(in German)

The report provides a historical overview of legal developments and discusses the current legal basis for cooperation between several companies in the field of occupational safety and health. It focuses in particular on hazardous substances and dangerous goods law and refers to the Industrial Safety Regulation. The report focuses on legal issues relating to occupational safety in the storage, handling and transport of hazardous substances in comparison to the storage, handling and transport of paper goods, thereby supporting the BAuA research project F 2570 'Occupational safety at the interfaces of supply chains (INTER-OSH)'. The aim is to provide an overview of the relevant case law and to make a well-founded assessment of the compatibility of different areas of law. It addresses relevant sections of the Occupational Safety and Health Act (ArbSchG), the Supply Chain Due Diligence Act (LkSG) and the EU directives on occupational safety and health (89/391/EEC) and on the health protection of workers with temporary employment relationships or agency work (Directive 91/383/EEC). In addition, the report also takes into account relevant conventions of the International Labour Organisation, namely ILO Conventions 155 and 187. Based on the corresponding BAuA research project, the experts were provided with three so-called BAuA use cases that outline empirical problems in safety-related cooperation between employees of a shipper on the one hand and a logistics company on the other. The report contributes to the legal assessment of typical cases of diffusion of responsibility and legal uncertainty, particularly in chemical and paper logistics, and recommends possible additions to the technical regulations as well as non-normative rules for cooperation between several employers in occupational safety and health.

Please download the complete report "Expert report on cooperation between several companies in occupational health and safety" (in German only).