Which instructions are required by law?
Short answer: By law, all instructions that are necessary for employees to perform their work safely are required.
The Occupational Health and Safety Act does not prescribe a fixed list of individual instructions. The existing risk is always decisive. As soon as work equipment, processes, hazardous substances or special environments are used, there is an obligation to provide instruction. This results, among other things, from the risk assessment.
Important: “Prescribed” practically means: As soon as a risk exists (work equipment, process, hazardous substances, environment), you need instruction + proof.
More information: Which mandatory instructions are required by law?; DGUV Regulation 1 – Accident Prevention Regulation (Principles of Prevention)
Software recommendation: Instruction software with instruction system – plan mandatory instructions in our instruction software in a structured manner, assign them specifically, and generate documentation cleanly and comprehensibly.
How often do instructions need to be carried out?
Short answer: As a rule, instructions must be given at least once a year – and always on an ad hoc basis.
Annual repetition is the minimum standard. In addition, instructions are always required when working conditions change. These include new activities, new work equipment, organizational changes or new employees.
Practical rule:
- New employees or transfer: immediately
- Changes to activity or work equipment: immediately
- Regular repetition: at least annually
More information: Duty to instruct explained clearly
Software recommendation: Instruction system – automatic repetitions, reminders and clear status overviews ensure that deadlines are not missed.
Who is responsible for providing instructions?
Short answer: The responsibility for instruction always lies with the employer.
The employer can delegate the execution to managers or competent persons. However, the legal responsibility remains with the company. Without clear responsibilities and documented evidence, there is a considerable liability risk in the event of damage.
Typical mistake: Delegation without clear responsibility + without proof.
More information: Responsibilities & Organization in occupational health and safety
Software recommendation: sam EHS basic system – centrally control tasks, responsibilities, and proof so that delegation does not end in “fog”.
Who is authorized to conduct instructions?
Short answer: Instructions may be carried out by competent persons.
These can be managers, safety officers or occupational safety specialists. The decisive factor is not the position, but the professional aptitude and the ability to convey content in an understandable way and to answer questions.
More information: Who is authorized to conduct instructions? Basics & content
Software recommendation: Qualification management / qualification matrix – ensure that instructors are professionally qualified and that qualifications remain transparent and verifiable.
Are online instructions permissible?
Short answer: Yes, online instructions are permitted if they are carried out in a comprehensible and documented manner.
Digital instructions are permitted, provided that participation, content and understanding can be proven. The opportunity to ask questions is particularly important. Without documentation, online instructions lose their probative value in an emergency.
Important in practice: Online is not “worth less”, but without proof it is worthless in the event of a dispute.
More information: Are online instructions permissible? What matters in practice
Software recommendation: Foster instructions – digital instructions with traceable participation, comprehensible content, and accurate documentation.
Do instructions have to be documented?
Short answer: Yes, the documentation of instructions is mandatory.
Without documentation, instruction is deemed not to have taken place in case of doubt. Proof is crucial in the event of inspections by the authorities, accidents at work and liability issues.
More information: Documentation & Records in occupational health and safety
Software recommendation: Document management – store training certificates centrally, in a structured and audit-proof manner so that they can be found immediately in an emergency.
How long must proof of instruction be kept?
Short answer: Proof of instruction should be kept for as long as it is relevant for liability and verification purposes.
In practice, this often means several years, especially in the case of hazardous activities or long-term health risks. Digital solutions make structured and audit-proof archiving much easier.
Software recommendation: Document management – clearly map retention obligations, archive versions of evidence and present them quickly for audits.