Duty to instruct - what employers absolutely need to know
Duty to instruct is a central component of occupational health and safety. Employers are obliged to instruct employees regularly, comprehensibly and verifiably. We show you which legal requirements exist, which topics are involved and how digital solutions make implementation easier.
At secova, we know that instruction obligations are among the topics people tend to put off. But they are a central part of occupational health and safety. Employers must instruct their employees regularly and clearly and also ensure that everything is fully documented. If you are well organized here, you not only protect your employees, but also your own company from legal problems.
The legal basis with regard to the duty to instruct is clearly regulated. Instruction is mandatory before starting a job, regularly – usually once a year – and on an ad hoc basis, for example after an accident or when using new work equipment. The most important topics include occupational health and safety and company safety rules, fire protection, hazardous substances, handling machinery and equipment, PPE, ergonomics, hygiene, data protection and IT security. The topic of AI is also playing an increasingly important role, meaning that certain obligations must be met under the EU AI Regulation.
It is important that every instruction is documented in a comprehensible manner. Names, contents and dates should be recorded to be on the safe side in the event of audits or incidents.
With sam® from secova, you can fulfill your instruction obligations easily and efficiently. Topics are managed centrally, reminders run automatically, content is comprehensible and available on mobile devices, and all evidence is stored in an audit-proof manner. This way, everyone keeps an overview and you can rest assured that everything is regulated with a high degree of legal certainty.
Legal basis of the duty to instruct
The obligation to provide instruction arises from the Occupational Health and Safety Act (§ 12 ArbSchG), the Industrial Safety Ordinance, the Hazardous Substances Ordinance and DGUV regulations, among others. It applies to all employees – regardless of their type of employment or length of service.
- Before starting work (initial instruction)
- Regularly recurring (usually annually)
- Occasion-related – e.g. following accidents, new work equipment or process changes
Which topics are included in the instruction obligations?
Instruction must always be based on the hazards in the workplace. Typical compulsory topics are:
- General occupational health and safety & Company safety rules
- Fire protection and behavior in an emergency
- Hazardous substances and chemical safety
- Machine & Device safety
- Personal protective equipment (PPE)
- Ergonomics and health protection
- Hygiene- & Infection protection
- Data protection & IT security
Verification and documentation
Instructions are only effective if they are documented. These include:
- Name of the participants and the instructor
- Date and duration of the instruction
- Content and materials taught
- Results of the learning check / knowledge query
Missing evidence can lead to considerable legal consequences in the event of audits or incidents.
Efficiently fulfill instruction obligations with sam® from Secova
With sam®, instruction obligations are not only fulfilled, but also sustainably documented. Advantages:
- Central management of all instruction topics
- Automatic reminders and repeat intervals
- Comprehensible content – always available on mobile devices
- Learning assessments with documented results
- Audit-proof evidence for internal and external audits
Further contents
FAQ on instruction obligations
Who is responsible for instruction obligations?
The employer bears the responsibility, but can appoint managers or experts to carry out the work.
How often must instructions be given?
At least once a year and additionally on special occasions (new work equipment, incidents, process changes).
What happens in the event of breaches of instruction obligations?
Missing or inadequate instructions can result in fines, liability risks and, in serious cases, criminal prosecution.
Fulfilling instruction obligations safely – we support you
With sam® from Secova, you can implement instruction obligations efficiently and verifiably – for safety, quality and legal compliance in your company.