Lesson 4.3 · 6 min
The safety representative
Open in the coursewith narrated slides, a checklist to tick off and a quiz
At a glance
- From more than 10 workers. In workplaces with more than 10 regular workers, safety representatives must be appointed.
- A workers' representative. Safety representatives represent the workers, with a special role in safety and health. Only workers may be appointed.
- Inform everyone in writing. Without a works council, all workers must be informed in writing. If at least a third object within four weeks, someone else must be appointed.
- Appoint and report. The appointment is for four years. The names must be reported to the labour inspectorate in writing.
- Stays with the employer. The appointment doesn't change the employer's responsibility, which can't be handed to the safety representative.
In detail
When one must be appointed
Safety representatives are workers' representatives with a special role in safety and health § 10(1) ASchG. They must be appointed in businesses with workers' bodies when more than 10 workers are regularly employed § 10(2) no. 1 ASchG, and in workplaces without workers' bodies where more than 10 workers are regularly employed, counting those at construction sites and outside work locations § 10(4) no. 1 ASchG.
How they are appointed
- With a works council: the appointment needs the consent of the responsible workers' bodies § 10(2) no. 3 ASchG.
- Without one: all workers must be informed in writing of the intended appointment. If at least a third object in writing within four weeks, someone else must be appointed § 10(4) no. 2 ASchG.
- Only workers with the necessary personal and professional qualities may be appointed § 10(6) ASchG.
- The appointment is for four years § 10(5) ASchG.
- The names must be reported to the labour inspectorate in writing § 10(8) ASchG.
What the employer owes
The employer gives safety representatives the chance to gain and extend the expertise they need § 10(6) ASchG, provides the necessary time, counted as working time, and the necessary aids and means, and instructs them appropriately § 10(7) ASchG. Responsibility for complying with worker protection rules stays with the employer and cannot be validly transferred to the safety representatives § 10(9) ASchG.
Fines above 50
Failing to appoint safety representatives carries a fine in businesses and workplaces with more than 50 regular workers, as does breaching the duties towards safety representatives § 130(1) no. 12 ASchG. The duty to appoint under § 10, however, already applies above 10 workers.
Checklist
- We have more than 10 regular workers and therefore a safety representative.
- The appointment was done properly: with the works council's consent, or after informing everyone in writing.
- The names have been reported to the labour inspectorate in writing.
- We know when the four years end.
- The safety representative has time, means and the chance to train.
Quiz
From how many regular workers must safety representatives be appointed?
- Only from 250
- More than 5
- More than 50
- More than 10
Show the answer
The answer is D: More than 10. § 10(2) no. 1 and (4) no. 1 ASchG: when more than 10 workers are regularly employed.
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.