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Legal security

Risk assessment and documentation are prescribed as legally binding. With the implementation of the risk assessment you are able to take the necessary measures for occupational safety and health and to reliably document them. With the documentation of the risk assessment you satisfy the statutory requirement under the Occupational Safety and Health Act and can at any time present the results of the measures you lay down for inspections by the competent authorities. In cases of damage you can demonstrate what occupational safety and health measures have been laid down for your workers.

Note: Violations of obligations will not be without consequence. If there is a suspicion of grossly negligent behaviour on the part of the employer, for example, he may incur consequential costs for a lawyer, court proceedings, compensation and an administrative fine.

But the conduct of the risk assessment is not only important for the employer. Workers can also profit from its mandatory implementation. Where there are disputes in particular the risk assessment can be used as evidence of hazards at their workplace. In the final analysis such evidence may be crucial when it comes to insurance claims relating to restoration of the workers' health and efficiency or to compensation for surviving dependents. This aspect should motivate each worker to actively participate in the conduct of the risk assessment and to comply with the measures arising from the assessment. He should be aware that what is involved primarily is his safety, his health and his rights.

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