Commission external SiFa: Obligation, selection and audit-proof ordering

Under Section 5 of the Occupational Safety and Health Act (ASiG), employers in Germany are obliged to appoint occupational safety specialists in writing as soon as regular employees are employed. The order can be made internally, for example by an employed safety engineer, or externally by an inter-company service or an independent specialist. DGUV regulation 2 specifies the operating times and tasks. Violations of the ordering obligation constitute an administrative offense according to Section 25 ASiG and can be punished with fines of up to 5,000 euros per violation. The personal liability of the management according to § 130 OWiG is more serious if supervisory duties are violated and an accident at work occurs.

This article explains when an external SiFa order makes more economic sense than an internal solution, which tasks can be transferred, how the appointment certificate is formulated in a legally secure manner and what operating times DGUV regulation 2 stipulates for different company sizes and industries. As a compliance platform and officer-as-a-service, CIVAC accompanies the appointment of external specialists with a standardised appointment certificate, operating time calculator, reporting line and audit-proof documentation in the workspace. Licence the workspace for your internal representatives or have our representatives order it. You will find out how you can recognise a reputable external SiFa, which cost models are standard on the market and how you can integrate the mandate into ongoing occupational safety operations.

The obligation to appoint an occupational safety specialist arises from Section 5 ASiG. It takes effect as soon as there are regular employees, including small businesses with only one or two employees. The Occupational Safety Act does not differentiate according to company size, but requires an order in every case. DGUV regulation 2 specifies the modalities: the operating times depend on the care model, industry and risk potential. There is the standard care model for companies with more than ten employees and the alternative care model for small companies with up to ten employees.

SiFa advises the employer on all questions relating to occupational safety, health protection and the humane design of work. It complements the advice provided by the company doctor and participates in the occupational safety committee in accordance with Section 11 ASiG, which is mandatory for 20 or more employees. The order is made in writing, dated and signed by both parties, and must be notified to the works council. In certain sectors such as the construction industry, the chemical industry and the healthcare sector, additional requirements arise from sector-specific regulations.

Violations of the ordering obligation constitute an administrative offense according to Section 25 ASiG. More serious is the personal liability of the management according to Section 130 OWiG in the event of work accidents due to missing orders. CIVAC documents the appointment of the occupational safety specialist in the workspace with an appointment certificate, catalogue of tasks and reporting line. The appointment certificate, signed, filed, verifiable. A missing or incorrect order is the first point in the audit that the professional association checks and the first that becomes relevant in the criminal law context in the event of work accidents. In the event of a dispute, a mere oral mandate without a written appointment certificate is deemed not to have taken place and leads to completely avoidable follow-up costs in claims settlement.

The choice between internal and external SiFa is a question of operating time, qualifications and economic viability. An internal specialist with a full-time position is generally worthwhile for around 200 to 300 employees in industries that are not particularly at risk or for 100 to 150 employees in industry and the construction industry with high risks. Below this threshold, the required working time according to DGUV regulation 2 is not sufficient to fill a full position. The person is underutilized, loses technical relevance in secondary tasks and causes personnel costs that are not covered by the actual occupational safety volume.

An external SiFa is therefore the economically viable answer in most companies with fewer than 200 employees. She brings cross-industry experience, stays up to date professionally through mandates in several companies and receives regular training through the professional association or an inter-company service. The hybrid model with an internal contact person and an external specialist for audits, risk assessments and training is also common and combines the strengths of both models.

CIVAC supports all three models. Licence the workspace for your internal representatives or have our representatives order it. Both variants access the same 490 audit templates, the same operating time calculator and the same reporting line to management. Switching between the models is possible during ongoing operations because the data in the workspace is stored in a multi-client manner and training registers, inspection protocols and action lists are not lost during the transition. This is an often underestimated advantage because models are rarely permanent in practice. Growing companies often change their support model within a period of twelve to twenty-four months, which is why data continuity in the workspace is strategically more important than the choice of the current provider.

DGUV regulation 2 defines the working hours of occupational safety specialists as basic care and company-specific care. Basic support includes basic services such as participation in risk assessments, training and instruction of employees and participation in the occupational safety committee. The working time for basic care is measured in hours per employee per year and depends on the industry. It ranges from 0.5 hours per employee per year in administrative and office tasks to 2.5 hours in particularly high-risk activities such as construction, mining or the chemical industry.

Company-specific support is added and arises from specific occasions such as the introduction of new work procedures, the handling of hazardous substances, the investigation of work accidents or particular psychological stress. Your time is not specified across the board, but can be derived from the catalogue of duties in Appendix 4 of DGUV Regulation 2. An external SiFa must document this working time in a comprehensible manner because the professional association checks whether the minimum time has been provided in the audit. A general number of hours without reference to the employee's field of activity is not audit-proof.

The working time calculator in the CIVAC workspace automatically shows the calculation in accordance with DGUV regulation 2. Entering the industry, number of employees and risk factors results in the minimum annual hours that the mandate must cover. Audit-proof, documented, § 6 ASiG-proof. The calculator is compared with the current industry classifications of the professional associations and is maintained centrally in the event of changes, so that internal and external specialists work with the same assessment bases and there are no contradictory calculations in the audit. The calculation is updated with every employee movement, so that the deployment time reflects the real workforce at all times, instead of following a status from the beginning of the year. In the event of restructuring, takeovers or location openings, the operating time is recalculated and linked to a written adjustment to the appointment certificate so that the mandate formally corresponds to real operations.

The list of tasks of the occupational safety specialist is conclusively regulated in Section 6 ASiG. SiFa advises on the procurement of work equipment and personal protective equipment, on the design of workplaces, on the selection of working materials and on the planning of work procedures. It participates in the risk assessment in accordance with Section 5 ArbSchG without being solely responsible for the content. The employer is responsible for the risk assessment, which is often misunderstood. The SiFa is an advisor, not a decision-maker, and cannot replace the employer in its duties.

Specific areas of activity include regular inspections of the workplace at least once a year, the investigation of work accidents and near-accidents, training employees to work safely, assisting in the introduction of new machines or processes and the evaluation of safety data sheets. The inspection must be documented with the date, area, findings and measures. An external SiFa, which only appears once a year for an hour and is not documented, fulfils the mandate formally, but not in terms of content, and does not provide sufficient substance for an audit by the professional association.

CIVAC provides inspection protocols, training templates, accident reporting forms and a catalogue of measures in the workspace. Others run compliance like a filing cabinet. We run it like software. Every inspection leaves a verifiable trace with the person responsible, the date and the status of the corrective action. In the dashboard, management can see which open measures result from which inspection and which are overdue, without having to create a report. This shifts the focus of the mandate period from reporting to substantive advice. The SiFa gains time for professional work because the platform takes over the formal routines.

The order is made in writing in accordance with Section 5 ASiG. An auditable appointment certificate contains eight mandatory pieces of information. Firstly, the name and job title of the appointed specialist. Secondly, proof of qualifications in accordance with Section 7 ASiG, usually the course at a professional association or an accredited educational institution. Thirdly, the catalogue of tasks with reference to Section 6 ASiG and DGUV regulation 2. Fourthly, the guaranteed working time per year in hours. Fifthly, the organisational connection to the management with a reporting line and freedom to give instructions on technical issues.

Sixthly, the representation regulations in the event of vacation, illness or a change of mandate. Seventh, the powers of the SiFa, such as unrestricted access to workplaces and the opportunity to submit statements to the occupational health and safety committee. Eighthly, the information from the works council in accordance with Section 9 ASiG and a note that the appointment was reported to the works council. If individual mandatory information is missing, the order is formally valid, but is incomplete during checks and can lead to complaints.

The external SiFa may not also be a processor within the meaning of the GDPR when it processes employee data, but must be managed as its own controller or clearly defined contractor. This data protection nuance is overlooked in many appointment certificates and can lead to problems with the data protection officer in the event of a data breach. CIVAC provides a complete template of the appointment certificate with all eight mandatory details and a data protection-compliant design. The auditor calls, the evidence is ready. This standardization shortens the ordering time from two to six weeks to the two working days of the CIVAC SLA and systematically eliminates formal errors in the initial preparation.

The German market for external SiFa services has three remuneration models. The first is the monthly or annual flat rate with a defined working time, common for inter-company services and the professional association itself. The usual market rate is 90 to 150 euros per hour, depending on the region, qualifications and industry. For a company with 80 administrative employees, this results in basic annual care of around 40 hours, i.e. around 3,600 to 6,000 euros net per year. In vulnerable industries with 2.5 hours per employee per year and company-specific support, the amount can increase three to five times with the same number of employees.

The second model is project billing for individual orders such as risk assessments, investigations of major accidents at work or special training. Hourly rates are between 95 and 180 euros net, with travel time and expenses as usual surcharges. The third model is the implementation flat rate for the initial initial installation with ordering, initial inspection, initial training and risk assessment as a basic package. This is between 2,500 and 9,500 euros depending on the size of the company and the industry.

CIVAC works with a transparent licence for the workspace and a separate ordering fee for the officer-as-a-service variant. The price logic is publicly documented and does not contain any hidden surcharges for standard inspections or accident reports. The CIVAC SLA of 2 working days replaces the classic response window of 2 to 6 weeks, which is still accepted in many SiFa mandates. Don't compare hourly rates, but rather contract services, response times and the depth of delivery for inspections, training and reports. The difference between formal and practical care is decided in the contract. A flat rate that includes special expenses such as accident investigations free of charge is a real flat rate; everything else is a hidden hourly billing.

The selection of an external occupational safety specialist follows five criteria. Firstly, the formal qualification in accordance with Section 7 ASiG: completed SiFa course at a professional association or an accredited educational institution, regular further training to the extent of the DGUV recommendation. Secondly, the industry expertise: a SiFa for office operations will not be sufficient in a paint shop or a warehouse with high-bay systems because the risk patterns are completely different and specific regulations such as the noise and vibration occupational health and safety regulations or the hazardous substances regulations must be weighted differently.

Thirdly, the availability: an external SiFa must be reachable within a reasonable period of time, on site within 24 hours in emergencies and within the agreed response time during ongoing operations. Fourthly, the ability to speak to management and the works council: a SiFa that cannot translate its observations into a decision-making template will not be effective in the occupational health and safety committee. Fifthly, compatibility with the existing structures, such as the company doctor, the fire protection officer and the hazardous substances officer.

CIVAC selects its officer pool according to these five criteria and assigns mandates according to industry and risk exposure. If the assigned specialist changes, a structured handover takes place with a handover protocol in the workspace. The platform also ensures that the mandate does not depend on a single person: in the event of illness or vacation, a documented representative with access to the same inspection protocols, training registers and action lists takes over. This reduces the key person risk, which regularly leads to gaps in the mandate in classic individual mandates. Even if the assigned specialist is ill for a long period of time, care remains available without interruption because the substitute and main person can access the same data status. Management benefits from this in two ways: the formal obligation to order remains fulfilled and the content of the mandate remains traceable.

The external SiFa rarely works in isolation. It is part of a network consisting of a company doctor in accordance with Section 2 ASiG, fire protection officers in accordance with the state building regulations and DGUV Information 205-003, hazardous substances officers in accordance with Section 6 GefStoffV and, if necessary, radiation protection or water protection officers. An efficient setup coordinates these roles in the occupational health and safety committee and avoids duplication of work. An external specialist is often mandated for several of these functions, as long as the qualifications are available and the tasks are not mutually exclusive.

The dual assignment of a person as SiFa and Fire protection officer is possible and common in medium-sized companies, provided the time resources and qualifications are sufficient. The combination of SiFa and company doctor is not permitted because the tasks are technically different and cannot replace each other. The combination of SiFa and data protection officer is possible, but must be checked carefully because both roles can overlap in the evaluation of IT workplaces.

CIVAC maps this role matrix in the workspace and makes double assignments visible with their consequences for operational time. Anyone who appoints the same person three times without adding up the working times risks an immediate complaint from supervisors. Others run compliance like a filing cabinet. We run it like software. The platform reminds you of the annual duties per role and the training and further education deadlines, so that the person does not lose their qualifications due to a forgotten refresher and the appointment is therefore formally no longer valid. Missed further training is a frequent reason for complaint in repeat audits by the professional association. Anyone who combines several roles in one person should therefore manage the training requirements for each role separately and not document them in a common block, which obscures the role specifics.

Ordering an external SiFa is the first step, not the goal. A resilient occupational safety company needs an appointed specialist, a functioning occupational safety committee, a current risk assessment, documented inspections, regular instructions and a catalogue of measures with responsibilities and deadlines. These six elements form the minimum standard that the professional associations use in audits. Anyone who can't keep one of them will stand out, regardless of the quality of the others.

CIVAC is a compliance platform and officer-as-a-service with workspace, 490 audit templates, appointment certificates, reporting lines and EU data residency. Licence the workspace for your internal representatives or have our representatives order it. External occupational safety specialists receive a preconfigured set with an appointment certificate, operating time calculator, inspection protocols, training register and catalogue of measures. The auditor calls, the evidence is ready. The CIVAC SLA of 2 working days replaces the classic response window of 2 to 6 weeks.

If you order an external SiFa for your company for the first time, check an existing order for audit security or want to switch from an internal to a hybrid model, we will clarify this in a structured initial consultation. Turn reading into an assignment. Write to info@civac.de or use the contact form to arrange an initial assessment of your current occupational safety setup. You will receive a concrete list of gaps, a suggested deployment time in accordance with DGUV regulation 2 and a rough indication of the monthly costs per operating model, so that the decision between internal, external and hybrid setup can be made with reliable figures in the next quarter. If requested, we can accompany the first inspection and the first occupational safety committee in the same quarter, so that the operational effectiveness is not postponed until the following year.