KANBrief 1/12
A core element of the Joint German OSH Strategy (GDA) is the statutory obligation to produce a coherent body of rules and regulations. The guiding principle is that state regulations and the body of regulations produced by state committees are primary instruments for the promotion of workplace safety and health. In view of this principle, what is the relevance of the body of rules and regulations produced by the German Social Accident Insurance institutions?
Accident prevention regulations (UVVs) are binding autonomous legislative measures which may be developed by the German Social Accident Insurance institutions in accordance with Section 15 of the SGB VII (German Social Code) in order to set out measures for the prevention of occupational accidents, occupational diseases and work-related health hazards (The statutory basis is Section 15 of the German Social Code SGB VII, reformulated by the law on modernization of the accident insurance system (UVMG)). Under the new arrangements governing the body of OSH rules and regulations (refer also to KANBrief 1/12), UVV accident prevention regulations may now be issued only where appropriate and necessary for the purpose of prevention and where provisions are not made in state OSH regulations in the areas described in Section 15 of SGB VII.
UVVs may be developed in the areas in which state OSH regulations are not directly applicable (for example for persons who are insured voluntarily, and in some cases for schoolchildren and students), or in which the state legislation leaves the task of substantiation to the accident insurance institutions, as for example in the case of DGUV Regulation 2 (DGUV Regulation 2 governing company physicians and OSH professionals). Cases are also conceivable in which the state legislation formulates requirements only in general terms and for which no state committee exists with responsibility for the necessary substantiation (such as personnel requirements for first aid). A UVV may likewise be appropriate when a hazard situation with tightly constrained scope exists in a particular sector which would be too specific for protective measures to be defined in the body of state rules and regulations.
UVVs are developed in consultation with the responsible federal ministry and regional authorities according to a procedure set out in legislation and agreements. UVVs enter into force, becoming directly binding for the member companies of an accident insurance institution and the insured individuals, only when published in the form set out in the charter of the accident insurance institution concerned. UVVs remain in force until explicitly repealed. The accident insurance institutions are currently reviewing whether existing UVVs are still needed or whether they should be adapted or repealed.
Rules, Informative Publications and Principles
Below the level of the binding charter, the accident insurance institutions are free to draw up specific guides to support companies in satisfying the (abstract) state OSH regulations and/or UVVs (Derived from Section 14 of the German Social Code SGB VII, according to which the German Social Accident Insurance institutions must use all suitable means to assure the prevention of occupational accidents, occupational diseases and workrelated health hazards).
In areas in which German statutory ordinances do not make provision for state committees or in which the responsible federal ministry has not identified any need for a state rule, the accident insurance institutions may issue substantiating Rules. Rules may also be issued governing groups of persons which do not fall within the scope of the state OSH regulations. In contrast to UVVs, Rules are not legally binding, but have the function of recommending specific measures by which obligations in the area of occupational safety and health may be met. They are developed by the DGUV prevention committees with the participation of the individual accident insurance institutions, the social partners, the German federal government and regional authorities, manufacturers, operators, and other stakeholders (the drafting procedure is set out in the new DGUV Principle 401 governing the DGUV's divisions and subdivisions), and formulate accepted good practice.
In the future, Sectoral Rules will constitute an essential instrument. These combine the state rules with sector-specific provisions, and extend them, for example with experience and knowledge gained by the accident insurance institutions, and with aspects of the promotion of good health. Sectoral rules constitute an overall compendium covering the tasks, workplaces or working procedures for the companies in a particular sector.
Informative Publications also contain nonbinding guidance and recommendations for certain sectors, tasks and target groups. They are not drafted according to the formalized procedure applicable to Rules, but can be issued independently by any of the statutory accident insurance institutions.
Principles formulate standards for certain procedural issues, such as the consistent performance of tests. Where Principles are adopted by the Members' Meeting of the DGUV, they are binding upon the DGUV's members, i.e. the accident insurance institutions, in accordance with the charter provisions.
Marcus Hussing