Overload indicator

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The overload notification (or hazard notification , hazard notification) is in labor law and occupational health and safety the written information of an overloaded employee to his superior or the employer that an excessive workload can lead to damage .

General

In addition to operational integration management and patient return talks, the overload notification is part of health protection in authorities , institutions or companies . Since the word “overload notification” could give the impression that the overload is due to insufficient performance or excessive demands on an employee, the term “hazard notification” should be used.

The overload notification serves, among other things, as an exemption from liability vis-à-vis the employer in the event that the employer or third parties are harmed due to the overloading of the employee . It also aims to make the employer aware of dangers and to encourage countermeasures to be taken.

Work overload

Overload or work overload is to be understood as a burden on employees that goes beyond the normal workload . It tends to occur in the case of chronic understaffing in organizations, when employees also have to perform tasks from a lack of staff . Also, poor working conditions , work intensification , increasing the intensity of work through shorter cycle times , lack of organization , weaknesses or permanent over-employment may be causes. The consequences are the deterioration in the quality of work , which in turn can lead to poorer product or service quality due to an increase in the error quotient or absenteeism . This is associated with damage to the employer.

Legal issues

An overload or an overload notification is not expressly provided for in laws or collective agreements . It is derived from the mutual obligation to be considerate in the employment relationship ( § 611 BGB , § 611a BGB in conjunction with § 241 BGB, § 242 BGB - good faith ).

If there is a high stress situation , the employee is obliged to inform the employer of imminent damage or to protect him from it as part of a secondary obligation under Section 242 BGB. The employer, in turn, is obliged under Section 618 (1) of the German Civil Code (BGB) as part of the duty of care to regulate work performance within the framework of his right of management so that the person obliged to serve is "protected against danger to life and health to the extent that the nature of the service allows it." also applies to civil servants ( Section 78 BBG ) whose employers have to protect the life and health of civil servants and whose capabilities they must not overtax them through excessive work.

From § 15 ArbSchG the commitment of the employees, their employer gives indicate an overload in occupational safety if they affect the risk of their own health and safety can come from other people or the. According to Section 16, Paragraph 1 of the ArbSchG , employees must immediately report to the employer or the responsible supervisor any immediate significant risk to safety and health that they identify. The overload indicator is derived from the latter provision. It does not authorize the employee / civil servant to act in breach of duty (“ blue-lightning ”, “working according to regulations ” or “ internal dismissal ”). It also does not release the employee from his duty to work diligently. With large hierarchies , the official channel must usually be followed when submitting the overload notification.

content

The overload notification should be in writing and contain the following minimum content:

  • Place and date,
  • Name of the employee and his department,
  • precise description of the overload situation,
  • possible consequences for the company, employees and third parties,
  • Requesting the employer to remedy the situation and
  • Signature.

Instead of the overload notification or in addition, a complaint can also be made in accordance with Section 84 BetrVG . An employee can also complain to the employer (Section 84 BetrVG) or the works council ( Section 85 BetrVG) about excessive workload .

economic aspects

Due to the resulting time pressure, excessive workloads of workers can lead to excessive demands and human errors such as operating errors or inaction , which can impair the workflow and ultimately cause operational disruptions . The consequences are faulty production and shortages that trigger complaints or complaints from customers, dwindling customer satisfaction and ultimately losses . Therefore, every employee is obliged to report undesirable developments to their supervisor or employer. As part of his duty of care, he must also ensure a weak point analysis and the subsequent elimination of weak points. If there are several overload reports for similar reasons, this can be an indication of organizational negligence on the part of the employer.

To this day, the specialist literature deals with the overload display, especially in nursing professions such as care for the elderly and in the public service . In the meantime, however, the overload has also found its way into other branches of the economy .

If the employee's health is impaired by permanent overload, so that his work force is no longer fully available, he should seek medical advice, as continuing to work despite incapacity for work can be legally disadvantageous.

See also

Literature / web links

Individual evidence

  1. Hans-Böckler-Stiftung (Ed.), Disease Denial: Company Health Cultures and New Forms of Work , 2007, p. 29
  2. Christian Betz, Works Council and Personal Co-determination , 2018, p. 278 f.
  3. Sven Litzcke / Horst Schuh / Matthias Pletke, Stress, Mobbing and Burn-out at Work , 2013, p. 40 f.
  4. Alexandra Jortzig (ed.) / Helge Rust, Handbook of Medical Liability Law , 2018, p. 437
  5. Alexandra Jortzig (ed.) / Helge Rust, Handbook of Medical Liability Law , 2018, p. 437
  6. Stefan Bell, The overload indicator - better: hazard indicator. Prevention pays off for employees and employers , in: Arbeitsrecht im Betrieb vol. 10, 2011, p. 601
  7. Fritjof Wagner / Sabine Leppek, Beamtenrecht , 2009, p. 143
  8. Sven Litzcke / Horst Schuh / Matthias Pletke, Stress, Mobbing and Burn-out at Work , 2013, p. 40 f.
  9. BAG, judgment of November 22, 2005, Az .: 1 ABR 50/0 4 = BAGE 116, 235
  10. Jorg-Hermann Frie, Recording and evaluating errors in the IT operation of an industrial company , 1981, p. 55
  11. Ilka Köther (Ed.), Altenpflege , 2011, p. 734
  12. Christian Betz, Works Council and Personnel Codetermination , 2018, p. 278