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1. What is the primary responsibility of employers under occupational safety and health law?
Employers must ensure that workplaces, tools, machinery, and equipment are set up and maintained to prevent safety and health risks to employees. They are required to take preventive measures to avoid accidents and health issues at work.
2. What does the Occupational Safety and Health Act require from employers?
The Occupational Safety and Health Act requires employers to assess mental and physical health hazards, implement preventive measures, and inform employees about safety practices. It also grants employees the right to leave unsafe workplaces without fearing job loss.
3. What areas are covered under occupational safety and health?
OSH covers various aspects like workplace hygiene, tools, machinery, hazardous substances, working hours, protective measures for specific groups, and preventive healthcare. It ensures safe working environments in all these areas.
4. Who is responsible for occupational accident prevention in Germany?
Occupational accident prevention is managed by accident insurance funds and inspectorates in collaboration with local occupational safety and health authorities. They ensure employers comply with safety regulations and provide the necessary protective equipment.
5. What is the legal basis for occupational safety and health regulations?
Occupational safety and health laws are outlined in the Occupational Safety and Health Act (Arbeitsschutzgesetz), accident prevention regulations from accident insurance funds, and additional ordinances like those addressing hazardous substances and machinery.
6. What are employees’ obligations regarding safety at work?
Employees must follow safe working practices, adhere to employer-provided safety rules, and support their employer in maintaining a safe working environment. They must also use personal protective equipment (PPE) as required.
7. What is the role of occupational physicians and safety experts?
Employers must appoint occupational physicians and safety experts to advise on safety measures, ergonomic workplace design, and employee health integration. They help assess working conditions and ensure safety compliance.
8. How does the Occupational Safety Act protect employees from unsafe working conditions?
The Act mandates that employees can leave dangerous workplaces without fearing dismissal. It ensures employees are informed about workplace risks and have the right to make suggestions regarding safety measures.
9. What happens when an employee gets injured at work?
If injured, an employee is entitled to medical care, rehabilitation, and financial compensation under the statutory accident insurance system. Employers must report the incident to the relevant authorities, and investigations are conducted.
10. Can employees be disciplined for having an accident at work?
No, employees cannot be disciplined for workplace accidents if they followed safety procedures. Employers are responsible for providing a safe working environment, and accidents may indicate safety violations by the employer.
