Commission an occupational safety service provider: legal basis, selection criteria, ordering method

According to Section 5 of the Occupational Safety Act (ASiG), every employer must appoint occupational safety specialists in writing. DGUV regulation 2 specifies the operating times and differentiates between basic and company-specific support. Standard care applies to companies with eleven or more employees, smaller companies use the alternative needs-based care with an entrepreneurial model. It is not mandatory to have your own SiFa: Section 19 ASiG expressly allows you to commission an inter-company service.

Practice shows: Many small and medium-sized companies fail less because of the question of whether they need a SiFa, but rather because of the selection of the right service provider and the documentation of the order. This article explains the legal basis, the operating time logic of DGUV regulation 2, the most important selection criteria and the formal ordering process up to audit-proof proof.

The Occupational Safety Act of 1973 is the central standard. Section 5 ASiG obliges every employer to appoint occupational safety specialists in writing as soon as employees are available. The specialist must have occupational health expertise, safety experience and the training required by Section 7 ASiG. The advisory obligations arise from Section 6 ASiG and include advising the employer on all issues of occupational safety and accident prevention.

Section 19 ASiG expressly allows the commissioning of an inter-company service. This means that the path to an external service provider is legally provided for and has the same status as an internal order. Requirement: The service has the necessary qualifications and equipment, and the order is made in writing.

DGUV Regulation 2 has specified the operating times since 2011. It differentiates between companies with eleven or more employees (standard care) and smaller companies (alternative needs-based care). Standard care is divided into basic care with a fixed working time per employee per year and company-specific care, which results from the job profile. § 4 ArbSchG also requires a risk assessment, which the occupational safety specialist helps to prepare.

DGUV regulation 2 assigns companies to three WZ groups, with different basic care times. Group I (high risk, such as construction, chemistry, metal processing) receives 2.5 hours per employee per year. Group II (medium risk, such as manufacturing, wholesale) receives 1.5 hours. Group III (low risk, such as banks, insurance companies, IT service providers) receives 0.5 hours. The division between the company doctor and the occupational safety specialist is at least 0.2 hours per side, the rest is flexible.

Example calculation: A medium-sized mechanical engineering company with 80 employees in Group II has an annual basic care of 80 times 1.5 equals 120 hours. At least 16 hours of this are spent by the company doctor and at least 16 hours by the SiFa. The remaining 88 hours are divided as necessary. The company-specific support comes on top and results from the list of tasks in Appendix 2 of DGUV Regulation 2.

In small businesses with up to ten employees, the alternative needs-based support applies. Here the entrepreneur takes part in training courses and obtains external advice on specific occasions. The prerequisite is participation in an industry-specific entrepreneurial model run by the relevant professional association. Audit-proof, documented, ASiG-proof. Anyone who states operating times without a basis for calculation will fail the BG audit.

The catalogue of tasks results from Section 6 ASiG. The occupational safety specialist advises the employer on the planning of new operational facilities, the procurement of work equipment, the design of workplaces, the use of working materials and the selection of personal protective equipment. It is involved in risk assessments in accordance with Section 5 of the ArbSchG, in company visits and in the investigation of accidents at work.

In practice, this means an annual cycle: inspection of the workplace at least once a year, participation in the meetings of the occupational safety committee in accordance with Section 11 of the ASiG at least quarterly, support in instructing employees in accordance with Section 12 of the ArbSchG, participation in updating the risk assessment and advice on building a safety culture.

External service providers carry out these tasks through regular on-site appointments and written reports. A serious assignment contains an annual work plan with specific inspection and reporting dates, an escalation rule for safety-critical incidents and an end-of-year report with documented hours, inspections, recommendations and open points. The auditor calls, the evidence is ready. - this applies to the appointment certificate as well as the annual SiFa report.

Four criteria are crucial. Firstly, the qualifications: The specialist must have completed the training in accordance with Section 7 ASiG in conjunction with DGUV Regulation 2. Proof is provided via certificates from the training bodies. Industry experience in your own WZ group is an additional selection criterion because risk profiles in construction, chemicals, logistics or IT vary considerably.

Secondly, availability: How quickly is the SiFa ready for use after the contract has been awarded? How quickly does she arrive on site in the event of an incident? Classic lead times are two to six weeks for the initial setup, shorter response times for ongoing support. Thirdly, the reporting line: Who does SiFa report to, in what form, and at what frequency? A written agreement prevents conflicts and creates audit clarity.

Fourth, documentation: What documents does the service provider provide? A full commission includes an appointment certificate, annual work plan, inspection protocols, participation in the risk assessment, ASA protocols, instruction matrices and an annual report. Anyone who relies on pure inspection appointments without structured documentation will have a problem with the BG audit. Others run compliance like a filing cabinet. We run it like software.

The formal ordering process includes seven steps. First: Select the service provider based on qualifications and availability. Secondly: Clarification of the operating times according to DGUV regulation 2 for your own company, including the tool group and number of employees. Third: conclusion of a contract with the service provider, in which the ordering of SiFa is regulated as an obligation of the service. Fourth: Written appointment of the specific person as an occupational safety specialist in accordance with Section 5 ASiG.

Fifth: Information to the works council in accordance with Section 9 ASiG. The works council has co-determination rights when making appointments. Sixth: Information from the responsible professional association. A formal report is not required in all cases, but many BGen expect a report. Seventh: Inclusion in the occupational safety committee and establishment of the reporting line to management.

This route typically takes two to six weeks. CIVAC shortens it to two working days. The compliance platform and officer-as-a-service provides the appointment certificate, annual work plan, ASA protocol template and risk assessment framework in the workspace. Licence the workspace for your internal representatives or have our representatives order it. Both methods fulfil Section 5 ASiG, both are documented in an audit-proof manner.

The occupational safety committee according to Section 11 ASiG is mandatory for companies with more than 20 employees. It meets at least quarterly and consists of the employer, two members of the works council, a company doctor, occupational safety specialists and safety representatives. Items on the agenda include accidents, risk assessments, instructions and new protective measures. Protocols belong in the audit folder.

The risk assessment according to Section 5 ArbSchG is the employer's central duty. It identifies hazards in the workplace, evaluates them and determines protective measures. The SiFa is involved, the responsibility remains with the employer. The assessment must be checked regularly and updated if there are significant changes. § 6 ArbSchG requires the assessment to be documented in an appropriate form.

Instructions in accordance with § 12 ArbSchG take place before starting work and at least annually thereafter. The content includes the hazards in the workplace and the protective measures. The instruction is documented and participation is confirmed with a signature. The appointment certificate, signed, filed, verifiable - the same logic applies to proof of instruction, which is regularly randomly checked in the BG audit.

Violations of the ASiG are punished according to Section 20 ASiG with a fine of up to 5,000 euros per individual violation. Violations of Section 5 ArbSchG are administrative offenses with fines of up to 30,000 euros. The consequences of an accident are much more relevant. If an accident at work occurs and the professional association determines that neither SiFa nor a risk assessment is available, this increases the fine and can lead to claims for recourse.

Personal liability risks for management arise from Section 130 OWiG (breach of the duty of supervision) and, in the event of an accident, from Sections 222 or 229 StGB (negligent homicide, negligent bodily harm). Commissioning an external SiFa does not relieve the management of its responsibility, but it creates a documented chain of advice that can have a relieving effect in criminal proceedings.

Under civil law, employees' claims for damages also apply if they are not covered by statutory accident insurance. In the event of gross negligence or intent, the BG can take recourse in accordance with Section 110 SGB VII. The clean documentation of an ordered SiFa, a current risk assessment and instructions carried out is therefore not a compliance theater, but rather a limitation of liability in practice.

Three constellations clearly speak in favor of the external solution. Firstly: The company is too small to have its own SiFa. A full-time SiFa only pays off if you have several hundred employees. Secondly: There is a lack of qualified personnel with training in accordance with Section 7 ASiG. The training includes several modules over several months and cannot be made up at short notice. Third: Management wants independence. An external SiFa reports without any conflicts of loyalty under employment law.

Three constellations speak for internal ordering. First: high-risk industries such as chemicals, mining or large construction sites where daily presence is required. Secondly: companies with high dynamics, in which risk situations change at short notice and daily coordination is required. Third: Locations with special secrecy requirements, such as armaments or research.

The mixed option is the rule in medium-sized companies: an internal security specialist with inter-company support for special topics and representation. CIVAC covers both models. Licence the workspace for your internal representatives or have our representatives order it. The 490 audit templates, the NIS-2 reporting path for security-relevant incidents and the ISMS according to ISO/IEC 27001:2022 with EU data residency ensure audit-proof documentation in both variants.

If you are looking for an occupational safety service provider, you usually have a specific reason: a BG registration, an upcoming inspection, a change in previous service or a newly recognised obligation. The initial setup includes six building blocks: calculate the tool group and operating time according to DGUV regulation 2, select a service provider, conclude a contract, order SiFa in writing, inform the works council and schedule the ASA meeting with the new SiFa.

CIVAC is a compliance platform and officer-as-a-service for this path. The appointment certificate, annual work plan, ASA protocol template and risk assessment framework are available in the workspace. The ISMS according to ISO/IEC 27001:2022 with 93 controls and EU data residency ensures audit-proof storage. Licence the workspace for your internal representatives or have our representatives order it. The initial setup typically takes two to six weeks, with CIVAC two working days.

Turn reading into a mandate. Write to info@civac.de or use the contact form on civac.de. An initial conversation clarifies the operating time, service provider selection and ordering method, and you will have a signed appointment certificate in your audit folder within a few days.