MD Liability & GBPsych
What is mandatory in workplace health management?
If the psychosocial risk assessment required under § 5 ArbSchG is missing, fines of €5,000 to €25,000 can apply. In the event of work-related illness, management can also be held personally liable for organizational negligence — since minimum compliance cannot be proven.
Risks of a missing GBPsych
| Risk | Legal basis | Consequence | How EasyBGM mitigates it |
|---|---|---|---|
| Regulatory fine | § 5 in conjunction with § 25 ArbSchG | €5,000–25,000 for a missing or incomplete GBPsych | Structured, fully documented GBPsych |
| Personal liability of management | Organizational negligence (§ 130 OWiG) | In the event of work-related illness, management can be held personally liable | Complete evidence of fulfilled compliance |
| Official order / workplace inspection | Supervisory authority (§ 22 ArbSchG) | Follow-up demands, deadlines, higher fines in case of repeat offenses | Compliance status ready to present at any time |
What the GBPsych is — and why it's mandatory
The psychosocial risk assessment (GBPsych) is part of the general risk assessment required under § 5 ArbSchG (Germany's Occupational Safety and Health Act). Since 2013 it has been explicitly clarified that psychological strain in the workplace must also be assessed.
This duty applies to all employers from the first employee onward — regardless of industry or company size. It is not a one-time project but must be kept up to date on an ongoing basis.
Note: this guide describes obligations under German law (ArbSchG, OWiG) and is provided for general information only — it does not constitute legal advice.
What fines can apply
If the risk assessment is not carried out, is incomplete, or is not documented, the supervisory authority can treat this as a regulatory offense under § 25 ArbSchG. In practice, fines for mid-sized companies typically range from around €5,000 to €25,000; higher amounts are possible in cases of repetition or intent.
Personal liability of management
Beyond the fine, management bears a personal risk: if a work-related illness occurs and the legally required risk assessment cannot be shown to have been carried out, management can be accused of organizational negligence (§ 130 OWiG).
Proof is therefore decisive: anyone who carries out the GBPsych in a structured way and documents it completely removes the basis for this accusation.
How EasyBGM secures compliance
EasyBGM carries out the risk assessment — including psychological strain — in a structured, GDPR-compliant way: standardized data collection, documented derivation of measures, a review reminder for updates, and a compliance record that can be presented at any time to authorities and in dismissal-protection proceedings.
Related topics
Key takeaways
- The GBPsych is mandatory under § 5 ArbSchG — from the first employee onward, on an ongoing basis.
- If it is missing, fines of around €5,000–25,000 can apply (§ 25 ArbSchG).
- Management can additionally be held personally liable for organizational negligence (§ 130 OWiG).
- Protection = structured implementation + complete documentation — exactly what EasyBGM delivers.
Frequently asked questions
Is the psychosocial risk assessment really mandatory?+
Yes. It is part of the risk assessment required under § 5 ArbSchG and applies to all employers from the first employee onward — psychological strain has been explicitly included since 2013.
How high are the fines?+
For mid-sized companies, fines for a missing or incomplete GBPsych are typically around €5,000 to €25,000 in practice (§ 25 ArbSchG); higher amounts are possible in cases of repetition or intent.
Can the managing director be held personally liable?+
Yes, that's possible: in the event of work-related illness without a provable risk assessment, organizational negligence (§ 130 OWiG) can be alleged. Complete documentation protects against this.
How often must the GBPsych be updated?+
The risk assessment must be kept current on an ongoing basis — particularly after significant changes to working conditions or processes, or following relevant incidents. A review reminder mechanism ensures this.
Prove GBPsych compliance completely — with EasyBGM
EasyBGM carries out the risk assessment, including psychological strain, in a structured way and delivers the complete documentation that removes fine and liability risks.
Sources
Last updated: 2026-06-17. Not legal or tax advice — have your specific case reviewed by a professional.