Transfer of entrepreneurial duties plus FAQ

Last update: 16/02/2025

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The author of this sample text is Dr Hartmut Frenzel. The text may be used and adapted as required. Any commercial use, in particular reproduction, distribution or public provision in online or print media without the express consent of the author is prohibited.

Disclaimer:

This sample text serves only as a non-binding suggestion and must be customised to the specific circumstances of each individual case. It is strongly recommended that the text be reviewed and adapted by a qualified lawyer, especially with regard to current legal requirements. The author assumes no liability for damages that may arise from the use of this sample text.

Acknowledgement

Many thanks to all those who have contributed and continue to contribute to this sample text. Hartmut Frenzel wrote the first version in 1996 and then developed it further in private. The current text is the result of many people - from representatives of the authorities, lawyers and managers to staff representatives, company doctors and occupational safety specialists. Without their help, the model text would not be as relevant in practice today.

Transfer of entrepreneurial duties – Occupational safety and environmental protection

Relevant legal norms, including: Civil Code, Occupational Health and Safety Act (ArbSchG), DGUV Regulation 1, Administrative Offences Act, Social Code VII, 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 as of 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 employees concerned and the assessment of environmental risks is 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 without delay or corresponding information on the initiation of measures to rectify them is passed on without delay.
  • 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.
  • explosion protection documentation is created and kept up to date.
  • 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.
  • Safety officers are appointed and trained in accordance with SGB VII and receive further training.
  • 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 tick where applicable | please delete where not applicable | please complete where missing

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 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.

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, incident management officer, radiation protection officer, environmental management officer (not exhaustive).

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 the insurance company _____________________________
  • Statutory accident insurance with the employers' liability insurance association _____________________________

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 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 __________________

All terms are to be understood as gender-neutral.

Source: https://uebertragung-von-unternehmerpflichten.de/

Prof Dr Alenfelder and I have published an article on this topic. You can order this article as an offprint by e-mail free of charge (maximum 2 copies). Only company addresses and company e-mails will be considered. Your details will of course be treated in the strictest confidence and used solely for the purpose of mailing. You will not receive any unsolicited messages.

Transfer of entrepreneurial duties in occupational health and safety, counselling, documentation, occupational safety measures.

The website and the article are published in http://beck-online.beck.de/Bcid/Y-600-W-SchaubArbRFb-GL-Kap1-Teil2-V-6-b-dd quoted.

FAQ „Transfer of entrepreneurial duties“

Date of last update: 05.12.2025

Who is responsible for compliance with the Occupational Health and Safety Act?

The employer is fundamentally responsible. The Occupational Health and Safety Act (ArbSchG) is addressed to the employer.

This means that the employer is initially responsible for the basic organisation and measures. For example, in the case of a limited liability company, the managing director bears responsibility.

If there are other hierarchical levels in the company, these people also automatically bear responsibility - depending on their hierarchical position.

The Occupational Health and Safety Act formulates in § Section 13 (1) ArbSchG:
„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.“

Please note that only administrative responsibility is addressed here. Civil and criminal liability must be considered independently of this.

What are the consequences if I, as a superior, issue instructions without a mandate?

If you, as a line manager, issue instructions without the express instruction of the management or your direct manager, this is an offence. Management without mandate (GoA). This can have consequences under both labour law and liability law.

Possible risks:
Consequences under labour lawUnauthorised instructions may result in a warning or, in the event of recurrence, dismissal.
Liability for damagesIf your instructions cause damage, you may be held personally liable.
Violations of operational proceduresUncoordinated actions can undermine existing security and organisational structures.
Misjudgement of dangersWithout a sound basis for decision-making, there is a risk of taking the wrong measures.

Practical examples:
Occupational safetyA shift supervisor instructs employees not to wear personal protective equipment in order to speed up work. If an accident occurs, he faces consequences under labour law and possible liability for the damage.
Environmental protectionA department manager orders the unauthorised disposal of hazardous substances without taking the prescribed safety precautions. This results in environmental pollution, which can lead to criminal prosecution.
Operating procedureA team leader decides to change a production line without consultation, which leads to delays and financial losses. The company can hold him liable for the damage caused.

How can this be avoided?

Clear delegation of entrepreneurial dutiesWritten assignment of responsibility ensures clear responsibilities and reduces uncertainty.
Regular training coursesTraining courses allow you to expand your skills and keep up to date with current company regulations.
Communication with the management levelCoordinate decisions with your superiors to ensure legal certainty.

Unauthorised instructions should only be Acute hazardous situations may be issued if immediate action is required to avert damage. In all other cases, it is advisable to consult with the supervisor.

Can an employer transfer occupational health and safety and environmental protection obligations?

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

„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.

Where is the transfer regulated?

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.“

Who are the company's „authorised persons“?

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, incident management officer, radiation protection officer, environmental management officer (not exhaustive)

Sample text of DGUV Rule 100-001 „Principles of prevention“

In its regulation 100-001 „Principles of prevention“, the DGUV provides a sample document on the „Transfer of employer obligations“, which explains the requirements of DGUV regulation 1 in more detail.

However, it should be noted: The document has no presumptive effect and offers only limited assistance in operational practice. One key point is missing, namely the provision of sufficient resources - be it material resources, time, financial resources or personnel.

Addition: The point of criticism regarding the lack of a statement on the provision of sufficient resources was partially remedied in the updated version of June 2025.
Source: https://publikationen.dguv.de/widgets/pdf/download/article/2942

Original supervisor duties

There is a distinction between original managerial duties and transferable entrepreneurial duties. The original duties of managers are

- Enforce instructions.
- Ensure health and safety in the workplace.
- Control.

A question that is always asked - whether by employers or works and staff councils: Which duties may be transferred and why?

The answer: all the obligations set out in Section 2 of the Occupational Health and Safety Act (ArbSchG).
 
Second section

Obligations of the employer

§ 3 Basic obligations of the employer

§ 4 General principles

§ 5 Assessment of working conditions

§ 6 Documentation

§ 7 Transfer of tasks

§ 8 Co-operation between several employers

§ 9 Special hazards

§ 10 First aid and other emergency measures

§ 11 Occupational health care

§ 12 Instruction

§ 13 Responsible persons

§ Section 14 Information and consultation of public service employees

How do the supervisory authorities check?

The „Guideline on the organisation of occupational health and safety“ of the Joint German Occupational Health and Safety Strategy (GDA) contains 15 inspection elements for supervisors.

The 1st 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 (last checked on 19.01.2025)

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 tasks 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 assigned, this was not or only partially done in writing in accordance with § 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.

List of tasks to be delegated

Ensure compliance with regulations
Implement legal requirements (e.g. occupational health and safety, waste, water, immission control legislation) and company regulations (e.g. fire safety regulations, operating and procedural instructions).
Regular, random checks and documentation of compliance.

Carry out hazard and environmental assessments
Create, document and update risk assessments with the involvement of employees.
Assess environmental risks and define measures to minimise them.
Comply with reporting obligations and inform superiors/management if necessary.
Check the effectiveness of protective measures.

Create and train operating instructions
Create operating instructions for machines, hazardous substances and systems.
Instruct employees before starting work and annually.
Check the application and implementation regularly and as required.

Provision and testing of necessary work equipment
Procure and provide the necessary resources (e.g. personal protective equipment, first aid material, environmental protection agents).
Provide accompanying documents in German.
Ensure regular, expert testing of the funds.
Check use by employees in accordance with instructions.

Ensure rectification of defects
Immediately rectify or forward any defects found in order to initiate measures to remedy them.

Keep inspection logbooks for systems subject to mandatory inspection
Maintain and update test logbooks for relevant equipment and systems.

Ensure noise and vibration protection
Create a noise and vibration register.
Implement measures to minimise noise and vibration.

Maintain explosion protection documentation
Create and regularly update explosion protection documentation.

Comply with working time regulations
Ensure employees' working, driving and rest times.

Comply with load securing and dangerous goods regulations
Ensuring proper load securing and compliance with dangerous goods regulations.

Observe employment restrictions
Ensure compliance with legal requirements on employment restrictions.

Organise preventive measures for employees
Document regular information on desired and available provision.
Carry out mandatory precautions in good time (before starting work, at regular intervals, before leaving).

Check health suitability
If there are doubts about the health suitability of individual employees, appropriate examinations should be arranged.

Appoint and train safety officers
Appoint, train and educate safety officers in accordance with SGB VII.

Ensure first aid measures
Appoint first aiders and provide them with regular training.
Ensure effective first aid.

Appoint and train fire safety assistants
Appoint fire safety assistants and ensure regular training and further training.

Organise evacuation and evacuation helpers
Appoint and train evacuation assistants.

Report accidents and environmental incidents
Pass on information on accidents or environmental incidents to the relevant authorities without delay.

Prevention of alcohol and drug consumption
Ensure that employees do not consume intoxicating substances that endanger themselves or others.

Prevention of discrimination and bullying
Implement measures against bullying and discrimination (race, gender, religion, disability, age, sexual identity) and prevent offences.

Instruct and monitor external company managers
Instruct those responsible for external companies at the workplace.
Identify mutual hazards, define and document protective measures.
Check the implementation of the measures and approve services (see DGUV Information 215-830).


The above text presents a selection of tasks as examples. However, this list is not exhaustive and should be adapted according to specific operational requirements.

Some tasks, such as the creation of a noise/vibration register or a noise/vibration reduction programme, may not be relevant for a company and should be cancelled in such cases.

As environmental law tasks must also be taken into account and occupational health and safety law often overlaps with environmental law and dangerous goods law, the list also includes relevant points from these areas of law in addition to the labour-related aspects.

Authorisations

In § Section 13 of DGUV Regulation 1 explicitly mentions powers in addition to duties.

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.

In order to effectively counteract a selection fault, the employer must check whether the intended persons are reliable and competent before transferring duties.
DGUV Rule 100-001 explains the two terms reliability and expertise.

Reliability and expertise

Reliable are the persons designated for the transfer of duties if it can be expected that they will carry out the occupational health and safety tasks with due care.
Expert are the persons designated for the delegation of duties who have the relevant expertise and practical experience to carry out the tasks assigned to them properly.

Legal requirements and internal guidelines

It is important to know the necessary legal requirements and other obligations that apply to the respective organisational area. These include not only laws, ordinances and regulations, but also instructions and guidelines, standards, permits, licences, contracts, protocols and more. These obligations are usually clearly documented in a legal and authorisation register.

Task Risk assessment

This section explicitly emphasises that a risk assessment is carried out and protective measures are defined. However, the effectiveness check of the implemented measures is often overlooked. Without the result of this check, the risk assessment remains incomplete.

How can the GTC clause control influence the transfer of entrepreneurial obligations?

The GTC clause check ensures that contractual clauses for the transfer of entrepreneurial obligations are legally effective and fair. Pursuant to Section 307 of the German Civil Code (BGB), general terms and conditions must not unreasonably disadvantage the contractual partner. In the context of the delegation of duties, this means that the delegated responsibilities must be clear, understandable and practicable.

Clauses that make managers or employees liable for obligations without providing them with the necessary decision-making powers and resources are particularly ineffective. Equally critical are surprising or unclear provisions that circumvent essential legal requirements, for example from the Occupational Health and Safety Act or DGUV Regulation 1.

To ensure that the delegation is legally effective, employers should formulate the clauses transparently, refrain from making blanket assumptions of liability and ensure that the delegatee can actually fulfil the delegated tasks. Careful drafting protects against liability risks and ensures legally compliant delegation.

Is the signature of the works or staff council mandatory?

According to the prevailing view, the signature of the works or staff council is not mandatory, as the transfer is an individual measure.
Employers who value fairness and transparency also obtain confirmation from the works council or staff council. This is to ensure that social adequacy is guaranteed in the selection process. Social adequacy refers to the fact that the selection criteria for the transfer are fair, comprehensible and socially balanced.

Obtaining confirmation can strengthen trust between the employer, works/staff council and the employees concerned. It signals fairness and transparency in dealing with personnel measures.
No, the confirmation is not legally required and is not binding. Rather, it serves to make the process transparent and avoid possible misunderstandings.

Can a SIFA be delegated occupational health and safety duties?

No, an occupational health and safety specialist (SIFA) may not generally be assigned any employer duties in occupational health and safety. The SIFA takes on an advisory and supporting role and should be independent of the employer.

Reasons for non-transferability
Separation of functions: The Occupational Safety Act (ASiG) provides for a clear separation between the role of the employer and the safety expert.
Freedom from instructions: SIFA must remain free from professional instructions in order to be able to carry out its tasks independently.
Advisory function: SIFA's main task is to advise employers on occupational health and safety issues.

Exceptions and special features
Below the level of the plant manager, company managers can act partly as safety experts and partly as employer functionaries.
A senior safety expert can be given the right under their employment contract to make decisions on their own responsibility in the implementation of occupational health and safety as long as the employer's position as guarantor and the SIFA's freedom to issue instructions are maintained.

It is important to note that the transfer of employer duties in occupational health and safety is possible in principle, but not to the SIFA. Instead, these duties can be delegated to other reliable and competent persons, such as managers or, in certain cases, even to external service providers (no SIFA).

Selection of suitable responsible persons: Who is authorised to assume entrepreneurial duties?

Not every manager is suitable for taking on entrepreneurial duties. Responsibility for occupational health and safety and operational safety cannot simply be delegated with a signature - it must also be borne professionally, legally and personally. But how do you find the right people in the company?

Core criteria: Expertise, experience, reliability
A successful transfer of duties requires that the selected persons fulfil the following requirements:

- Expertise: You have in-depth knowledge in the relevant field, e.g. occupational health and safety, environmental protection or operator responsibility.
- Experience: You have already realised comparable tasks responsibly.
- Reliability: They are characterised by integrity, reliability and a high sense of responsibility.
- Personal suitability: You have leadership skills, decision-making ability and strong communication skills - even in critical situations.

How do you recognise suitable people?
The selection of suitable managers or employees is an active process. In addition to formal qualifications, the following are particularly important

- Systematic discussions: Personal interviews or structured feedback discussions provide information about motivation and willingness to take responsibility.
- Practical relevance: Previous projects or roles in occupational health and safety show whether the person has already taken on responsibility in practice.
- Team feedback: The assessment of colleagues can also help to gain a realistic picture of leadership competence.

Recommendation: Consciously transfer responsibility
It is important to note that entrepreneurial duties must not be delegated „blindly“. Only when it is clear that the person can bear the responsibility both professionally and personally should a formal delegation be made. This not only protects the company, but also the delegated person themselves.

What responsibility remains with me as a manager after I have transferred entrepreneurial duties in writing?

No, you are not completely relieved of your responsibility. The delegation of duties is a key organisational tool, but it does not release you as the delegating manager from your overarching guarantor position.

Even after an effective delegation, you still have three essential, non-transferable core obligations:

  1. Duty of selection: You must carefully select the person to whom you delegate duties. This person must be demonstrably reliable and competent. An incorrect selection can lead to a so-called „selection fault“ and give rise to liability.
  2. Organisational obligation: You must create an organisational framework in which the appointed person can perform their tasks at all. In particular, this includes providing the necessary resources (time, financial, personnel) and authorisation.
  3. Monitoring obligation: You are obliged to monitor the authorised person regularly and on a random basis. You must ensure that the assigned duties are actually being performed correctly. This monitoring does not have to be complete, but must be systematic and risk-based and ideally documented.

Current reference: Stricter criminal sanctions law

Especially in the light of the 15 January 2026 The tightening of the criminal sanctions law passed by the Bundestag means that these remaining obligations are becoming much more important. The authorities check more closely whether the organisation, selection and control in the company were sufficient. Negligence in these areas is assessed more strictly and can lead more quickly to severe fines or even criminal penalties for the company management.

Model text for the revocation of the transfer of entrepreneurial duties

Dear Mrs/Mr [name],

In a letter dated [date of original transfer], we transferred to you in writing the employer's occupational health and safety duties for the area of [exact name].

We hereby revoke this transfer with effect from [date to be determined by calendar if possible]. 

We kindly ask you to forward all documents available to you, such as risk assessments and instruction certificates, to the HR department by [date] and are available to answer any questions.

This cancellation is made to clarify responsibilities. It does not contain any statement about the quality or appropriateness of the tasks you have performed to date.

We would like to thank you for your work and commitment to date.

Yours sincerely

Further questions and answers (FAQ) will be added on an ongoing basis. Please check back here regularly.

If you are missing questions and answers in the FAQ list, please write to me.

The content on the website and the content in the social networks does not constitute legal advice. The formulations have been created with care and to the best of our knowledge. However, they are merely suggestions. Dr Hartmut Frenzel accepts no liability for the accuracy and completeness of the information.