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Which instructions are required by law?

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Introduction to mandatory instruction, mandatory training, safety instruction, and statutory regulations for employee instruction

In every company in Germany, there are a number of mandatory training courses and mandatory instructions for employees – but which employee instructions are required by law? This question is crucial for you as an employer or responsible person to ensure occupational health and safety and compliance. Statutory regulations such as the Occupational Health and Safety Act or accident prevention regulations stipulate that employees must receive instruction regularly and as required. In this article, you will find out which instruction topics you absolutely must cover, which laws are behind them and how you can meet all requirements efficiently and legally compliant with the digital instruction platform sam® from secova.

 

What questions are we asking ourselves here?
“What mandatory training must employers provide?”
“Legally required employee training: Who is required and when?”
“What safety instructions are required according to the Occupational Health and Safety Act?”
“What mandatory instruction or training is required for employees in occupational health and safety?”
“How often must legally required employee training be carried out?”
“What happens if required employee training is not conducted?”

 

Importance of legally required employee training

Occupational safety instructions are not a bureaucratic obstacle but a key contribution to the safety and health of your employees. They serve to prevent accidents and health hazards and to promote safe behavior. Legislators have recognized that most accidents at work are due to human error.

Employee training is therefore mandatory as a preventive measure. For you, this means that through regular mandatory training and instruction, you impart important knowledge, reduce the risk of accidents and create trust among your employees that their safety is taken seriously. You also fulfill your duty of care as an employer and avoid legal consequences due to missing or inadequate instruction.

Legal basis: Important laws and regulations

Several laws and regulations stipulate which instructions must be given and at what intervals. Here is an overview of the most important legal bases in Germany that are relevant for instruction obligations:

  • Occupational Health and Safety Act (ArbSchG): The ArbSchG obliges employers to provide employees with sufficient and appropriate instruction on health and safety at work. Instruction must be given on recruitment, changes in the area of responsibility, the introduction of new work equipment or technologies and in the event of new hazards. It must also be repeated regularly if necessary, which in practice usually means at least once a year (source: DGUV)
  • DGUV Regulation 1 (Accident Prevention Regulation “Principles of Prevention”): This regulation of the employers’ liability insurance associations specifies the ArbSchG. It stipulates that instructions must be given at least once a year, regardless of whether hazards have changed or not.
  • Ordinance on Industrial Safety and Health (BetrSichV): The BetrSichV requires that employees receive activity-related instruction before using work equipment (machines, tools, etc.) for the first time. Regular refresher trainingmust then be carried out – at least once a year –and recorded in writing. This obligation applies to all work equipment, from simple hammers to complex machines, whereby the scope and depth of the instruction can be adapted to the risk (source: komnet.nrw.de).
  • Hazardous Substances Ordinance (GefStoffV): Anyone who works with chemicals must be instructed in accordance with GefStoffV before starting work and at least once a year thereafter. Employees must be informed about hazardous substances, protective measures and rules of conduct when handling them. These instructions must also be documented.
  • Infection Protection Act (IfSG): Section 43 IfSG stipulates special hygiene instructions for certain sectors (e.g. food sector). Employees who work with perishable food require initial instruction from the public health department and then follow-up instruction from the employer every 2 years (source: bussgeldkatalog.org). This instruction is intended to ensure that employees do not pose a risk of infection.
  • Other regulations: Depending on the field of activity, other laws may prescribe instructions. For example, the German Youth Employment Protection Act requires young employees to be instructed on occupational health and safety regulations. The German Workplace Ordinance (ArbStättV) requires instruction, e.g. on how to behave in an emergency (escape routes, first aid), and industry-specific regulations (e.g. DGUV regulations) also contain instruction requirements for special activities.

Legal basis for the duty to instruct in occupational health and safety.

According to Section 12 of the Occupational Health and Safety Act (ArbSchG), employees must be instructed when they are hired, when they take on new tasks, when new work equipment is used or when new technologies are introduced. This instruction must be adapted to the respective hazards present and must be repeated regularly.

According to Section 4 of DGUV Regulation 1, employees must be instructed at least once a year – even if the working conditions have not changed. In addition, documentation is required in which the date and participants of the instruction are recorded.

Section 12 of the German Ordinance on Industrial Safety and Health (BetrSichV) stipulates that employees must be instructed before using work equipment for the first time. The instruction must then be repeated at least once a year. The obligation to keep a written record of each instruction, including the date and names of the participants, also applies here.

According to § 14 of the Hazardous Substances Ordinance (GefStoffV), instruction is required before starting any work with hazardous substances. This must be repeated at least once a year. The content of the instruction must be aligned with the results of the risk assessment.

According to § 43 of the Infection Protection Act, initial instruction by the public health department is required before starting work in the food sector. Thereafter, there is an obligation to repeat the training every two years, which must be carried out by the employer.

As the overview shows, annual safety briefings are standard in most areas. It is also important to document all instructions in a legally compliant manner – because in an emergency, you must be able to prove when and how your employees were trained.

Important legally prescribed instruction topics.

The question now arises as to which specific instruction topics should definitely be covered in practice. The exact content depends on your industry and the hazards in your company. However, there are some classic mandatory instructions that are relevant in almost every company:

  • Occupational health and safety (general): Basic safety instruction for all employees. Topics include employee duties, behavior in the event of accidents, ergonomic work, protective equipment, and general hazards in the workplace. This instruction is based on ArbSchG §12 and DGUV V1.
  • “Fire protection & Evacuation:” Every company must inform employees about what to do in the event of a fire. “Contents: Fire hazards, use of fire extinguishers, emergency exits, alarms, assembly points.” “This is based on ArbSchG, ArbStättV and, if applicable, national regulations.” “Annual fire safety training is often combined with an evacuation drill.”
  • “First aid & Emergency measures:” Employees should know how to administer first aid in an emergency and who to alert. “It is a legal requirement to have first aiders trained (DGUV Regulation 1, for example, requires at least one first aider per 50 employees).” “In addition, all employees must be instructed on internal emergency procedures (accident reporting, rescue chain).”
  • “Handling work equipment & Machines:” Employees must be instructed before using machines, tools, and vehicles (e.g. forklifts). “This includes operating instructions, safety precautions, intended use and protective measures.” “Examples: Forklift license, instruction on a press or saw, use of work platforms, etc. The BetrSichV and DGUV regulations expressly prescribe these instructions.”
  • “Handling hazardous substances:” In companies that work with chemicals or hazardous goods, instruction in accordance with the GefStoffV is mandatory. “Employees learn how to identify hazardous substances, protective measures (e.g. ventilation, protective gloves), what to do in the event of leaks and first aid in the event of poisoning.” “The transportation of hazardous goods also requires training.” “This training must take place before starting work and annually.”
  • “Hygiene and infection protection:” Hygiene training is essential in food businesses, healthcare and community facilities. “According to IfSG §43, kitchen staff, for example, must be instructed about food hygiene, disease transmission and reporting obligations.” “In general, all employees should be instructed on infection protection measures (hand hygiene, distance, masks) during the pandemic – for example, there were/are corona instructions based on the ArbSchG and IfSG.”
  • “Data protection & IT security:” Since the introduction of the GDPR (General Data Protection Regulation), it has been recommended – and required in many companies – to train employees in data protection. “Although the law does not explicitly require training, it does require compliance with data protection principles, which can only be achieved with informed employees.” “Typical content: Handling of personal data, IT security rules, password guidelines, e-mail and Internet use.” “Such training protects against violations and forms an important part of compliance.”
  • “Compliance instructions serve to prevent unlawful behavior within the company.” “They include, for example, anti-corruption, competition law, code of conduct, equal treatment and environmental requirements.” “Although companies are not forced by specific law to hold such training courses, the German Stock Corporation Act and the management’s duty of care, for example, make compliance training de facto necessary in order to minimize liability risks.” “In addition, many industry standards (ISO standards, certifications) require regular compliance training.”

“These are just a few examples.” “Depending on the industry, other topics may be added, such as workplace ergonomics in the office, data security (IT emergency plans), environmental protection and waste disposal, radiation protection (when handling X-rays, etc.) or road safety for company car drivers.” “You can find a top selection of the most important training courses in secova’s e-learning catalog: over 300 ready-made training courses are available there – from occupational safety to health protection (source: secova.de).” “These instruction templates cover all common mandatory topics and can be adapted to your company situation.”

 

“secova and sam® – your partner for legally compliant instructions”

“secova is a leading German provider of software solutions in the fields of occupational health and safety, environmental management and HR.” “With the EHS software sam® (safety always matters), secova offers companies a comprehensive platform to master all legal obligations in the area of occupational health and safety and compliance more easily (source: secova.de).” “secova GmbH & Co KG, based in Rheine, Germany, supports over 3.6 million users in companies of all sizes – from SMEs to DAX-listed corporations.” “This makes sam® the leading instruction and documentation system on the German market in terms of technology, user-friendliness and functionality.”

“Brief company profile: secova was founded by experts in occupational health and safety and has set itself the goal of simplifying complex obligations for companies.” “The motto is ‘We simplify safety’ – secova supports you in ensuring that instructions are no longer a chore, but are efficient, digital and even fun.” “Numerous awards (Top Innovator, Great Place to Work etc.) underline secova’s innovative strength and reliability.” “Above all, however, the customers speak for secova: companies such as Siemens, Bayer, Rhenus, BASF and many more rely on sam® and report noticeable improvements in their day-to-day training.”

“Overview of sam® training topics and modules”

“sam® is more than just a tool for instructions – it is a complete modular solution for all areas of EHS management (Environment, Health, Safety) and compliance.” “In particular, sam® covers training topics that are important for your legal compliance.” “The sam® training module contains over 300 ready-made training topics, including all the classics mentioned above: general occupational safety, fire protection, first aid, data protection, compliance, hazardous substances and hygiene, to name but a few.” “This content is constantly updated so that you are always up to date with the latest legislation.”

In addition, the software offers a range of functional modules that work hand in hand with the instruction system:

  • Instruction system (EHS basic system): The core of sam®. You use this to plan, distribute and document all training courses. The system is structured in accordance with standards and is extremely user-friendly – instructions can be created quickly or taken from the catalog. Integrated effectiveness checks (quizzes) test participants’ understanding, and if necessary, automatic follow-up instructions are triggered (source: secova.de).
  • Risk assessment: Module for the digital implementation of risk assessments in accordance with ArbSchG. The results of the risk assessment form the basis for instructions.
  • Compliance and legal management: The compliance management module allows you to keep track of legal regulations and internal requirements. You can store numerous compliance topics (e.g. data protection, export control). Changes to the law (e.g. new GDPR regulations) can be entered centrally and communicated to the responsible employees via training.
  • Document management: Store operating instructions, safety data sheets, operating manuals or company guidelines in sam®. These documents can be integrated directly into instructions so that employees have to read and confirm an operating instruction, for example. Everything is versioned centrally and stored in an audit-proof manner.
  • PPE: sam® includes the PPE Manager for managing personal protective equipment (PPE) – in partnership with uvex. This allows the PPE in your company to be managed comprehensively and professionally.
  • External company management: There is also a module for instructing external companies. This ensures that external service providers or visitors also receive all the necessary safety instructions before they enter your premises.
  • Incident and health management: Should accidents or incidents occur despite all preventative measures, these can be seamlessly recorded, evaluated and measures derived in incident management. Health management supports you, for example, with instruction on health topics (ergonomics, stress, addiction prevention) and the administration of occupational health care.
  • Qualification matrix: This module gives you an overview of which employees have which qualifications and instructions. Particularly in the case of legally required qualifications (forklift license, first aider, electrician, etc.), you can see at a glance who has been validly instructed or certified – and who needs a refresher course.

These and other modules (such as idea management, survey management or the sam® EHS Manager app for mobile working) are seamlessly linked. Thanks to its modular structure, you can tailor sam® precisely to your needs: From a small company that perhaps only needs the instruction system to a large corporation that requires comprehensive HSE management, anything is possible.

Advantages of the sam® digital instruction platform

After all this, the question arises: Why should you rely on a digital instruction solution such as sam® instead of holding “classic” instructions on paper or PowerPoint? Here is an overview of the main advantages of sam®:

  • Legal certainty and compliance: Sam® is specifically designed to help you comply with all regulations. The software automatically logs every training session with date, time and participants. Reports can be generated at the click of a mouse – e.g. to provide all the evidence required for an audit by the authorities. Nothing gets lost, nothing is forgotten: Reminder functions ensure that you are informed in good time when, for example, the annual refresher training for an employee is due. In short: you are audit and revision-proof at all times.
  • Time and cost savings: Digital instructions save an enormous amount of organizational effort. Face-to-face training requires the simultaneous presence of many employees, rooms, appointments – with sam® your employees can complete training courses flexibly on a PC, tablet or smartphone, exactly when it fits into the work schedule. The system is so intuitive that over 3.6 million users use it every day without much training (source: secova.de). Many customers report that they have been able to reduce the cost of training by 50% or more because, for example, there are no more travel costs or lost working hours, while group training sessions are still possible in sam®,
  • Simple operation: Despite its range of functions, sam® is incredibly user-friendly. The interface is clear and understandable for everyone – as easy to use as an ATM (source : secova.de). As the person responsible, you can assign content or run evaluations with just a few clicks. And the employees also appreciate the ease of use: “The system offers great functionalities and is very easy to understand,” says a customer feedback from Rhenus Lub. Greater acceptance among users in turn means that the training courses are carried out conscientiously.
  • Content and customizability: secova provides you with a comprehensive training catalog so that you can get started right away. All templates (e.g. on occupational safety, data protection, compliance, etc.) are didactically prepared, illustrated and designed to last ~15 minutes. You can use or adapt these instructions 1:1 – you can add your own company specifics, images or texts at any time. This allows you to combine professional standard content with your operational experience. Multilingualism is also no problem: many instructions are already available in English, and other languages can be added.
  • Flexibility through modularity: As described above, sam® has a modular structure. You decide which modules you need. Maybe you start with just the instruction system – and if your needs grow (e.g. you want to digitally map risk assessments or idea management later on), you can expand sam® at any time. Everything is integrated into one platform, making isolated solutions superfluous. The modules interlock intelligently – for example, a newly created document in document management can be used immediately as training content, or a hazard can be assigned to an employee group as training.
  • Scalability for any company size: Sam® works just as well in small companies as it does in corporate structures. Whether you want to train 50 or 50,000 employees – the software scales with you. A flexible authorization concept means that even complex organizations with locations, departments and various managers can be mapped faithfully. This means that instruction management can be controlled centrally even in large companies, but can be carried out decentrally (e.g. by local safety officers).

Last but not least, secova offers outstanding customer service: no hotline waiting loops, instead direct contact persons, fast support and regular updates. So you are not alone, but are closely accompanied during the introduction and ongoing use of sam® – “this is what customer-friendly support looks like!”, as one satisfied customer reported.

At the end of the day, you benefit twice with sam®: you easily meet all legal requirements and create added value for your company through safety-conscious, well-informed employees. This saves you time, money and nerves – and allows you to concentrate fully on your core business, while sam® ensures compliance in the background.

 

Contact & Advice on Mandatory instruction, safety instruction and much more

Would you like to find out more about how secova can support you with legally required instructions? We will be happy to provide you with individual advice or a live demo of sam®. Just contact us – we look forward to helping you:

Tip: You can also use our free demo access at secova.de to get your own impression of sam®. Together we will take your training to the next level – legally compliant, efficient and uncomplicated!

Trust & Legal certainty for instructions

Instruction online

Companies must comply with legal obligations and fully document instructions in order to ensure trust and legal certainty.

Legal compliance creates trust: If your company consistently carries out and provides evidence of all prescribed instructions, you send a strong signal to employees, managers and authorities: We take occupational health and safety and compliance seriously. Trust is created when employees feel that their safety is a priority – for example, because regular training on hazards and protective measures takes place. At the same time, supervisory authorities are also more likely to trust your company if they see that legal requirements are being proactively met. Legally compliant instructions are therefore the basis for a trusting relationship with employees (who know that they are well trained) and authorities (who do not find any deficiencies during inspections).

Why legal certainty is so important: Missing or insufficiently documented instructions can have serious consequences. Even a violation of the accident prevention regulations – i.e. if instructions are not given at all – is considered an administrative offense and can be punished with a fine of up to €10,000 (source : capitoo.de), even if no accident has yet occurred. If there is an accident at work and it turns out that the employee was not instructed, there is a risk of criminal prosecution: Negligent bodily injury or even negligent homicide are on the cards, with prison sentences of up to 5 years or a fine. In the worst case, this can mean imprisonment for the responsible managers. It also has implications under civil law: The employers’ liability insurance association can take recourse against the employer in cases of gross negligence. This means that the company must reimburse the BG for part of the costs of the accident at work. A well-known example: Following an accident at work due to a lack of instruction (explosion during bitumen work), a company was ordered to pay €53,000 in compensation – an immense financial loss and loss of face. In short: without legally compliant instructions, you are putting your company’s image and existence at risk.

Legally compliant documentation with sam®: This is where secova’s sam® solution comes into play. The instruction system is explicitly designed to give you a high level of legal compliance. Every instruction is digitally documented – tamper-proof and traceable. You can prove at any time who has completed which training and when. The training content can also be archived, so that in the event of a dispute it is possible to prove what was trained. Sam® automatically reminds you when refresher training is due so that no deadlines are missed. In addition, data storage is ISO-27001 certified and secure. This means that you not only comply with occupational health and safety laws, but also with documentation obligations, e.g. from certifications or quality management. If an auditor or inspector is at the door, you can generate a report with one click that shows all training courses – complete, up-to-date and audit-proof. This level of legal compliance would be almost impossible to achieve with manual instruction folders.

Confidence through tested quality: secova itself is ISO 9001 certified and maintains the highest level of quality in its software. Many well-known customers have been relying on sam® for years and report that internal and external audits have run smoothly thanks to secova. For example, a security engineer says: “We were looking for a legally compliant, modern & innovative product … and we think that secova fulfills all these points perfectly!“. Such references show you that with sam® you are getting a partner that hundreds of companies already trust. This trust is based on consistent legal compliance, which secova demonstrably offers.

Efficient implementation of all requirements: Legal compliance does not mean it has to be complicated – on the contrary. Sam® makes it easy for you to implement all legal requirements efficiently. You always have an overview of the training status of your workforce. Using the traffic light system, you can see immediately where action is required (e.g. red = instruction overdue). The legally compliant documentation runs automatically in the background so that you can concentrate on the quality of the content. If necessary, the experts at secova can help you, e.g. by informing you about new laws or providing suitable instructions. So you are always on the safe side without having to become a paragraph expert yourself.

In the end, this pays off in many ways: Your employees trust you because you take responsibility. Authorities and employers’ liability insurance associations see you as a reliable company that takes compliance seriously. And you can fulfill your responsibilities with a clear conscience, without sleepless nights before the next audit. Trust & Legal compliance goes hand in hand with secova.

Efficiency & Digitalization: Instruction 4.0 with sam®

In the modern world of work, there is no way around digitalization – and this also applies to instruction. Many companies are still struggling with manual processes: Excel lists for training stands, paper signature lists, notices on notice boards. These old-fashioned methods are not only time-consuming, but also prone to errors. Here you can find out how a digital solution like sam® can bring a breath of fresh air to your instruction system and what efficiency gains you can achieve as a result.

Challenges of the old training process: Imagine a traditional training cycle: You have to train all employees on certain topics every year. To do this, you plan attendance dates, perhaps book rooms, create PowerPoint slides and print participant lists. Many colleagues are on shift work or on business trips – the latecomers have to be instructed separately. At the end, you collect signatures and file the lists in a folder. Checking who is still missing is done manually. In short: an enormous amount of work for the occupational safety specialist or HR, which increases with the number of employees. What’s more, paper documents can get lost, handwritten entries are sometimes illegible and the search for evidence starts all over again at the next audit.

Advantages of digital instruction systems: Software such as sam® automates these processes from the ground up. You create or select a training course, define the target group – the system takes care of the rest: employees automatically receive a notification (by e-mail or when logging in) that a new training course is due. You can complete them online, at your own pace, directly at your workplace or in your home office. Exam questions ensure understanding, and participation is digitally confirmed at the end. No more paperwork! The results flow directly into your overview statistics. You can see in real time, for example, that 95% of the workforce has already completed the annual safety training and which 5% is still outstanding. You can send a reminder to these people at the touch of a button. Such systems drastically reduce the support time per instruction and eliminate tedious manual tasks.

Intuitive sam® interface: The efficiency of software often depends on how easy it is to use. secova has therefore attached great importance to an intuitive interface. You will find your way around immediately, even without any previous IT knowledge. The design is clearly structured: at the top you navigate through modules (instructions, risk assessment, etc.), right-click to select functions (e.g. plan new training, view reports). Many processes run in wizard form – you are guided step by step through the necessary entries. sam® is also user-friendly for users: they can simply log in via a browser, the dashboard shows upcoming training courses and the instruction starts with a click. Most users do not require extensive training to be able to work with the system themselves.

Digital training with sam®: employees can complete training courses independently on a tablet or PC – efficiently and regardless of location.

Modular functionality – building blocks for your needs: sam® modular design contributes significantly to efficiency. You can think of the system like a construction kit: each module fulfills a specific purpose, and together they form an overall solution. The highlight is that you don’t have to manage each process individually – the modules interlock and exchange information. Example: After completing a training course, the qualification matrix automatically updates the qualification status of the employees. This integration of the modules eliminates redundant work and entries. You enter data once centrally and use it multiple times – this saves an enormous amount of time and prevents errors (no forgetting to note something elsewhere).

You can also start small with sam® and expand step by step. You might start with mandatory training courses such as occupational health and safety and data protection. If you then realize that, for example, incident management would be useful for recording accidents digitally, you add this module. Sam® grows with your requirements. And everything remains in one interface – employees do not have to learn separate tools. This uniformity promotes acceptance and facilitates administration.

Success story: increasing efficiency with sam®
Many of our customers report impressive increases in efficiency: One logistics company, for example, was able to reduce the time required for annual training by 40% because e-learning is now used instead of numerous face-to-face sessions. Another example is a manufacturing company that previously maintained 120 Excel files for different locations – with sam® they consolidated everything in one platform and now save hundreds of working hours a year. Employee satisfaction also increases when processes run more smoothly: „A very well thought-out and flexible system. We are always discovering new possibilities!” is how Siemens, for example, praises the flexibility of sam®. And it is precisely this flexibility that makes it possible to constantly leverage new efficiency potential – be it through additional automation, evaluations or the introduction of further modules.

Digital instruction of the future – available now: Sam® is ready for the future of instruction today. Keyword gamification and virtual reality: With sam®-VR, for example, secova offers a module to transfer instructions to virtual 3D training worlds (such as virtual fire extinguisher training)(source : sam-vr.com). Such innovations not only increase the participants’ attention, but can also very efficiently impart knowledge that would be difficult or dangerous to practise in reality. The digital platform makes it possible to seamlessly integrate such new learning methods. Mobile apps also ensure greater efficiency: employees can complete instructions offline on a tablet (practical for those without a fixed PC workstation) and synchronize the data later.

Finally, digitalization provides you with a treasure trove of data: sam® evaluates for you where knowledge gaps exist (based on the test results) or which departments are exemplary. These key figures help you to continuously improve your instruction process – in line with the PDCA cycle (Plan-Do-Check-Act) in occupational health and safety management.

Conclusion: A digital instruction platform such as sam® transforms what used to be a tedious duty into a lean, integrated process. You save effort, increase the quality of the training and can be sure that nothing and nobody “slips through the cracks”. Efficiency & Digitalization goes hand in hand: by automating repetitive tasks, you gain time for more important things – namely to support your employees individually and establish a genuine safety culture in the company. Instruction 4.0 with secova means: maximum impact with minimum administrative effort.

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