BG risk check: cost & liability
What happens if the employers' liability insurance association (Berufsgenossenschaft, BG) inspects and finds gaps? Answer a few questions about your safety organisation, the check shows your risk and the possible financial and liability consequences.
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.
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.
Frequently asked questions
How high can a fine be?
What does recourse under section 110 SGB VII mean?
Is a good result a guarantee?
What should I tackle first?
Talk to us.
Book a slot directly, or write to us using the form.