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- Notes on the German Labour Protection Act (ArbschG)
Notes on the German Labour Protection Act (ArbschG)
The German Labour Protection Act prescribes that employers and entrepreneurs shall "take all necessary labour protection measures that, under the given circumstances, influence the health and safety of the employees at work (Article 3 ArbschG)".
This means that the employer and entrepreneur must conduct a risk and potential danger analysis and must create conditions of work in accordance with the technical state of the art by constructional and organisational measures so that his employees are not exposed to risks for their lives or health in the performance of their work.
„The employees are obliged to take care of their health and safety within the scope of their own possibilities in accordance with the orders and instructions of their employers (or authorised representative) in the course of their work (Article 15 ArbSchG)". This principle applies to the employees themselves as well as to all colleagues, none of whom should be endangered or adversely affected by wrongful or negligent acts.
In relation to eye protection this means that: If the employer is unable to ensure the safety of the eyes of his employees by organisational or constructional measures, he must provide the appropriate personal protection equipment.
The employee, in turn, is also obliged to use this personal protection equipment that has been provided. In relation to eye protection, this means that all persons that are working or staying in an area in which there are risks for the eyes must wear protective glasses.
And what applies to the work field should apply even more when it comes to the private sphere – because most eye accidents still occur because the person concerned was not wearing safety glasses.
