the work is done.
A myth in occupational safety is a widespread assumption that feels proven in everyday work but does not stand up to the law. It rarely becomes dangerous in daily routine, but after an accident or during an inspection: then what counts is not what was customary but what is documented. The overview sets each of the four assumptions against its legal basis.
| Myth | Legal position | Legal basis |
|---|---|---|
| "Nothing happens in an office" | Risk assessment for every workstation, including mental stress | Section 5 ArbSchG |
| "Nothing applies below 20 employees" | Core duties and support apply from the first employee | Sections 5, 6, 12 ArbSchG, section 1 ASiG |
| "The Berufsgenossenschaft never visits offices" | Inspection possible at any time, states with a minimum rate of 5 percent per year | Section 19 SGB VII, section 21 ArbSchG |
| "The home office is a private matter" | Occupational safety and accident insurance also apply at home | Section 5 ArbSchG, section 8 SGB VII |
Myth 1: "Nothing happens in an office"
Offices see fewer serious accidents than building sites, but not none. Slips, trips and falls, commuting accidents, complaints from screen work and mental stress are the typical hazards. That is why section 5 ArbSchG requires a risk assessment for every workstation in an office too, with no exemption for low hazards.
The risk assessment is the systematic identification and evaluation of all hazards at a workstation required by section 5 ArbSchG. A low risk does not exempt a business from the assessment, it is the result of it. Anyone who says "nothing happens in an office" has done the assessment in their head, but not on paper.
Four areas deserve a close look in an office:
- Slips, trips and falls. Cables across walkways, wet floors at the entrance and stairs are, according to the DGUV, among the most common causes of accidents, offices included.
- Commuting accidents. The journey to and from work is insured under section 8 paragraph 2 SGB VII. A commuting accident with more than three days of incapacity for work must be reported within three days under section 193 SGB VII.
- Screen work. Under Annex Part 4 ArbMedVV, employees working at display screens must be offered occupational health care, including an eye examination.
- Mental stress. Under section 5 paragraph 3 number 6 ArbSchG it is expressly part of the risk assessment and is the element most often missing in offices.
The effort in an office is manageable precisely because the hazards are well known. How a complete assessment is structured is shown in Risk assessment in the office.
Myth 2: "Nothing applies below 20 employees"
No core occupational safety duty depends on 20 employees. Risk assessment, documentation, safety training and occupational safety and medical support under ASiG apply from the first employee. Only a few additional duties are tied to the number 20, above all the occupational safety committee under section 11 ASiG for more than 20 employees.
The myth arises because the visible duties are tied to thresholds and the invisible ones are not. A committee gets noticed, a missing risk assessment does not. The table separates the two.
| Duty | Applies from | Legal basis |
|---|---|---|
| Risk assessment and documentation | 1 employee | Sections 5, 6 ArbSchG |
| Safety training, at least annually | 1 employee | Section 12 ArbSchG, section 4 DGUV Regulation 1 |
| Support by an occupational safety specialist and occupational physician | 1 employee | Sections 1, 5 ASiG, DGUV Regulation 2 |
| Fire safety assistants, guideline 5 percent, at least 1 person | 1 employee | ASR A2.2 |
| Trained first aider | 2 insured persons present | Section 26 DGUV Regulation 1 |
| Occupational safety committee, quarterly | more than 20 employees | Section 11 ASiG |
| Safety representative in an office business | 50 regular employees | Section 22 SGB VII |
Size changes the route, not the duty. Up to 50 employees, the entrepreneur model under Annex 3 DGUV Regulation 2 is permitted, in which management qualifies itself and brings in expertise as needed. Businesses with up to 10 employees in standard support receive basic support plus event-driven support under Annex 1, without a fixed number of hours.
Worked example, office with 18 employees in standard support under Annex 2: Basic support in support group III is 0.5 hours per employee per year, so 18 times 0.5 equals 9 hours a year for the occupational safety specialist and occupational physician combined. On top of that come one first aider, one fire safety assistant (0.9 rounded up), annual safety training for all 18 people and a documented risk assessment. The occupational safety committee and the safety representative are not required. Which duties apply at your size is shown by the duties quick check.
Myth 3: "The Berufsgenossenschaft never visits offices"
The Berufsgenossenschaft visits offices less often than building sites, but it may come at any time. Under section 19 SGB VII, inspectors may enter business premises during business hours and review records. In addition, since 2026 the state occupational safety authorities must inspect at least 5 percent of businesses each year under section 21 paragraph 1a ArbSchG.
For office and administrative businesses, the VBG is usually the responsible institution. Supervision by the Berufsgenossenschaft and supervision by the state occupational safety authority run in parallel: the Berufsgenossenschaft checks the accident prevention regulations under section 17 SGB VII, the state authority checks state occupational safety law under section 21 ArbSchG.
A visit almost always has a trigger. Typical ones are:
- An accident report under section 193 SGB VII, particularly for serious accidents or recurring types of accident.
- A complaint by employees or third parties to the authority or the Berufsgenossenschaft.
- A focus programme in which businesses of a particular sector or size are contacted specifically.
- The minimum inspection rate, under which businesses are selected even without a specific reason.
The consequence of a first inspection is usually a deadline for remedy. If an enforceable order is not followed, fines of up to 10,000 euros under section 209 SGB VII and up to 30,000 euros under section 25 ArbSchG may follow. Recourse weighs more heavily: in the case of a work accident caused by gross negligence, the Berufsgenossenschaft can reclaim its expenses from the employer under section 110 SGB VII.
How robust your own organisation would be during an inspection is estimated in a few minutes by the VBG risk check. If you have already received a letter, the steps are set out in Letter from the Berufsgenossenschaft.
Myth 4: "The home office is a private matter"
The home office is a workplace, not a private matter. The ArbSchG is based on the employment relationship, not on the location, so risk assessment and safety training also apply to work at home. Accidents while working in the home are insured under section 8 paragraph 1 sentence 3 SGB VII to the same extent as at the company.
Two forms need to be distinguished. A telework workstation under section 2 paragraph 7 ArbStättV is a display screen workstation permanently set up by the employer in the private sphere with agreed weekly working hours and duration. Mobile working is location-independent and without a fixed setup. Telework vs. mobile working means in legal terms: under section 1 paragraph 3, the ArbStättV applies to the telework workstation in part, in particular with its requirements for screen work, and it does not apply to mobile working. The ArbSchG applies in both cases.
What needs to be done for the home office in practice:
- Risk assessment. The employer has no right of access to the home. The assessment is therefore based on a structured self-assessment per person using a checklist.
- Safety training. It covers ergonomics, breaks, availability and what to do in case of an accident at home.
- Working hours. The Working Hours Act applies unchanged, including the rest period of generally eleven hours under section 5 ArbZG.
- Work equipment. Devices provided by the employer remain subject to testing under DGUV Regulation 3, even in the home.
The details on telework workstations, equipment and documentation are in Risk assessment for home office and telework.
From myth to a robust organisation in four steps
If you have doubts at any of the four points, work in this order. The first step takes an hour and shows how large the gap is.
- Check the core duties. Record in writing whether there is a documented risk assessment, whether all employees were trained in the past twelve months and whether support under ASiG and DGUV Regulation 2 has been agreed.
- Match thresholds against the current headcount. Measure first aiders, fire safety assistants, the occupational safety committee and safety representatives against the actual headcount and attendance, and file the result with a date.
- Include home office workstations. Add telework and mobile working to the risk assessment, obtain a self-assessment from each person and extend safety training to work at home.
- File records so they survive an inspection. Keep the risk assessment, training records, test reports and support contract in one place so they are available within a day during an unannounced inspection.
Safety Club takes on exactly this organisation for office and administrative businesses: an occupational safety specialist on site plus digital, audit-proof documentation in which risk assessment, safety training and home office workstations come together in one place. We clarify open questions about your business in an initial consultation.
This article is general guidance and does not replace individual legal advice. The current versions of ArbSchG, ASiG, ArbStättV, SGB VII and DGUV Regulations 1 and 2, and the interpretation of your responsible Berufsgenossenschaft, are authoritative.
