Transfer of entrepreneurial duties - occupational health and safety and environmental protection

Relevant legal standards: Occupational Safety and Health Act (ArbSchG), DGUV Regulation 1, Administrative Offences Act, Criminal Code

I, First name Surname (delegating party), hereby delegate to First name Surname the duties incumbent on the employer with regard to occupational health and safety (prevention of accidents at work, occupational diseases and work-related health hazards) and environmental protection for the company / division / department from XX XX XX 20XX.

First name Last name: Details of length of service, job title and qualification

I. Tasks (ranking without evaluation)

First name Last name must, within the scope of his operational and financial competences and on his own responsibility, ensure in particular that

• the legal requirements (labour protection law, waste law, water law, immission control law ...) and company regulations (fire protection regulations, operating instructions, process instructions, work instructions ...) are observed and applied. This must be regularly checked and documented on a random basis (i.e. depending on the risk).
• the risk assessments are carried out with the participation of the affected employees and the assessment of environmental risks are documented and regularly updated and measures for minimisation are defined. If necessary, there are notification obligations, of which the supervisor/management must be informed immediately. The effectiveness of the implementation of protective measures must be checked.
• operating instructions (e.g. for machines, hazardous substances, AwSV systems) are drawn up for the area of responsibility, employees are demonstrably instructed in them before starting work and at least once a year thereafter, and their application and implementation are checked regularly and as required.
• necessary equipment (e.g. work equipment; first aid equipment; personal protective equipment; equipment for the protection of soil, air and water) is procured and made available, associated documentation in German (e.g. CE documentation, operating instructions, authorisation certificates) is kept available, the equipment is regularly and demonstrably inspected by experts and used by employees in accordance with the instructions.
• defects identified are rectified immediately or corresponding information on the initiation of measures to rectify them is passed on immediately.
• inspection logbooks are kept for systems/equipment subject to mandatory inspection.
• a noise/vibration register is drawn up and a noise/vibration reduction programme is implemented.
• working, driving and rest times are observed.
• the regulations on load securing/dangerous goods are complied with.
• employment restrictions are observed.
• regular reference is made in documented form to the possibilities of optional and optional preventive care and mandatory preventive care is carried out in a timely manner (before taking up employment, then at regular intervals and before leaving the company).
• if there are doubts about the health suitability of individual employees, aptitude tests can be arranged.
• effective first aid is ensured, first aiders are appointed and regular training and further training of first aiders is provided.
• fire safety assistants are appointed and regular training and further training of the fire safety assistants is ensured.
• evacuation assistants are appointed and regular training and further training is provided for the evacuation assistants.
• Information on accidents or environmental incidents must be reported immediately to the designated offices in the company.
• employees do not consume alcohol, drugs or other intoxicating substances in such a way that they could endanger themselves or others.
• Prevent or eliminate harassment or discrimination on the grounds of race or ethnic origin, gender, religion or belief, disability, age or sexual identity.
• the person in charge of the external company commissioned by him/her is demonstrably instructed at the workplace, the mutual hazards are determined and safety measures are defined and documented, the measures are checked and the services are accepted (see DGUV Information 215-830, among others).

Please delete as applicable.

II Authorisations

First name Last name is authorised to fulfil the above tasks

• issue binding instructions to subordinate employees.
• issue binding instructions to employees from other areas if applicable law is violated.
• to make necessary purchases. A budget of EUR XL per month / EUR XXL per year is available for this purpose. If major expenses or significant organisational changes to work processes are required, the higher-level manager must be consulted immediately to determine the further course of action. Immediate measures to limit damage in the event of disruptions, risks to life and limb or risks to the environment must be implemented regardless of financial competences.

III Time frame

If and to the extent necessary for the proper fulfilment of the above tasks, first name last name is temporarily released from other tasks.

IV. Further training

First name Last name is obliged to inform himself/herself about the current content of the standards applicable to his/her own area of responsibility (laws, ordinances, accident prevention regulations, guidelines, etc.). The company legal register is available to First name Last name for this purpose. The company ensures that First Name Surname can acquire the necessary knowledge by attending training courses (e.g. trade association) and trade fairs.

V. Support

First name Last name is supported by the authorised persons of the company and by the employees of the HR department.

VI Representation

First name Last name is represented by me with regard to the aforementioned obligations, unless otherwise agreed.

VII. Onward delegation (if desired)

The proper and professional delegation of individual duties to the next lower management level is possible. The regular duty to monitor implementation remains with First Name Surname. First name Last name must inform me in writing of the sub-delegation.

Exemption from liability

The fulfilment of the assigned entrepreneurial duties is an operational activity.

If third parties are injured as a result of the fulfilment of the assigned entrepreneurial duties, the employer shall generally indemnify the employee against liability in accordance with the following provisions.

The employer hereby declares that he has insured the risks associated with the performance of activities in the usual manner through the following insurance policies:

• Public liability insurance with V-Versicherung-AG
• Statutory accident insurance with the employers' liability insurance association BCD

If the employee causes damage through the performance of duties, he is only liable in relation to the employer in the case of undisputed or legally established intentional behaviour (action or omission). Otherwise, the employee is liable in relation to the employer depending on the degree of established negligence according to the overall circumstances, but not for slight negligence and only up to a maximum amount of one month's salary.

To the same extent, the employee has a claim against the employer for indemnification in the internal relationship (Sections 670, 426 (2) BGB), insofar as the employee is held liable under civil law by third parties.

Furthermore, the employer shall provide the employee with all support if civil claims by third parties or criminal investigation proceedings are initiated against him in connection with his work assigned in the aforementioned sense, in particular reimbursement of expenses incurred by the employee through the use of legal counsel or through legal defence against claims or the pursuit of his interests.

The parties agree that this agreement restricts the standard of liability that generally applies to the employee for the transferred area of activity in favour of the employee.

If damage has occurred and the overall circumstances do not rule out intentional behaviour on the part of the employee, the burden of proof in the relationship between the employee and employer lies with the employer. In all other respects, the statutory regulation pursuant to § 619a BGB remains in force. First name Last name confirms with his/her own signature that he/she expressly agrees to the transfer of entrepreneurial duties to the extent described above.

Place, date

Signature of the entrepreneur

Signature of the obligated party

Notification of the works council/staff council

The text Transfer of employer obligations - occupational health and safety and environmental protection has been updated in the 15th edition of the Handbook of Forms and Procedures under Labour Law.

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