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In the legislative process the social partners can be invited to hearings of the Bundestag and committees of the Bundestag e. Furthermore, the National Occupational Safety and Health Conference NAK receives advice from three representatives from each of the umbrella organisations of the employers employers associations and workers trade unions [42].
The social partners do not have the right to vote in the NAK. These committees establish technical rules Technische Regeln and adapt them to current developments. Further activities of the social partners include the development of their own programmes, e. The social dialogue at sectoral level also comprises the self-administration Selbstverwaltung of social accident insurance institutions [49] [50].
Within the self-administration, both employer and employees have an equal number of votes. In addition, the structure of the member companies services, trade and industry is reflected in the composition of self-administrative bodies [51]. The members of these bodies are elected in six-yearly social insurance elections [52]. The insured workers and the employers elect their representatives in the representative committee.
The members of the representative committee elect the Executive Board with equal representation. The self-administration in the social accident insurance institutions. Besides the social dialogue in the self-administration of the social accident insurance institutions, trade unions and employer's representatives in diverse sectors interact with each other. Fields of interaction are, for example, e-commerce, trade or occupational safety and health [55].
On sectoral level employer associations and employee associations work together. The topics for cooperation and exchange are not fixed and depend on the needs of a specific branch. Trade unions with their high number of members have got the opportunity to observe health hazards earlier than one worker or a small group of workers can do.
In addition, sometimes the trade unions have enough political power to obtain improvements even against the resistance of employers or politicians. In companies with at least five eligible employees, work councils can be elected [56]. The members of work councils can, but need not be trade union members.
The work council represents all employees and their interests face to face with the employer. Furthermore, the work council has specific consultation and co-determination rights Mitwirkungs- und Mitbestimmungsrechte , in particular, in social, human and economic affairs. The works council pays attention to the equal treatment of employees, in particular, to discrimination because of sex, sexual identity, race, religion, nationality, origin, age and disability. Administrations of the State and the Federal States, municipalities and other institutions of public law are excluded from the Works Constitution Act [57].
In these administrations, the Personnel Representation Act Personalvertretungsgesetz of the Bund and the Federal States are applicable. Occupational Safety and Health in Germany In Germany occupational safety and health comprises all measures for safety and health of employees at work [64]. This includes the prevention of occupational accidents, occupational diseases and work-related health risks arbeitsbedingte Gesundheitsgefahren and the humane design of working conditions. Furthermore, occupational safety and health includes all questions of working time and the protection of vulnerable groups e.
For this purpose, each Federal State has set up its own labour inspection system e. Besides the enforcement, the labour inspectorates also give advice to the employers and assigns necessary OSH measures for the safety and health of employees. Dualism The occupational safety and health system in Germany is based on two pillars: The main objectives of the social accident insurances are the prevention of occupational accidents, occupational diseases and work-related health risks [67].
The enforcement of these accident prevention regulations is carried out by the prevention services Technische Aufsichtsdienste, TAD of the respective accident insurances. Furthermore, the accident insurances give advice to the employer and employees and are responsible for rehabilitation and compensation. Information, coordination and cooperation of the OSH stakeholder: This requires close cooperation and coordination of the stakeholders.
The BMAS prepares laws, ordinances and technical rules in the field of occupational safety and health. As a governmental research institution Ressortforschungseinrichtung , it advises the Federal Ministry of Labour and Social Affairs in all matters of occupational safety and health and on the humane design of working conditions. BAuA's tasks range from policy advice, research and development in OSH and the performance of sovereign duties through to transferring knowledge into corporate practice and the educational and instructional work done by the DASA Working World Exhibition [75].
In addition, the Federal States authorities advise the employers in the discharge of their duties. The LASI performs the following coordination tasks:. German Social Accident Insurance institutions for industry and trade - Gewerbliche Berufsgenossenschaften BGs The 9 Berufsgenossenschaften are social accident insurance institutions for industry and trade with health and safety inspection services of their own. Membership of these economic sector-oriented social accident insurance institutions is compulsory for all enterprises and organisations, which are registered in Germany.
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Contributions are paid solely by the employers. German Social Accident Insurance institutions for the public sector - Unfallkassen UKs The 24 Unfallkassen are mainly regional social accident insurance institutions for the public sector but also comprise of the institutions for federal public service and railways as well as for fire brigades. Thes are running health and safety inspection services of their own.
UKs also insure and survey children at day care centres, schools and university students. Pupil accident insurance contributions are paid by the hosting institutions, eg the schools.
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The SVLFG department responsible for the social accident insurance runs health and safety inspection services of its own. Membership of SVLFG social insurance is compulsory for all farms, silvicultural, viticultural and horticultural and forest enterprises which have their registered office in Germany. Contributions are paid predominantly by employers, but the agricultural system is also subsidised by the state.
Occupational Physicans and OSH Professionals The employers are responsible for the safety and health of their employees at work [77]. The employer shall evaluate all OSH measures to ensure the effectiveness and to adapt to changing circumstances. It is the duty of the employer to strive to improve the safety and health of employees.
External OSH services are local, regional or national acting commercial OSH service providers ranging from one to several hundred experts. Some social accident insurance institutions are offering occupational safety and medical services in some sectors construction — BG BAU, hotel, restaurant and food processing industry - BGN. The working time of occupational physicians and OSH professionals depends on the number of employees and the risk factors in the company.
Accident prevention regulations of the social accident insurance institutions concretise the principles of the Act on Occupational Physicians, Safety Engineers and other OSH Professionals. The employer must appoint occupational physicians and OSH professionals in written form as the circumstances type of business, accident and health risks, number of employees, composition of the work force, company organisation demand. The employer must support the occupational physicians and OSH professionals.
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This might include additional staff, rooms and equipment. Furthermore, the employer must inform the OSH professionals and occupational physicians about the employment of temporary and external staff in the company. Moreover, the employer has to pay for all OSH matters, also for vocational training. Internal OSH professionals and occupational physicians must have enough time for training. In companies with up to ten employees, the employer can choose regular support Regelbetreuung or the employer model Unternehmermodell.
The regular support includes basic support Grundbetreuung and occasional support anlassbezogene Betreuung. The basic support comprises the preparation and update of risk assessments, whereas the occasional support includes specific occasions like the planning, construction and change of new equipment, the establishment of new workplaces and working processes or the analysis of accidents. The employer model includes specific motivation, information and training sessions for employers, which are further specified by the social accident insurance institutions.
The employer model is also applicable in companies with 11 to 50 employees, if the employer chooses this model. In companies with more than ten employees, the employer can also choose regular support Regelbetreuung. The employer gets basic support Grundbetreuung plus company-specific support betriebsspezifische Betreuung. The basic support includes risk assessment, support in general questions of labour organisation, organisation and management of occupational safety and health, advice for company stakeholders employer, employees, work council and the analysis of accidents.
The working time for occupational physicians and OSH professionals depends on the categorisation of enterprise and varies between 2. The company-specific support includes specific labour organisation, organisational changes and activities and programmes in the company. Companies have to prove the safety of their equipment subject to supervision in compliance with inspection intervals through regular audits by recognised bodies. The Federal Institute for Occupational Safety and Health BAuA publishes two lists of recognised bodies one list with recognised bodies, and the second list with recognised bodies of companies [82].
Five insurances are mandatory within the German social security system:. The social accident insurance scheme in Germany was introduced in within the framework of Otto von Bismarck's social legislation [83]. Today, the social accident insurance covers employees, children, pupils and students, domestic staff and voluntary workers [84]. The social accident insurance institutions are in charge of prevention, rehabilitation as well as compensation.
The employers pay contributions to the accident insurances. The annual fee is calculated by the sum of salaries and the risk factors in the company. Depending on the statute of the individual accident insurance institution, the annual fee can be reduced partly, dependant on the OSH performance of the company in relation to its risk collective [85]. In contrast, companies with particularly high accident rates must anticipate a surcharge on their contributions [86]. The accident insurance scheme is a non-profit, pay-as-you-go-scheme, but there is a duty to set up reserves e.
According to Book VII of the German Social Code social accident insurance the objective of the social accident insurance institutions is to prevent occupational accidents and occupational diseases as well as work-related health hazards by all appropriate means prevention and to restore health and work abilities of the insured by all appropriate means in case of an occupational accident or occupational disease rehabilitation , and to pay compensation or pensions for the insured or their bereaved [87].
Occupational diseases are diseases listed in the Ordinance on Occupational Diseases Berufkskrankheitenverordnung [88]. Rehabilitation is not limited to the medical point: It includes all available means to return the casualty to working life as well as to the private life. In order to fulfil their tasks, the social accident insurance established prevention services Technische Aufsichtsdienste [89]. In case of an occupational accident or an occupational disease, the social accident insurance institutions work closely together with hospitals and doctors in private practice.
However, the accident insurers have their own clinics, which are specialised in the treatment and rehabilitation of casualties and people with occupational diseases. In addition, the German Social Accident Insurance is divided into six regional associations. These regional associations take over common regional tasks in the areas of prevention and rehabilitation. DGUV attends to the interests of its members and promotes their tasks for the benefit of the insured and the companies. It represents the social accident insurance for industry and trade as well for the public sector face to face with politics, federal, European and other national and international institutions, the social partners, federal courts and the European High Court.
Furthermore, the DGUV has three research institutes, which are specialised in different fields of occupational safety and health:.
Further research facilities are located at specific social accident insurance institutions [94]. Since January the Social Insurance for Agriculture, Forestry and Horticulture is the succeeding umbrella organisation on federal level of the former Agricultural Social Insurance Spitzenverband der landwirtschaftlichen Sozialversicherung, LSV of the agricultural accident insurances landwirtschaftlichen Berufsgenossenschaften , the agricultural pension funds landwirtschaftlichen Alterskassen , the agricultural health insurances landwirtschaftlichen Krankenkassen and the agricultural long term care insurances landwirtschaftlichen Pflegekassen [96].
The SVLFG attends to the interests of its members and promotes their tasks for the benefit of the insured and the companies.