Germany Overhauls Safety Officer Rules as Courts Affirm Independent Training Rights
04.06.2026 - 08:05:23 | boerse-global.de
New obligations for German businesses to appoint safety representatives took effect on 29 May 2026, following a parliamentary decision that rebalances the requirements by company size. The legislative change, adopted by the Bundestag on 26 March, amends § 22 of the Social Code Book VII and replaces a one-size-fits-all mandate with a graded system.
Firms with fewer than 20 employees are no longer required to appoint a safety officer. Those with 20 to 49 staff must do so only if specific hazards are present. Companies employing between 50 and 249 people must have at least one safety representative, while enterprises with 250 or more workers are subject to the detailed criteria laid out in DGUV Regulation 1, the accident-prevention rules of the German social accident insurance.
Just days before the new rules entered force, a third instalment of a legal analysis published on 3 June 2026 challenged a widespread assumption that certified safety professionals – known as Fachkräfte für Arbeitssicherheit (Sifas) – cannot conduct worker instruction sessions independently. The study cites § 6 sentence 2, number 4 of the Occupational Safety Act (ASiG) as establishing a standalone duty to instruct, contrary to the prevailing interpretation. Several courts, including the Federal Court of Justice (BGH) and regional courts in Mannheim, Rostock, Heilbronn, Dillingen and Hamm, have backed this reading.
The authors of the analysis caution that safety representatives (Sicherheitsbeauftragte, or Sibes) may also carry out instruction sessions, but they then bear full liability. Responsibility for safety is governed by the Criminal Code (StGB) and the Civil Code (BGB), not solely by DGUV regulations.
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Meanwhile, the healthcare sector saw new accident-prevention rules take effect on 1 June 2026. Issued by the Professional Association for Health Services and Welfare (BGW), the updated regulations introduce greater flexibility through digital supervision options. Notably, physicians can now train to become certified safety professionals themselves, merging medical expertise with occupational safety management. The rules also prioritise protection for lone workers. Modern personal emergency call systems (PNA) that meet DGUV Regulation 112-139 are gaining ground: they automatically trigger an alarm and transmit location data in the event of an accident, even if the employee can no longer call for help.
In separate labour-legal developments, the Lower Saxony Regional Labour Court (LAG) dismissed a compensation claim by two former managers against Volkswagen on 29 May 2026. The plaintiffs had invoked the Whistleblower Protection Act (HinSchG). The court ruled that the reported violations occurred before the law took effect and that the reports were made within contractual duties, not through a protected internal reporting channel. Legal observers say the case underscores the need for clear reporting pathways and meticulous documentation of personnel decisions.
Earlier, in August 2025, the Federal Labour Court (BAG) clarified compensation rights for works council members. And at the start of 2026, the Thuringia Regional Labour Court declared blanket works agreements that limit consecutive annual leave to a maximum of two weeks invalid. Such restrictions will now require specific justification.
