FAQs Archive - Page 5 of 9

Q: What are the penalties for violations?

In GERMANY , companies that fail to comply with their obligation to carry out a mental health risk assessment can face considerable penalties: Fines: Fines of up to 25,000 euros may be imposed for non-compliance with the legal requirements Criminal consequences: In the worst case, the managing director may be personally liable under criminal law . This can lead to prison sentences of up to one year or correspondingly higher fines. Other possible consequences: Discontinuation of the affected area of work, recourse claims by insurance companies in the event of an accident at work These penalties are usually only imposed after the company has been requested by the competent authority to carry out the risk assessment and has not complied with this request within a set period of time AUSTRIA: Failure to carry out an evaluation of psychological stress in Austria can result in the following penalties in accordance with § 130 Para. 1 Z 5 ASchG : First offense: fine of € 166 to € 8,324 Repeat offense: fine from € 333 to € 16,659

Q: Who monitors compliance with the legal requirements?

In Germany , trade supervisory offices or supervisory authorities of the respective federal states are responsible for monitoring compliance with the Occupational Health and Safety Act, including the psychological risk assessment. They carry out inspections and check the occupational health and safety measures in companies. On the other hand, accident insurance institutions (e.g. employers' liability insurance associations ) play an important role, as they not only monitor compliance with the regulations, but also offer advice and training on risk assessment. They can impose sanctions in the event of violations. In Austria , the labor inspectorate is primarily responsible : As the central authority that monitors employee protection, it checks whether companies carry out risk assessments, including mental stress, properly. In the event of violations, the labor inspectorate can take measures or impose fines. Both countries rely on a combination of inspections and preventive measures to ensure that the risk assessment is carried out properly.

What happens if there is no risk assessment?

Vero Neubacher2024-12-10T16:36:37+01:00December 10, 2024|PERSENTIS Care|

Companies that do not carry out a risk assessment for mental stress risk legal consequences. Depending on the severity of the .. .

What are the penalties for violations?

Vero Neubacher2024-12-10T15:53:06+01:00December 10, 2024|PERSENTIS Care|

In GERMANY, companies that fail to comply with their obligation to carry out a mental health risk assessment (MHP) can face considerable penalties .

In what form and to what extent must the implementation of the psychological risk assessment be documented?

Vero Neubacher2025-04-15T12:45:55+02:00December 10, 2024|PERSENTIS Care|

The documentation obligation is laid down in the Occupational Health and Safety Act (DE § 5 and § 6 ArbSchG / AT ASchG, § 4 and § 5). According to this, all companies are .. .

When should a risk assessment of mental stress be carried out?

Vero Neubacher2024-12-10T15:13:15+01:00December 10, 2024|PERSENTIS Care|

According to Section 5 of the Occupational Health and Safety Act, the risk assessment of mental stress must be updated "whenever there is a change in working conditions" .

How often must a risk assessment be carried out?

Vero Neubacher2024-12-10T15:07:43+01:00December 10, 2024|PERSENTIS Care|

Every employer is obliged to continuously review and adapt measures to improve occupational health and safety. For the . ..

What exactly are you obliged to do / What is taken into account during an official inspection?

Vero Neubacher2024-12-18T08:12:53+01:00December 10, 2024|PERSENTIS Care|

In the event of an audit, compliance with the above 7 steps and the use of a suitable instrument in accordance with the ISO 10075 standard is checked. The .. .

How do you define survey groups?

Vero Neubacher2024-12-10T14:59:20+01:00December 10, 2024|PERSENTIS Care|

The members of a survey group should carry out comparable activities under similar conditions. The obvious choice here is a grouping in . ..

Who monitors compliance with the legal requirements?

Vero Neubacher2024-12-09T11:12:05+01:00December 9, 2024|PERSENTIS Care|

In Germany, trade supervisory offices or supervisory authorities of the respective federal states are responsible for ensuring compliance with the .. .