Sozialministerium - Arbeitsinspektion
Arbeitsinspektion

Administrative penal proceedings

If regulations on occupational safety and health are not adhered to, this constitutes an administrative offence when can lead to administrative penal proceedings. A court case only takes place in special situations, such as after an accident at work.

Administrative penal proceedings are carried out by the district administrative authorities. They are usually initiated because of charges brought by the Labour Inspectorate or other persons. The accused are normally either the employer(s) or their designated representatives. Employees can only be punished for certain offences, such as when they have not used personal protective equipment in spite of having received information about this having provenly been urged to do so in writing. Preventive experts are only punishable if they violate their obligations as employees, but not if they do not fulfil their tasks as a safety representative or occupational physician, because according to the Health and Safety at Work Act, employers are responsible under administrative criminal law for the orderly provision of preventive services. Several persons can be punished at the same time in the same case.

The level of the fines or other penalties depend primarily on the number or severity of the offences and whether there have already been several violations of the occupational safety and health regulation in question. If criminal proceedings in court are initiated, administrative penal proceedings cannot be carried out against the same person.

Last update: 22.01.2016