Risk assessment course All courses

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

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.

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. 5breach the duty to identify and assess hazards
no. 6fail to set the protective measures or to see that they are kept
no. 7breach the duties concerning the safety and health documents
no. 11breach the duties to inform, involve or consult workers, or the duty to train them
no. 13breach 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

Quiz

What usually happens if the Labour Inspectorate finds that an assessment is missing?

  1. Nothing, as long as there hasn't been an accident
  2. The business is closed
  3. An immediate fine of at least 8,324 euros
  4. 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.