External ASiG support: Safety-related support in accordance with § 5 and § 6 ASiG

The Occupational Safety Act (ASiG) of December 12, 1973 obliges every employer with at least one employee to appoint an occupational safety specialist in accordance with Section 5 and a company doctor in accordance with Section 2. The specific operating times are regulated by DGUV Regulation 2 of January 1, 2011, depending on the industry, number of employees and risk situation. A lack of ASiG support is subject to a fine in accordance with Section 209 SGB VII and can jeopardize insurance coverage in the event of damage.

Anyone who purchases ASiG support externally can, according to DGUV regulation 2, choose between standard support (basic and company-specific support) and alternative support (entrepreneur model), provided the requirements are met. This article shows the models, the operating times, the interfaces for risk assessment and how CIVAC, as a compliance platform and officer-as-a-service, organises support in a documentation and audit-proof manner.

The ASiG obliges the employer to provide safety-related care by an occupational safety specialist (Sifa) in accordance with Section 5 and occupational health care by a company doctor in accordance with Section 2. Both functions must be appointed independently of one another, both in writing, both with a defined list of tasks.

The Sifa in accordance with Section 6 ASiG advises the employer on all questions of occupational safety, inspects systems and work equipment, investigates accidents and supports the risk assessment according to § 5 ArbSchG. She is not bound by instructions in technical questions.

The company doctor in accordance with Section 3 ASiG takes care of occupational health care, advises on workplace design, supports integration management and keeps the preventative care file. He is also exempt from technical instructions.

The order must be documented in writing in accordance with Section 9 Paragraph 3 ASiG. The occupational safety specialist receives an appointment certificate with tasks, authorities and working hours. Without this document, the appointment is formally invalid.

The ASA (occupational safety committee) according to Section 11 ASiG must be formed with 20 or more employees, meets quarterly and consists of the employer, two works council members, Sifa, company doctor and safety representative.

Documentation of the ASA meetings is mandatory and is part of the audit evidence for official audits or ISO 45001 certifications.

DGUV regulation 2 distinguishes between two care models. Standard care includes basic care with fixed working hours per industry and company-specific care based on the individual risk situation.

The alternative needs-based care (entrepreneur model) is only permitted for up to 50 employees. The employer takes part in training courses and receives random support from Sifa and the company doctor. The prerequisite is industry-specific training from the responsible professional association.

The basic care in the standard model is calculated from working hours per employee: 0.2 to 2.5 hours per year per employee, divided between Sifa and company doctor in accordance with Appendix 2 DGUV regulation 2. The employer can determine the division of Sifa/company doctor within the framework.

The company-specific care is determined according to Appendix 4: Six areas of responsibility (Risk assessment, examinations, concept of measures, information and communication, participation in the company, company health promotion) are multiplied by factors.

The division between Sifa and company doctor is project-related. Anyone who introduces a new shift model will need more occupational medical advice, and anyone who buys a new machine will need more safety-related advice.

The company doctor provides the occupational health component here, ideally with a connection to the preventative care file and BEM management.

DGUV regulation 2 assigns each company to one of three care groups according to the WZ key. Group I (high risk) includes construction, mining, chemicals, metal processing with 2.5 hours per employee per year. Group II (medium risk) is 1.5 hours. Group III (low risk) at 0.5 hours.

The division between Sifa and company doctor is based on Appendix 2 DGUV V2 and varies depending on the industry. A split of 0.3 hours of Sifa and 0.2 hours of company doctor per employee per year in Group III is usual.

For small businesses with up to 50 employees, the minimum working time according to Appendix 2 is often so short that the entrepreneurial model makes sense as an alternative. The prerequisite is that the employer participates in BG motivational and information training.

Company-specific support comes on top of that. It is agreed between the employer and Sifa/company doctor and documented in the care contract. Usual occasions: new construction, new machines, workplace redesign, increased number of accidents.

The distribution of working time over the year is flexible, but must be verifiable. Timesheets, report folders and ASA meeting minutes are the usual receipts.

The records must be kept for at least five years, in practice longer because receipts are requested years later in the event of claims or occupational illnesses.

External ASiG support is permitted and is the most efficient solution in many industries. The prerequisite is the qualification: Sifa according to Appendix 3 DGUV V2 (safety engineer, safety technician or safety master with training according to § 7 ASiG) and a company doctor with a specialist title in occupational medicine or an additional qualification in industrial medicine.

The care contract must regulate the working times, the tasks, the representation arrangement, the contact person, the connection to the ASA and the reporting obligation. Flat-rate contracts without an hourly quota are difficult to audit in practice.

Representation is important. In the event of illness or vacation, a qualified replacement must be available within a reasonable time. Representation within 48 hours is standard practice, longer waiting times endanger the fulfilment of duties.

The reporting obligation includes annual reports, ASA contributions and ad hoc reports on accidents or inquiries from authorities. The report is sent to the management in writing; reading it out in the ASA does not replace the written form.

External orders are documented by a written appointment certificate that specifies tasks, working hours and reporting channels. The contract with the consulting firm is the second pillar, the person's appointment certificate is the first.

Licence the workspace for your internal representatives, or have our representatives order it. CIVAC delivers occupational safety specialist and company doctor as officer-as-a-service with a CIVAC SLA of two working days.

The risk assessment in accordance with Section 5 of the ArbSchG is the responsibility of the employer. Sifa and the company doctor support him, but do not replace him. Anyone who delegates the risk assessment to Sifa without taking responsibility for it risks violating their supervisory duty in accordance with Section 130 OWiG.

The assessment must be updated in relation to the work area, at least in the event of significant changes and after incidents. It must be documented in writing, the measures must be chosen according to the STOP principle (substitution, technical, organisational, personal).

The ArbStättV supplements the ASiG obligations with requirements for work spaces, lighting, climate, noise and computer workstations. Violations are subject to a fine in accordance with Section 9 ArbStättV.

The BetrSichV supplements requirements for work equipment, system inspection, and the requirement to obtain permission for systems requiring monitoring. Anyone who operates a lifting platform, printing system or elevator must coordinate the tests.

The DGUV regulations of the respective professional association specify industry-specific requirements. Anyone working in the construction industry checks BG BAU regulations, in the pharmaceutical sector BGW, in the metal industry BG ETEM.

These interfaces are bundled in the workspace so that Hazardous substances officer, fire protection officer and Sifa reference the same documents.

The state occupational safety authority (trade supervisory authority, occupational safety office) checks the ASiG orders, the operating times and the risk assessment. LASI's main activities are sector-related, such as construction, care or logistics.

The responsible professional association also checks the DGUV regulations. Anyone who receives an initial inspection or a key inspection should have appointment certificates, timesheets, ASA protocols and risk assessments to hand.

Typical checkpoints: completeness of the order, proof of deployment time, ASA meeting minutes, precautionary file, first aid organisation, safety officer according to § 22 SGB VII (from 20 employees).

Frequent findings: missing or outdated appointment certificate, no ASA meetings documented, general risk assessment instead of work area-related, Sifa timesheet only as a total number without assignment to task area.

The fine according to Section 209 SGB VII ranges up to 10,000 euros per violation, combined with orders to rectify defects. In the event of an insured event, the insurance cover may be partially lost if care was negligently omitted.

The auditor calls, the evidence is ready. Or not. The latter takes on average several hours of file searching for each missing document.

In medium-sized businesses, the question of the right childcare hours regularly leads to under- or over-sizing. Anyone who buys hours at a flat rate without knowing what they need will either pay too much or receive too little.

The needs analysis begins with the care group according to the tool key, multiplied by the number of employees. In addition, there is company-specific support according to Appendix 4 with task field factors.

Seasonal fluctuations (large construction sites, shift changes, new hires) should be taken into account in the hourly calculation. A contract with a fixed annual hour without flexibility leads to under-coverage in the peak and over-coverage in the off-peak phase.

External consultancies usually provide packages with basic support plus an hourly quota for company-specific tasks. An hourly rate of 110 to 180 euros net is standard on the market, depending on the region and qualifications.

The combination of internal Sifa part-time work (for daily presence) and external company doctor (for compulsory preventive care) is a common medium-sized business configuration. Anyone who purchases both externally should require a single point of contact to avoid interface losses.

The comparison with classic consulting models is clear: CIVAC SLA of two working days instead of two to six weeks, combined workspace and a fire protection officer from the same source.

Step 1: Take stock. Which industry, which tool classification, which number of employees, which current orders? Which risk assessment exists, which ASA protocols, which precautionary file?

Step 2: Selection of the model. Standard care or entrepreneurial model? If there are fewer than 50 employees and a suitable industry, the entrepreneurial model can make sense, otherwise standard care.

Step 3: Appoint Sifa and company doctor. Written appointment certificate with tasks, working hours, reporting lines, representation. Order must be submitted before work begins, retroactive orders are invalid.

Step 4: Support contract with external service provider. Hourly quota, accessibility, substitution arrangements, reporting requirements, remuneration. ASA participation is mandatory, at least quarterly.

Step 5: Set up workspace. Appointment certificate, timesheets, ASA protocols, risk assessment, precautionary file in an EU-hosted reporting line. So that authority and BG exams can be passed without having to search for files.

Licence the workspace for your internal representatives, or have our representatives appointed. CIVAC provides Sifa and company doctor as an officer-as-a-service, with 25 officer roles available and EU data residency.

ASiG support cannot be delegated, but can be organised. Anyone who manages appointment certificates, timesheets, ASA protocols and risk assessments in several mailboxes loses time and resilience when changing personnel or the next official audit.

CIVAC is a compliance platform and officer-as-a-service. The workspace bundles appointment certificates, time sheets, ASA protocols, precautionary files and risk assessments in an EU-hosted reporting line. 490 audit templates cover ASiG, DGUV regulation 2 and ArbSchG.

Licence the workspace for your internal representatives, or have our representatives order it. In the second model, experienced SIFA and company doctors take over the ordering, ASA participation, the annual report and the ongoing reporting line to the management.

Others run compliance like a filing cabinet. We run it like software. At the next initial inspection by the BG or the trade inspectorate, orders, hours, reports and assessments are available with just two clicks.

Write to info@civac.de or use the contact form on civac.de. In the initial consultation, we clarify the industry, support group, number of employees and whether a licence or mandate is a better fit.

Turn reading into a mandate.