Why should you follow the health and safety rules

Responsibility and duties in occupational safety

A guide for those holding management positions at LMU

 

The LMU is one of the largest educational institutions in Germany and one of the leading research universities in Europe. It therefore has a special responsibility for occupational health and safety and gives it a high priority.

As an institution of the Free State of Bavaria, the LMU has an employer function within the meaning of the Occupational Safety and Health Act and the entrepreneurial function within the meaning of the Social Security Code. The holders of management positions (ILF) who work at it are therefore responsible for the safety and health of their employees and students. Occupational health and safety is a management responsibility. It includes the obligation to carry out all measures that are necessary to protect employees.

The Office for Occupational Safety and Sustainability (AuN) would like to inform you about the responsibilities and duties you have in occupational safety, how you can meet this responsibility and who will support you in doing so.

 

 

Who is responsible for occupational health and safety?

Who has employer / business responsibility at LMU?

When is a delegation of employer / company obligations legally effective?

Obligations of the holders of management positions

Legal consequences (liability)

Who supports managers of management positions in the performance of their duties?

further reading

Regulations cited

 

 

Who is responsible for occupational health and safety?

"The employer is obliged to take the necessary occupational health and safety measures, taking into account the circumstances that affect the safety and health of employees at work "(Section 3, Paragraph 1 of the Occupational Safety and Health Act).

"TheEntrepreneur is responsible for the implementation of the measures to prevent accidents at work and occupational diseases and for the prevention of work-related health hazards ”(Section 21 (1) of the Social Code VII).

Who has employer / business responsibility at LMU?

In addition to the President and the Vice-President for economic and personnel administration, the Holders of management positions (ILF) the employer / entrepreneur responsibility. ILF are:

  • Deans, heads of departments, heads of scientific or non-scientific institutions, professors;
  • Course leader in performing this function;
  • Persons who have been expressly assigned responsibility for an individual area (e.g. laboratory, workshop, internship).

Responsible manager is also someone who has at least one employee - even if only temporarily - authorized to issue instructions is. Anyone who is authorized to issue instructions must also ensure the safety and health of those bound by instructions (duty of care).

When is a delegation of employer / company obligations legally effective?

  • The delegation of duties and powers must written take place and be signed by the agent (§13 Abs. 2 ArbSchG, §13 GUV-V A1).
  • Next to the Area of ​​responsibility are those too Powers to transfer, which are necessary for the performance of the assigned tasks (§13 GUV-V A1).

There is one at LMUForm for the transfer of employer / company obligations in occupational safety.

The Management responsibility remains with the transferor. This includes in particular

the responsibility for the selection of suitable, competent and reliable persons; the control of whether the assigned duties are fulfilled.

A further transfer of duties and powers by the employees to relatives of their associated staff is not permitted.

Obligations of the holders of management positions

The employer must take all necessary occupational health and safety measures, check the effectiveness of the measures taken and adapt the measures to changing circumstances (Section 3 (1) ArbSchG).

In order to plan and implement these measures, the employer has to ensure a suitable organizational structure and process organization ("court-proof organization"), provide the necessary resources and take precautions so that the measures are observed in all activities (Section 3 (2) ArbSchG).

Holders of management positions must take or initiate measures in accordance with the occupational safety regulations in their area of ​​responsibility on their own responsibility.

You must in particular

  • Carry out risk assessments (Section 5 (1) ArbSchG),
  • Create operating instructions,
  • Carry out instructions,
  • determine which protective measures are to be taken for all activities
    (e.g. wearing personal protective equipment),
  • eliminate unsafe conditions,
  • in the event of significant immediate danger, have work stopped immediately,
  • check whether the employees are able to carry out the tasks assigned to them in a safe manner (§7 ArbSchG),
  • Adhere to all occupational health and safety regulations yourself (role model function),
  • Complain about misconduct by employees,
  • Check the effectiveness of the protective measures taken and adjust them if necessary.

ILF must check whether the occupational health and safety regulations are observed and whether the employees behave in a safe manner. If measures are to be taken that go beyond the powers of the ILF, the responsible supervisor or the central university administration must be informed.

The labor protection law lays down Minimum requirements that cannot be restricted or excluded by the employer unilaterally or by mutual agreement with the employee.

Legal consequences (liability)

If the employer / entrepreneur or the holder of management functions does not meet their legal obligations, they must expect legal consequences.

More information...

Who supports managers of management positions (ILF) in the performance of their duties?

1) Safety officer

The legislator obliges entrepreneurs (or ILF) to appoint safety officers (§22 SGB VII). The safety officers have the task of supporting the company or the ILF in all occupational health and safety measures. This contains:

  • draw attention to accident and health hazards,
  • work to ensure that risk assessments and operating instructions are drawn up and instructions are carried out,
  • work towards ensuring that prescribed protective devices are in place, functioning, tested and used,
  • work towards ensuring that sufficient personal protective equipment (PPE) is available and used,
  • take part in site inspections,
  • Investigate the causes of accidents and near misses,
  • Suggestions for improving the safety and health of employees in the workplace,
  • Advise colleagues on all questions of occupational safety,
  • close cooperation with the responsible specialist for occupational safety, the company doctor and the staff council.

At the LMU there is a form for the appointment of safety officers.

2) Occupational safety specialists

Specialists for occupational safety are appointed to the staff unit AuN of the central administration (responsibilities). They advise and support the owners of management positions in all questions of occupational safety, in particular with

  • the implementation of risk assessments,
  • the creation of operating instructions,
  • the implementation of instructions,
  • the assessment of whether the organization of occupational safety is adequately regulated,
  • assessing the need for technical safety equipment,
  • the selection of personal protective equipment (PPE).

AuN provides information on occupational health and safety, biological safety, fire protection, hazardous substances, hazardous goods transport, radiation protection, waste disposal, and environmental protection on its website and offers training in this regard.

3) The company medical service

The company medical service advises superiors and employees of the university and supports them in all questions of medical occupational safety. In particular, it performs the following tasks:

  • Carrying out occupational medical check-ups,
  • Plant and workplace inspections,
  • Advice on maternity leave,
  • Improvement and enforcement of skin protection,
  • Implementation of occupationally necessary vaccinations,
  • Advice and examination of employees who see a connection between their illness and their professional activity.

Further information is available on the website of the company medical service.

4) The staff council

The staff council is consulted by the head of the department and the other responsible occupational safety actors in all questions and matters relating to occupational safety and accident prevention (Bay PVG Art. 79).

Furthermore, according to Art. 75, Paragraph 4, Clause 7, the staff council has to have a say in the appointment and dismissal of specialists for occupational safety and safety officers.

Further information is available on the website of the staff council.

further reading

BG Handel und Warendistribution (Ed.): Responsibility in occupational safety. Legal Obligations and Legal Consequences (2011).

 

Regulations cited