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In Germany occupational safety and health are regulated by a dual occupational safety system. This means that, in addition to the state, the German Social Accident Insurance Instituations are also responsible for occupational safety and health. These dual structures are also reflected in the regulations and rules for occupational safety and health.
The regulations and rules for occupational safety and health include not only state laws, ordinances, and technical rules but also the accident prevention regulations and rules, which are issued by the German Social Accident Insurance Institutions. Those regulations and the set of rules serve to implement the prevention mandate according to § 14 para. 1 of the Seventh Book of the Social Code (SGB VII).
The regulations of the German Social Accident Insurance Institutions include the legally binding accident prevention regulations (DGUV regulations). The set of rules consist of DGUV rules, DGUV informations, and DGUV principles. These documents are available to employers and insured persons as aids in fulfilling their duties in the area of safety and health.
Due to quality assurance, the set of rules also serve as guidelines for behavior that meets the legally binding requirements of the accident prevention regulations as well as the legal requirements of state law.
All current documents can be found in the DGUV database for publications, though not all documents are available in English.
The accident prevention regulations (DGUV regulations) are autonomous statutory law of the German Social Accident Insurance Institutions. The legal basis can be found in § 15 para. 1 of the Seventh Book of the Social Code (SGB VII).
Accident prevention regulations are developed in the expert committees of the DGUV with the participation of lawyers of the DGUV. This ensures that the technical expertise as well as the formal and legal requirements are always met. In addition, the approval of the responsible occupational safety authority (e.g., Federal Ministry of Labor and Social Affairs or the highest occupational safety authority of a state) is required to issue an accident prevention regulation.
The accident prevention regulations set protection goals. Most accident prevention regulations are topic- or activity-related and regulate matters of a specific industry. In addition, there are the Accident Prevention Regulation 1 "Principles of Prevention" and Accident Prevention Regulation 2 "Occupational Physicians and OSH Professionals", which contain general and cross-industry regulations. These two accident prevention regulations cover both essential provisions on the organization of occupational safety and the preventive measures to be taken in the company, as well as the specific design of company medical and safety support.
When a German Social Accident Insurance Institution issues an accident prevention regulation, it is legally binding for the members of this Social Accident Insurance Institution. In addition to employers, accident prevention regulations also have a legally binding effect on the insured individuals. Compliance with the accident prevention regulations is ensured by the labour inspector from the German Social Accident Insurance Institutions. They can issue directions in individual cases or initiate fine proceedings in the event of violations of a regulation that is subject to fines.
The set of rules include DGUV rules, DGUV informations and DGUV principles. They are primarily aimed at the employer to provide assistance in fulfilling their duties under state occupational safety regulations and/or accident prevention regulations. The set of rules outlines ways to avoid workplace accidents, occupational diseases and work-related health hazards. In the public sector, employers include the federal government, the states, municipalities, and other public law corporations, foundations, and institutions.
DGUV rules specify content from state occupational safety regulations, accident prevention regulations as well as technical specifications and compile the experiences of the prevention work of the German Social Accident Insurance Institutions.
Sectoral rules are special DGUV rules that form a comprehensive compendium related to activities, workplaces, or work procedures for companies and institutions in a specific industry.
DGUV informations contain hints and recommendations intended to facilitate the practical application of regulations to a specific subject area or issue. They present concrete, practical measures in the field of safety and health for specific industries, activities, or target groups.
DGUV principles contain standards for specific procedural issues, such as the uniform conduct of inspections.
