An employer is not in a position to perform all duties himself, especially in large organisations. This also applies to plant managers. For this reason, the legislator has provided an option to delegate tasks in Section 13 (2) ArbSchG.

"The employer may authorise reliable and competent persons in writing to carry out the tasks incumbent upon him under this Act on his own responsibility."

There is no automatic obligation, as this paragraph expressly states "may". However, an employer rarely has a choice, as Section 3 ArbSchG states that the employer has an organisational obligation.

See also the draft Introductory Act to the Criminal Code (EGStGB), Bundestag printed paper 07/550 of 11.05.73: "In the modern economy and administration based on the division of labour, the owner of a business must necessarily make use of the assistance of other persons who fulfil these duties in his place on their own responsibility; the actual circumstances do not allow any other possibility."

This generally makes it more difficult for the selected authorised representatives to effectively object to the transfer of contractor duties or to reject the transfer of duties altogether.

Section 13(1) of the Occupational Health and Safety Act states: "In addition to the employer, the following persons are responsible for fulfilling the obligations arising from this section

1. his legal representative,

2. the authorised representative body of a legal entity,

3. the partner authorised to represent a commercial partnership,

4. persons entrusted with the management of a company or business within the scope of the tasks and powers assigned to them,

5. other persons obliged under paragraph 2 or under an ordinance issued on the basis of this Act or under an accident prevention regulation within the scope of their duties and authorisations."

It is important to note that only administrative responsibility is addressed here. Civil and criminal liability must be separated from this.

Section 13 of DGUV Regulation 1 expressly mentions authorisations in addition to duties. In addition, according to the wording of this accident prevention regulation, the authorised representative must sign the authorisation. The authorised representative must also receive a copy.

"The employer may authorise reliable and competent persons in writing to carry out the tasks incumbent upon him under accident prevention regulations on his own responsibility. The authorisation must specify the area of responsibility and powers and must be signed by the authorised person. A copy of the authorisation must be given to him."

The "Guideline on the organisation of occupational health and safety" of the Joint German Occupational Health and Safety Strategy (GDA) contains 15 assessment elements for supervisors; the first element deals with responsibility and delegation of tasks and lists the following assessment criteria:

• Responsibilities and procedures for the systematic transfer of tasks, duties and competences for occupational health and safety are regulated.
• Managers are aware of their health and safety obligations.
• Employer obligations have been transferred in writing.
• The job descriptions are clearly defined. The tasks of the individual players have been harmonised. The selection of function holders and managers is coherent.
• The authorised representatives have sufficient time to perform their occupational health and safety duties.
• Sufficient resources (material, time, financial and personnel) are provided.

Source: https://t1p.de/wynyn

The evaluation should ultimately be based on a traffic light system:

GREEN: The areas of responsibility and duties of managers and functionaries in occupational health and safety as well as the required competences were generally defined specifically and comprehensively. Where employer duties were assigned, this was done in writing in accordance with Section 13 (2) ArbSchG.

YELLOW: The areas of responsibility and duties of managers and functionaries in occupational health and safety as well as the required competences were only partially defined. The areas of responsibility are largely undefined. Where employer duties were delegated, this was not or only partially done in writing within the meaning of Section 13 (2) ArbSchG.

RED: There is no recognisable definition of the areas of responsibility and duties of managers and functionaries in occupational health and safety.

Authorised persons can be Waste management officer, company doctor, biosafety officer, fire safety officer, fire protection officer, data protection officer, first aider, women's health officer, hazardous goods officer, water protection officer, hygiene officer, immission control officer, laser protection officer, quality management officer, accident prevention officer, radiation protection officer, environmental management officer (not exhaustive)