What legal requirements are there for occupational safety and health?
July 19, 2024 | 40,00 EUR | answered by Erika Keck
Dear Doctor,
My name is Andrea Kockel and I have been working as an office clerk in a medium-sized company for several years. Lately, I have been experiencing more and more health issues which I attribute to my workplace. I often suffer from headaches, neck tension, and overall feel very stressed. I am concerned about my health and wonder if my workplace meets the legal requirements for occupational safety. I would like to know what legal requirements exist for occupational safety and whether my employer complies with them.
In my office, there is often a high level of noise as several employees are in one room making phone calls or holding meetings. Additionally, I sit in front of a computer all day without proper ergonomic workspace setup, which contributes to my neck tension. During stressful periods, I am expected to work overtime, further adding to my stress levels.
I have already spoken to my supervisor about my issues, but no concrete measures have been taken to improve the situation. Therefore, I am wondering if there are legal requirements that apply to my workplace and if my employer is obligated to comply with them. I would like to know if there are ways to make my workplace healthier and safer to protect my health.
Thank you in advance for your help and advice.
Kind regards,
Andrea Kockel
Dear Andrea Kockel,
Thank you for your detailed description of your situation and your open words regarding your health issues at the workplace. It is important that you are aware that a healthy workplace is crucial for your well-being and health.
In Germany, there are numerous legal regulations that govern occupational safety and ensure that employees like you can work in a healthy and safe environment. One of the most important laws in this area is the Occupational Safety and Health Act (ArbSchG). This law establishes general principles that the employer must adhere to in order to ensure the safety and health of employees in the workplace. This includes assessing working conditions, establishing protective measures, and providing information and training to employees.
In addition to this, there are specific regulations and guidelines that regulate certain areas of occupational safety, such as the Screen Work Regulation, the Noise and Workplace Regulation, or the Working Time Regulations. These regulations are intended to ensure that workplaces are ergonomically designed, health-hazardous stressors are reduced, and overloads are avoided.
Regarding your specific complaints at the workplace, such as the high noise level, the lack of ergonomic workspace design, and overtime hours, it is important that your employer complies with these legal requirements and takes measures to improve working conditions. You have already taken the right step by discussing your complaints with your supervisor. However, if no concrete measures have been taken so far, you should have the conversation again and point out the legal requirements.
There are various ways to make your workplace healthier and safer, such as purchasing ergonomic office furniture, introducing work breaks, and reducing noise sources. Additionally, you can also take advantage of workplace health promotion programs to actively support your health.
It is important that you do not hesitate to assert your rights as an employee and demand compliance with legal requirements. If your employer does not respond to your concerns, you can also contact the relevant supervisory authority for occupational safety.
I hope that my information is helpful to you and supports you in your concerns. If you have any further questions or need assistance, I am happy to help.
Sincerely,
Erika Keck
