When do I need an occupational safety specialist (SiFa)?

The Occupational Safety Act (ASiG) has required employers to appoint company doctors and occupational safety specialists (SiFa) in writing since 1973. Section 5 ASiG states that the appointment of SiFa is the duty of every employer, regardless of the industry. DGUV regulation 2 “Company doctors and occupational safety specialists”, in force since January 1, 2011, specifies the operating times and differentiates between standard care with basic care and company-specific care as well as alternative needs-oriented care for small companies with up to 50 employees. Violations of the ordering obligation are punishable by fines according to Section 209 SGB VII and Section 130 OWiG.

This article is aimed at management, HR managers and security officers who need clarity about the ordering obligation, operating times and options. You will find out from which number of employees which form of care applies, how you can calculate the working time according to Appendix 2 of DGUV Regulation 2, how the appointment certificate must be structured, which tasks the SiFa takes on according to Section 6 ASiG and how the obligation can be covered internally or externally. CIVAC is the compliance platform and officer-as-a-service for 25 officer roles, including occupational safety specialist. The appointment certificate, signed, filed, verifiable. Licence the workspace for your internal representatives or have our representatives order it. The content is based on the Occupational Safety Act, DGUV Regulation 2 with its appendices 1 to 4, the Occupational Safety Act, SGB VII and the practice of professional associations.

§ 5 ASiG obliges every employer to appoint occupational safety specialists in writing. The obligation applies “to the extent necessary with regard to the type of operation and the associated accident and health risks for employees, the number of employees employed and their composition as well as the company organisation, in particular with regard to the number and type of people responsible for occupational safety and accident prevention”. In practice, this means: Obligation to order from the first employee.

DGUV regulation 2 is the accident prevention regulation of the professional associations and accident insurance funds, which operationalizes Section 5 ASiG. She distinguishes between two models. Model 1: Regular care with basic care (fixed time according to Appendix 2) and company-specific care (variable according to tasks in Appendix 3). Model 2: alternative needs-based support for companies with up to 50 employees, based on the entrepreneur's training plus event-related deployment.

The Occupational Safety and Health Act (ArbSchG) also applies. Section 3 ArbSchG requires risk assessment, Section 12 requires instruction, Section 13 requires the appointment of those responsible. SiFa and company doctor are the mandatory advisors who support the management in the implementation of the Occupational Safety and Health Act.

Violations of the obligation to order are administrative offenses according to Section 209 Paragraph 1 No. 3 SGB VII and can lead to personal liability of the management according to Section 130 OWiG (breach of supervisory duty). In the event of damage, the professional association also has recourse according to Section 110 SGB VII. The CIVAC role overview shows the SiFa in the family of occupational health and safety officers alongside the company doctor, fire protection officer and hazardous materials officer. Violations can also result in criminal consequences in accordance with Sections 222 and 229 of the German Criminal Code if negligent homicide or bodily harm is determined in connection with a lack of occupational safety.

Standard care is mandatory for companies with more than 50 employees and is optional for smaller companies. It consists of two components: basic support with a fixed working time per employee and company-specific support with variable effort according to the catalogue of tasks.

Basic support assigns each company to one of three support groups, based on the industry classification WZ-08 of the Federal Statistical Office. Group I includes sectors with high risk (construction, steel construction, mining, recycling), Group II medium risk (metal processing, wood, chemicals), Group III low risk (trade, administration, IT services, many office activities). The working time per employee per year is: Group I 2.5 hours, Group II 1.5 hours, Group III 0.5 hours. This time is divided between the company doctor and SiFa according to Appendix 2.

Example calculation for medium-sized companies: 120 employees in Group II result in 180 hours of basic care per year, divided into at least 0.2 hours of company doctor and at least 0.2 hours of SiFa per employee, the rest flexible. This results in at least 24 hours of SiFa use only for basic support, without company-specific support.

The company-specific support according to Appendix 3 arises from specific tasks: new risk assessments, procurement decisions, repeat examinations, audits, training, special events such as conversions or new activities. The effort must be determined in each individual case and documented in writing. The auditor calls, the evidence is ready. - this also applies to the hourly balance of regular care. The division between the company doctor and SiFa is determined by mutual agreement between the employer, representatives and, if applicable, the works council and documented in writing. In the event of a dispute, the professional association will decide upon application. The co-determination of the works council in accordance with Section 87 BetrVG remains unaffected and must be maintained with any change to the order.

For companies with up to 50 employees, Appendix 4 of DGUV Regulation 2 allows an alternative model: needs-oriented support (also called the entrepreneurial model). The support is based on the entrepreneur's training in occupational safety and occupational medicine as well as the use of SiFa and the company doctor as appropriate.

Requirements: written registration with the responsible professional association, participation in a basic training course lasting several days (typically 7 to 14 hours of attendance plus self-study) and refresher training every 5 years. The entrepreneur must take part in the model personally and responsibly; delegation to employees is possible if they complete similar training.

In this model, SiFa only works on an ad hoc basis: during initial consultation, during repeat training, on special occasions such as accidents, procurement of new machines, conversions, new activities or changes in the work organisation. The events are cataloged in Appendix 4. The minimum consultation typically includes one appointment per year plus event-related assignments.

Advantages: lower fixed costs compared to regular support, high level of personal responsibility on the part of the entrepreneur. Disadvantages: high training effort for the entrepreneur, risk of gaps in the meantime, difficult scaling when growing over 50 employees. If the threshold is exceeded, you must switch to regular care. The CIVAC Workspace represents both models, with an appointment certificate, proof of training matrix, event tracker and hourly balance - appointment certificate, signed, filed, verifiable. When switching between models, the data basis is adopted completely, without any breaks. In practice, it is recommended to review the model every two years, especially in the case of growth, location expansion, new business areas or changes in the range of activities with higher risks. The responsible professional association offers supplementary training and consulting services for each industry, the use of which significantly reduces the effort required for alternative support.

The SiFa order is made in writing. Section 5 Paragraph 1 ASiG speaks of a “written order”, in practice this means a signed appointment certificate between the employer and SiFa. The original remains with SiFa, a copy in the company's personnel file or compliance file. In the case of an external order, a service contract is added as the carrier of the order.

Mandatory contents of the appointment certificate: name and address of the employer, name and qualification of SiFa (proof of expertise according to § 7 ASiG), name of the tasks according to § 6 ASiG, scope of application (locations, operating sites), working time per year in hours, reporting line to the management, start of the order, representation regulations, signatures of both parties.

The qualifications of the SiFa is regulated in Section 7 ASiG and includes basic technical training (master craftsman, technician, engineer) plus training to become a specialist in occupational safety (DGUV Sifa training, usually a 12-14 week course with modules, internships and examinations). The training is regulated nationwide and recognised by the DGUV.

The order must be made known to the employees, for example by posting it on the bulletin board, intranet or training. Participation of the works council is provided for in Section 9 ASiG and Section 87 BetrVG; ​​the works council has a right of co-determination in the appointment. When ordering externally, the order is based on the service contract; the appointment certificate is formally issued to the employee by the external service provider and countersigned by the client. Audit-proof, documented, § 5-ASiG-proof. If there is a change in personnel at SiFa, the appointment must be reissued immediately; the replacement regulation takes effect in the meantime. A gap in the order is regularly complained about in audits, even if operational work is actually continuing.

§ 6 ASiG defines the tasks of SiFa as supporting advice to employers, managers and employees on all issues of occupational safety, including the humane design of work. SiFa acts in an advisory capacity, responsibility remains with the management and managers in accordance with Section 13 of the ArbSchG.

Specific tasks: Advice on the planning, execution and maintenance of operational facilities, on the procurement of technical work equipment and the introduction of work processes and working materials; Safety-related inspection of the operating systems and technical work equipment before commissioning and at regular intervals; Observation of the implementation of occupational safety and accident prevention as well as regular inspections of the workplaces; Participation in risk assessments, instruction and investigation of accidents.

SiFa also advises on workplace design, ergonomics, psychological stress, handling hazardous substances, noise and vibration protection, screen work, mobile work, shift work. With the increasing importance of psychological risks (Section 5 Para. 3 No. 6 ArbSchG since 2013), the scope of tasks has expanded to include participation in the psychological risk assessment.

Reporting obligation: The SiFa reports in writing to the management at least annually on the status of occupational safety, inspections carried out, identified risks, status of measures and suggestions for improvement. The report is a mandatory artifact for official supervision and for later clarification in the event of damage. The CIVAC workspace provides a report template that covers all mandatory content according to Section 6 ASiG and is automatically filled out from the inspections, measures and training documented during the year - with versioning and audit-proof storage. An escalation matrix for critical findings to management supplements the reporting system and is mandatory according to Section 8 ASiG. Safety officers in accordance with Section 22 SGB VII (20 or more employees) supplement the SiFa at the operational level with on-site observations.

The choice between internal and external SiFa is an economic and strategic decision. Section 5 Paragraph 3 ASiG explicitly allows external ordering (“inter-company service”). In practice, the choice is worth it depending on the number of employees and the complexity of the location.

Rule of thumb for the small business threshold: Alternative support with external support is sufficient for up to 50 low-risk employees (care group III). Between 50 and 250 employees, the hourly requirement is 25 to 150 hours of regular care per year. The external SiFa is economically superior here because it does not generate any fixed personnel costs and representation is guaranteed. From 250 employees or in multi-site companies, an internal SiFa with a part-time hourly model is often set up, supplemented by external specialist advice.

Cost structure: An internal SiFa with 30 to 50 hours per year with 100 employees cannot be represented as a full-time position, but rather as a 5 to 10 percent job share with a corresponding dual function (typically: master, technician). The external SiFa usually charges based on hours or flat rates, with hourly rates between 95 and 180 euros net depending on the region and specialization.

CIVAC offers both models from a single source: Licence the workspace for your internal representatives or have our representatives order it. In the second model, an externally appointed SiFa takes over the function with an appointment certificate, reporting line to management, inspections, reporting and audit preparation. The CIVAC SLA: 2 working days instead of 2 to 6 weeks classic. The platform integrates the SiFa function with other officers such as fire protection, data protection and hazardous substances, so that the cross-references in occupational safety are not lost. A central list of measures combines all findings from SiFa inspections, fire protection inspections and risk assessments and automatically reports overdue measures to the management.

The operating time is a mandatory part of the appointment certificate and must be recalculated at least annually. The calculation follows Appendix 2 DGUV Regulation 2 for basic support and a task-related estimate for company-specific support.

Practical example A: Trading company with 80 employees, of which 60 are in sales, 15 in the warehouse, 5 in administration. WZ-08 classification retail: care group III (0.5 hours of basic care per employee). Total basic care: 80 × 0.5 = 40 hours, of which at least 0.2 hours are for the company doctor (16 hours) and at least 0.2 hours are SiFa (16 hours), the rest is flexible. Company-specific support: Estimate 30 to 50 hours depending on the occasion (warehouse renovations, new pallet trucks, psychological risk assessment).

Practical example B: Metal processing with 150 employees. Care group II (1.5 hours). Basic care: 150 × 1.5 = 225 hours. SiFa share at least 0.2 × 150 = 30 hours. Company-specific support typically 100 to 200 hours with active production operations, machine changes and audits.

Common pitfalls: Forgotten seasonal and temporary workers count (headcount, not FTE), as do trainees. The support group changes with a change in industry and is often not adapted. If there are several operating locations, the assignment must be checked for each location. The annual hourly balance is a prerequisite for the professional association examination. The clock starts on awareness. The CIVAC platform calculates the operating time at the push of a button and automatically reports changes to the management reporting line. The annual balance sheet is presented as a quarterly report in the hygiene monitoring style, with a target/actual comparison and trend analysis over three financial years. This ensures auditability even if the SiFa changes or the company is transferred. The professional associations provide their own classifications for the sector-tool allocation, the periodic updating of which is mandatory.

The professional associations (providers of statutory accident insurance) check the implementation of DGUV regulation 2 as part of general accident prevention advice and on occasions. The state occupational safety authorities (trade supervisory authority, state office for occupational safety) check compliance with the ArbSchG.

Typical test aspects: Is there an appointment certificate? Is the operating time calculated correctly according to DGUV regulation 2? Is SiFa actually taking action? Are inspection protocols available? Was the annual report prepared in accordance with Section 6 ASiG? Are there risk assessments for all activities? Is the occupational safety committee convened regularly in accordance with Section 11 ASiG (mandatory for 20 or more employees)? Have safety officers been appointed in accordance with Section 22 SGB VII?

Depending on the severity, the results of the test lead to advice, the ordering of measures with a deadline, fine proceedings or, in extreme cases, the shutdown of dangerous facilities. According to § 110 SGB VII, the professional association can also take recourse against the management if an accident was partly caused by a breach of the obligation to order.

Practical example: In the event of damage resulting in serious injury, the public prosecutor regularly queries the appointment certificates, inspection protocols and reports from SiFa. If evidence is missing or the order is incomplete, Section 130 OWiG (breach of supervisory duty) can be applied against managing directors and senior employees, with fines of up to 1 million euros per person. Audit-proof, documented, § 5-ASiG-proof – this is not only legally important, but also operationally crucial. The CIVAC platform bundles all mandatory artifacts and makes them available in the inspection appointment within 60 seconds. In addition, safety officers (§ 22 SGB VII), fire protection officers and hazardous substances officers are listed with an appointment certificate and reporting line, so that all officers are listed transparently in the Occupational Safety and Health Committee. The interface to the professional association and the state trade inspection is regulated via defined communication channels.

The SiFa obligation is not a one-time act, but an ongoing process with an annual balance of hours, inspections, reports and reactions to events. CIVAC bundles these duties as a compliance platform and officer-as-a-service, integrated with the other occupational safety officers.

The first model: Licence the workspace for your internal officers. SiFa receives an appointment certificate template, an operating time calculation according to DGUV regulation 2, an inspection checklist, a report template according to Section 6 ASiG, a register of measures with those responsible and deadlines, a risk assessment library with industry templates, 490 audit templates, EU data residence and client separation. The platform covers 25 representative roles, so that SiFa works in an integrated manner with the company doctor, fire protection officer and hazardous materials officer.

The second model: Have our representatives appointed. An externally appointed SiFa takes over the function with an appointment certificate, reporting line to management, inspections, reporting, advice on procurement and accident processing. The CIVAC SLA: 2 working days instead of 2 to 6 weeks classic. The model is particularly suitable for small to medium-sized companies without internal Sifa capacity as well as for multi-site operations with distributed locations.

Others run compliance like a filing cabinet. We run it like software. The auditor calls, the evidence is ready., with twelve months of history. The platform sends reminders for annual reports, ongoing training courses and due inspections.

Turn reading into an assignment. Write to info@civac.de or use the contact form on civac.de. The initial check of the order requirement and the operating time calculation takes 30 minutes; the result is a concrete list of measures with those responsible and deadlines. The appointment certificate and initial inspection plan will be available within 5 working days. Audit-proof, documented, § 5-ASiG-proof. The platform scales from 10 to 10,000 employees and multiple locations without structural adjustment.