Supervisor (occupational safety)

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Supervisors (abbr. APen) are in Germany according to § 18 of the Seventh Book of the Social Security Code - Statutory Accident Insurance (SGB VII) , employees of the accident insurance carriers , who are responsible for the "implementation of measures to prevent occupational accidents , occupational diseases and work-related health hazards " and "effective first aid monitor ”as well as advise“ entrepreneurs and insured persons ”. The qualification for this activity must be proven by an examination, the examination regulations of which are approved by the Federal Ministry of Labor and Social Affairs or the responsible state ministries.

history

With the beginning of the industrialization process in the middle of the 19th century, Germany changed from a working world dominated by agriculture and craft to an urbanized industrial society. The growth driver for the upswing was railway construction, which on the one hand ensured the supply requirements for heavy industry and, on the other hand, accelerated the demand for coal, steel and machines themselves. The rapidly growing number of factories went hand in hand with a great need for workers who worked in difficult working conditions. The number of work accidents increased significantly.

The increasing dissatisfaction of the rapidly growing working class ( proletariat ) with regard to the grievances demanded state action. With the deployment of so-called factory inspectors from 1853 onwards in Germany based on the English model, child labor was essentially to be counteracted. The regulation of an administrative offense was only effective to a limited extent, however, because supervision and enforcement were not comprehensively regulated and the execution of the orders was solely for the police and Regulatory authorities. The effectiveness of the work of factory inspectors remained limited because of this separation.

Initially entrusted with child protection, other tasks followed later, such as monitoring state regulations and ordinances z. B. on working hours including Sunday rest , operational hazards, wage protection, protection against dismissal , work regulations, protection of children, young people and women, protection of pregnant women and protection of home workers. The abundance of individual regulations in occupational safety was combined in 1869 to form a uniform legal basis, the trade regulations (GewO) for the North German Confederation (from 1883 trade regulations for the German Reich, or Reich trade regulations for short). The rights and obligations of the state supervisory officers according to Section 139b of the GewO have thus become a mandatory and officially acting supervision. The GewO was expanded in 1878 by a so-called supervisory paragraph, which granted the officials "official powers of the local police authorities" and allowed them to carry out an inspection in the factories at any time. Due to the abundance of tasks and the only 46 people in 1880, the working conditions remained desolate.

With the law passed on June 7, 1871, regarding the liability for damages for the killings and bodily injuries caused in the operation of railways, mines, etc., in short Liability Act (HPflG), claims for damages should also be asserted against employers. The abundance of liability lawsuits in which the employee was subject to the burden of proof often led to expensive legal proceedings, which the victim was not financially able to cope with. This circumstance damaged the industrial peace and promoted the discontent of the working class towards the employers and the German Reich . The workers organized themselves increasingly in unions and workers' associations . In order to reconcile these with the state, as well as to take into account the economic interests of the manufacturers, the then Chancellor Otto von Bismarck read the update of the efforts for social security in Germany in the context of the imperial embassy . In addition to health insurance (1883), the Reichstag passed the Accident Insurance Act (UVG), which is still important today, on July 9, 1884 .

The idea of leaving the supervision of occupational safety in the form of self-administration by federal corporations and releasing the factory owner from his civil liability was followed by the first professional associations with the announcement of the UVG . In the same year, implementing authorities were set up as forerunners of today's accident insurance funds . From the beginning, the insurance was financed solely by the entrepreneur . The basic features of the classification of the establishments and the determination of the contribution according to hazard class still exist today. The 55 professional associations named by the UVG in 1884 were “authorized to issue regulations for the scope of the cooperative district or for certain branches of industry or types of operation or certain areas to be delimited” according to Section 78 UVG. In addition, according to § 82 UVG, the cooperatives were “authorized to use agents to monitor compliance with the regulations issued to prevent accidents ”. “The names and domicile of the agents are to be reported by the board of the cooperative to the higher administrative authorities in whose districts their activities extend. The agents are obliged to inform the state supervisory officer appointed in accordance with §139b of the GewO about their monitoring activities and their results, and can be stopped by the Reich Insurance Office with fines of up to one hundred marks. "§85 UVG. The accident prevention regulations issued by the employers' liability insurance association require the approval of the Reich Insurance Office until the Commercial Accident Insurance Act comes into force on June 30, 1900.

With the announcement of the Commercial Accident Insurance Act, the cooperatives were not only authorized, but were also able to “be encouraged to issue regulations” in accordance with Section 112. In addition, the cooperatives were not only authorized but “obliged to ensure that the accident prevention regulations issued in accordance with Section 112 were implemented. You are authorized by technical supervisory officers (abbr. TABen) to monitor compliance with the regulations issued for the prevention of accidents. The operating entrepreneurs belonging to a cooperative are obliged to allow the authorized technical supervisory officers of the cooperative involved, upon request, to access their operating sites during operating hours ... ".

The Reich Insurance Code (RVO) of July 19, 1911 summarized the social laws that had arisen to date and the Commercial Accident Insurance Act as the Third Book - Accident Insurance , which, along with six amendment laws, was substantially revised on May 9, 1963 with the New Accident Insurance Act (UVNG) . According to Section 712 (1) of the RVO, “the employers' liability insurance associations had to monitor the implementation of accident prevention through technical supervisory officers and advise their members”. According to Paragraph 2, they were “obliged to employ the number of technical supervisory officers required for effective accident prevention”. The “technical supervisory officers were only allowed to be employed after they had demonstrated that they were qualified to work as technical supervisors. In this respect, employment requires the approval of the supervisory authority ”(Section 712 Paragraph 3 RVO).

With the law for classifying the law of statutory accident insurance into the Social Security Code (Accident Insurance Classification Act - UVEG), the third book of the RVO was integrated on August 7, 1996 as the Seventh Book of the Social Code - Statutory Accident Insurance (SGB VII) . The classification resulted in a conceptual change compared to the Third Book of the RVO, especially for the target group, the scope of duties and the qualification requirements for supervision. In terms of the text, “Berufsgenossenschaft” has been replaced by “Accident Insurance Fund”. According to the justification for the Federal Government's draft law of August 24, 1995 (BT-Drs. 13/2204), the "tasks of the monitoring service of the accident insurance institutions ... should no longer be limited to technical content". The term “technical supervisory officer” was replaced by the term “supervisor” in Section 18 of Book VII of the Social Code. The accident insurance institutions are obliged to employ supervisory persons "in the number required for effective monitoring and advice in accordance with Section 17 (previously" effective accident prevention "). Contrary to Section 712 Paragraph 3 Sentence 1 of the RVO, an examination is required for employment in accordance with Section 18 Paragraph 1 Sentence 1 SGB VII. According to SGB VII, approval from the supervisory authority is not granted for employment as under the RVO, but for the examination regulations . As before, it is possible for the accident insurance institutions to agree on a sample examination regulation.

Professional role understanding

According to Article 2, Paragraph 2 of the Basic Law , everyone has the right to life and the like. physical integrity. The legislator has ensured the implementation of this obligation in the work environment in SGB VII. According to §21 SGB VII, the entrepreneur is responsible for the implementation of the measures to prevent accidents at work and occupational diseases , for the prevention of work-related health hazards and for effective first aid . According to Section 17 (1), the accident insurance institutions must monitor the implementation of measures to prevent accidents at work, occupational diseases, work-related health hazards and effective first aid in the company, and advise the entrepreneurs and the insured. The accident insurance institutions are obliged to employ the number of supervisors required for effective monitoring and advice in accordance with Section 17. The supervisor thus has sovereign tasks within the meaning of Article 33 (4) of the Basic Law. According to their main tasks and qualifications , the accident insurance institutions employ supervisory staff (AP) from group I u. II (AP I and AP II). To support WP I , supervisors from Group II (WP II) can be deployed in sectors that are characterized by changing workplace conditions (e.g. construction sites ).

The binding implementation of the measures can be carried out with the means of the order according to § 19 Abs. 1 SGB VII by the supervisor AP I u. WP II to be determined. In the event of imminent danger, the supervisors are entitled to take immediately enforceable orders to avert work-related dangers to life and health. In addition to orders that can be executed immediately, supervisors can order in individual cases which measures entrepreneurs or insured persons have to take

1. to fulfill their obligations based on the accident prevention regulations according to § 15,
2. to avert particular accident and health risks

Orders according to sentences 1 and 2 can also be issued to entrepreneurs and employees of foreign companies who carry out an activity in Germany without belonging to an accident insurance institution. To monitor the measures (Section 19 Paragraph 2ff), the supervisors are particularly authorized to

3. to enter, inspect and inspect properties and facilities during operating and business hours,
4. to request the information required from the entrepreneur to carry out their monitoring task,
5. to inspect business and operational documents of the entrepreneur, insofar as the performance of their monitoring task requires it,
6. to check work equipment and personal protective equipment as well as their intended use,
7. to examine work processes and workflows and, in particular, to determine the presence and concentration of dangerous substances and preparations or, if the supervisors and the company are unable to make the necessary findings, to have them determined at the expense of the company,
8. to request or take samples of your choice against a receipt; Unless the entrepreneur expressly waives this, some of the samples must be left officially closed or sealed,
9. to investigate whether and to what operational causes an accident, illness or damage can be traced back, to request the company or a person commissioned by him to be accompanied.

The entrepreneur has to tolerate the measures according to sentence 1 No. 1 and 3 to 7. To prevent urgent dangers, the measures according to sentence 1 can also be taken in living rooms and at any time of the day or night. The fundamental right to the inviolability of the home (Article 13 of the Basic Law) is restricted in this respect. The owners and owners of the land on which the entrepreneur operates must allow access to the land.

The supervisor is also the central point of contact for all prevention services provided by the accident insurance institutions (e.g. testing / certification, qualification, rules, etc.). In addition, the supervisor is integrated into a national and international prevention network in which he or she, as a competent contact person, comes into contact with ministries, authorities and other social insurance carriers within the framework of overarching prevention goals (e.g. GDA, iga, KAN etc.). For the purpose of scientific promotion and for the exchange as well as the dissemination of collected knowledge of safety and health in the workplace, supervisors and experts for occupational safety have come together in the Association of German Revision Engineers eV (VDRI). The association is a technical, scientific association and promotes the togetherness of German and international experts in this field.

Training and qualification

With the performance of sovereign tasks according to Article 33, Paragraph 4 of the Basic Law and the associated rights and obligations, according to Section 18, Paragraph 2 of Book VII of the Social Code, only supervisory persons who have proven their qualifications through an examination may be employed. The legislature has obliged the accident insurance institutions to ensure uniform qualification within the meaning of the statutory mandate by issuing examination regulations. The central association of the commercial trade associations and the accident insurance institutions of the public sector, the " German Statutory Accident Insurance ", adopted the revised sample examination regulations I for supervisors with university qualifications as well as the model examination regulations II for supervisors with master craftsmen / Technician qualification decided. For the examination to become a supervisor of group I (AP I) can only be admitted, who among other things has a certain previous education and has successfully completed the usually two-year training as supervisor in preparation (AP i. V.) with an accident insurance institution.

The preliminary training for AP I is fulfilled by anyone who has completed a university or technical college degree at a state or state-recognized institution in the fields of engineering , natural sciences or a subject corresponding to the future area of ​​activity. For an AP II, the preliminary training is fulfilled by those who have a master / technician qualification from a state or state-recognized institution. In both cases, in addition to social and Proof of personnel competencies, practical operational knowledge that is beneficial through at least two years of full-time employment and later work as a supervisor. The combination of theory and practice, as well as cross-sector and sector-specific knowledge, enables supervisors to act in a generalist manner and to specialize.

The subject of the respective examination are the technical, method, personal and social skills listed in the professional role understanding for supervisors. The exam consists of a written, practical and oral part. The written part of the examination consists of a three-week (WP II) or six-week (WP I) elaboration on a topic related to prevention issues . The practical part of the exam consists of a company visit (company inspection / revision) and an associated report. The oral part of the exam consists of a lecture and deals with a topic from the field of accident insurance . The subsequent examination interview covers the content conveyed in the course of the entire training as well as current questions about prevention and statutory accident insurance. The examination result is made up of an overall assessment and the grades for the individual parts of the examination.

The two-year training course to become a supervisor consists of a provider-specific part at the training accident insurance agency and a cross-provider ten-week training part, which is mainly carried out at the Institute for Work and Health (IAG) of the DGUV . The training coordinators of the accident insurance agencies ensure that the cross-agency training is interlinked with the industry-specific training and ensure that the agency-specific training is appropriate. The common quality understanding of all statutory accident insurance institutions within the training of supervisors was integrated into a quality framework model.

Contractual relationship of supervisors

Supervisors are employed - depending on the statutory accident insurance provider - as service order employees (DO employees) or as employees according to the collective agreement for employees of the commercial trade associations and the public accident insurance institutions (BG-AT) or according to the collective agreement for the public service (TVöD) . According to §§ 148, 149 SGB VII, the Federal and Railway Accident Insurance as well as the Accident Insurance Post and Telecom are the only accident insurance carriers to have a real employer qualification within the meaning of § 2 of the Federal Civil Service Act and are allowed to appoint civil servants.

Web links

Individual evidence

  1. ^ A b c d Matthias Eisenbrand, Torsten Welz: The accident insurance carriers - a success story. Article by the professional association for wood and metal, Feb. 2014
  2. ^ A b c d Deutsches Historisches Museum Berlin, German Statutory Accident Insurance: Working safely - 125 years of statutory accident insurance in Germany 1885–2010. In: material accompanying the permanent exhibition. DHM Museum Education, Berlin 2010.
  3. ↑ On the development of the factory inspection in Germany cf. Collection of sources on the history of German social policy from 1867 to 1914 , Section I: From the time when the Reich was founded to the Imperial Social Message (1867–1881) , Volume 3: Workers' protection, edited by Wolfgang Ayaß , Stuttgart a. a. 1996.
  4. ^ A b c Otto Lueger: Factory inspectors [1] . In: Lexicon of all technology and its auxiliary sciences - online version, Vol. 1. Stuttgart, Leipzig 1904. Retrieved on November 24, 2014
  5. ↑ a b c Johannes Feig: Trade inspection. In: Website of the Friedrich Ebert Foundation [2] . Retrieved November 28, 2014
  6. ^ A b Announcement concerning the editing of the trade regulations for the German Reich (RGBl. Vol. 1883, No. 15, pp. 177–240) Announcement concerning the editing of the trade regulations for the German Reich . In: Wikisource Online Encyclopedia. Retrieved December 2, 2014
  7. ↑ Tobias Stoll: Security as a task of the state and society: constitutional order, environmental and technical law in dealing with uncertainty and risk. 1st edition. Mohr Siebeck, Tübingen 2003, ISBN 3-16-147871-1
  8. ↑ Law on the liability for compensation for deaths and physical injuries caused in the operation of railways, mines, etc. (RGBl. P. 207) Law on the liability for compensation for deaths caused in the operation of railways, mines, etc. Bodily harm . In: Wikisource Online Encyclopedia. Retrieved January 26, 2015
  9. ↑ a b c Christa Steinberg: Those at risk of accidents and accident prevention in Ruhr mining. Treatise from the industrial seminar at the University of Cologne - Issue 4. Duncker u. Humblot, Berlin 1957, ISBN 3-428-01461-8
  10. ↑ Accident Insurance Act. (RGBl. Vol. 1884, No. 19, pp. 69–111) Accident Insurance Act . In: Wikisource Online Encyclopedia. Retrieved December 2, 2014
  11. ↑ a b c Commercial Accident Insurance Act (RGBl. Vol. 1900, No. 29, pp. 585–640) Announcement of the text of the Accident Insurance Act of June 30, 1900 / Commercial Accident Insurance Act . In: Wikisource Online Encyclopedia. Retrieved December 2, 2014
  12. ↑ Law to revise the law of statutory accident insurance, Accident Insurance New Regulation Act UVNG ( Federal Law Gazette 1963 I p. 241 )
  13. ↑ a b Act to classify the law of statutory accident insurance in the Social Security Code (Accident Insurance Classification Act UVEG) in the version of 7 August 1996 ( Federal Law Gazette I p. 1254 ).
  14. ↑ a b c d e f g h Bertram Schulin: Social Code, Books I - XII: Allg. Part, basic security, employment promotion, according to regulations, health, pension, accident insurance, child / youth welfare, rehabilitation, administrative procedure, care insurance, social welfare. 43rd edition, CH Beck, Munich 2014, ISBN 978-3-406-66490-8
  15. ↑ a b Bill of the Federal Government of August 24, 1995 ( BT-Drs. 13/2204 )
  16. ↑ Basic Law for the Federal Republic of Germany GG of July 11, 2012 ( Federal Law Gazette I p. 1478 ).
  17. ↑ German Statutory Accident Insurance: The professional role of the supervisor with university qualifications (AP I) in statutory accident insurance. Berlin 2012 ( Memento of the original from September 23, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.dguv.de
  18. ↑ German statutory accident insurance: The professional role of the supervisor with master craftsman / technician qualification (AP II) in the statutory accident insurance. - ( Memento of the original from September 23, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Berlin 2012 @1@ 2Template: Webachiv / IABot / www.dguv.de
  19. ↑ German Statutory Accident Insurance: Prevention benefits from the accident insurance institutions. - ( Memento of the original of September 13, 2014 in the Internet Archive ) Info: The archive link was automatically inserted and not yet checked. Please check the original and archive link according to the instructions and then remove this notice. Dresden 2009 @1@ 2Template: Webachiv / IABot / www.dguv.de
  20. ↑ a b c d German statutory accident insurance: Sample examination regulations I for supervisors. Berlin 2015 - ( Memento of the original from September 23, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.dguv.de
  21. ↑ a b c d German statutory accident insurance: Sample examination regulations II for supervisors. Berlin 2015 - ( Memento of the original from September 23, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.dguv.de
  22. ^ German statutory accident insurance: training concept, training to become a supervisor I (AP I). - ( Memento of the original from February 19, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Berlin 2014 @1@ 2Template: Webachiv / IABot / www.dguv.de
  23. ↑ German statutory accident insurance: Quality framework model for the prevention service "Qualification". Berlin 2008 - ( Memento of the original from February 19, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. @1@ 2Template: Webachiv / IABot / www.dguv.de