Risk assessment and documentation are required in a legally binding manner. By performing the risk assessment you are able to take and reliably document the measures required in the field of occupational safety and health. By documenting the risk assessment you meet the statutory requirements pursuant to the Occupational Health and Safety Act and are able to present the results of the measures defined by you for reviews of the competent authorities at any time. In the event of damage, you can prove which occupational health and safety measures were defined for your employees.
Please note: Violations of duty will have consequences. If gross negligent conduct on part of the entrepreneur is suspected, for example consequential charges for lawyer, court, compensations, and fines may be incurred. Corresponding fine and penal provisions are regulated in the Safety and Health at Work Act in § 25 und § 26.
Performing the risk assessment is not only important to the employer. Employees may also benefit from the duty to perform the assessment. Specifically in disputes, the risk assessment may be used as evidence regarding hazards at their workstation. In the worst-case scenario, this evidence may be decisive for any claim for insurance benefits in order to restore the health and productive capacity of the employees and to compensate the surviving dependants, respectively. This aspect should motivate every employee to participate actively in the performance of the risk assessment and to comply with the measures derived from the assessment. He/she should be aware that it is mainly about his/her safety, health, and rights.