Health protection in the conciliation committee
From occupational safety and the risk assessment to workload management: health-protection measures are co-determined. This guide gives a neutral overview of the subjects and the role of the conciliation committee.
Legal framework: Section 87(1) no. 7 BetrVG with the ArbSchG
Subject to co-determination are rules on preventing accidents and occupational illness and on health protection within the statutory framework – in particular the Occupational Safety Act (Sec. 5 ArbSchG, risk assessment). Co-determination applies where the employer has discretion in the arrangement. If no agreement is reached, the conciliation committee decides.
Typical content
- Psychological risk assessment
- Risk-assessment methodology (Sec. 5 ArbSchG)
- Workload management & intensity
- Ergonomic workplace design
- Shift & night work – reducing strain
- Health protection for mobile work
- Noise, climate & hazardous-substance exposure
- Prevention of work-related illness
- Emergency & health-protection concepts
If no agreement is reached
Occupational safety requires objectively justified, legally correct measures. As chair, I guide the parties to rules that secure the organisation's ability to act and effectively protect employees.
Briefly answered
The methodology and arrangement of the risk assessment is co-determined where the employer has discretion (Section 87(1) no. 7 BetrVG with Sec. 5 ArbSchG).
It decides on disputed arrangements of occupational-safety measures within the statutory framework – e.g. procedures, measures and their implementation.
More in the guide: Psychological risk assessment · Working time · all guides
A conciliation committee on health protection?
As a neutral chair I guide the parties to effective, legally sound safety arrangements – across Germany.