Lesson 1.4 · 6 min
What happens if the assessment is missing
Open in the coursewith narrated slides, a checklist to tick off and a quiz
At a glance
- First advice and a deadline. If the Labour Inspectorate finds a breach, it advises the employer and asks in writing for the lawful state to be restored within a reasonable time.
- Then a report. If the deadline isn't met, the inspectorate reports the employer to the administrative penal authority. For serious breaches it does so without a prior request.
- 166 to 8,324 euros. Failing to identify and assess hazards, set measures or keep the documents risks a fine of 166 to 8,324 euros, or 333 to 16,659 euros for a repeat.
- Training and accident records. Breaches of the training and information duties and of the duty to record accidents carry the same range of fines.
- Fill in and file away. The Labour Inspectorate warns against filling in templates, filing the result away and only showing it at inspections.
In detail
What the Labour Inspectorate does
If the Labour Inspectorate finds a breach of a worker protection rule, it advises the employer as far as possible, and the inspectorate asks the employer informally in writing to restore the lawful state within a reasonable time § 9(1) ArbIG. The request is copied to the works council or, where there is none, to the safety representatives, as far as their area is affected.
- If the request isn't met within the deadline set or extended, the inspectorate reports the employer to the administrative penal authority § 9(2) ArbIG.
- For a serious breach, it files a report even without a prior request § 9(3) ArbIG.
The fines
An employer commits an administrative offence, with a fine of 166 to 8,324 euros or 333 to 16,659 euros for a repeat, if among other things they § 130(1) ASchG:
| § 130(1) | Offence |
|---|---|
| no. 5 | breach the duty to identify and assess hazards |
| no. 6 | fail to set the protective measures or to see that they are kept |
| no. 7 | breach the duties concerning the safety and health documents |
| no. 11 | breach the duties to inform, involve or consult workers, or the duty to train them |
| no. 13 | breach the duties to record and report accidents at work |
Not just for inspections
The Labour Inspectorate calls it the "cardinal error" to "fill in" assessment templates, file the often bulky result away and at most show it at official inspections (Labour Inspectorate). The effort makes sense, it says, when the assessment is used as a tool that produces the measures for a high level of protection in the business and keeps improving it.
Checklist
- We know which records an inspection would ask for.
- If the inspectorate sent a request, we'd know who deals with it within the deadline.
- Our assessment isn't just filed away; we use it.
- Training and accident records are as well organised as the assessment.
Quiz
What usually happens if the Labour Inspectorate finds that an assessment is missing?
- Nothing, as long as there hasn't been an accident
- The business is closed
- An immediate fine of at least 8,324 euros
- Advice and a written request with a reasonable deadline; a report only after that
Show the answer
The answer is D: Advice and a written request with a reasonable deadline; a report only after that. Under § 9(1) and (2) ArbIG the inspectorate advises, asks in writing for the lawful state to be restored, and reports only if the deadline passes; for serious breaches it reports at once (subsection 3).
Sources
This lesson's statements rest on:
Not legal advice. What counts is the Workers Protection Act (ASchG) and its regulations in the Federal Legal Information System (read on 4 October 2026). Rules for areas outside the ASchG, such as agriculture and forestry or the public service, and special rules for particular substances or sectors are not covered. Not an offer of the Labour Inspectorate, the AUVA or the Chamber of Commerce.