🛡️ Prevention: risk assessment of psychological stress

Every employer must systematically assess psychological stress at the workplace – an often unknown but enforceable duty.

Risk assessment (Gefährdungsbeurteilung) § 5 ArbSchG Psychological stress Occupational health and safety Works council co-determination

In brief

Every employer in Germany is legally obliged to assess the hazards to safety and health at the workplace – expressly including psychological stress such as time pressure, high work intensity, unclear responsibilities or constant availability. This applies to companies of any size, regardless of sector – from the very first employee.

Many employees, and some employers too, do not know about this duty. It does not concern you personally as an individual case, but the systematic design of working conditions in the company – and can be a lever for working towards a reduction of structural overload, instead of coping with exhaustion over and over on an individual basis.

Step by step

Check whether a risk assessment of psychological stress existsAsk the HR department, the works council or the occupational safety specialist.
Involve the works councilThe works council has a right of co-determination in carrying out and shaping the risk assessment and can, if necessary, enforce its introduction through the conciliation committee (Einigungsstelle).
Take part in surveys/workshopsCommon methods are anonymous employee surveys, moderated workshops or observation interviews – your participation provides important information.
Insist on measuresA risk assessment without derived measures and an effectiveness check does not fully meet the statutory duty.
If nothing happens, involve the supervisory authorityDepending on the federal state, the state occupational safety authorities or the accident insurance institutions are responsible.

Deadlines

No fixed repetition period

The law prescribes no rigid cycle; however, the risk assessment must be kept up to date and reviewed in the event of significant changes to working conditions.§ 5 i. V. m. § 3 Abs. 1 Satz 2 ArbSchG

Watch out – common mistakes

A missing or inadequate risk assessment of psychological stress is a breach of the Occupational Health and Safety Act (Arbeitsschutzgesetz) and can be objected to by the supervisory authority – you can also report this anonymously.
This page concerns the structural, company level. For individual entitlements once illness has already occurred, see the other topic pages of this module and the Employees module for general occupational safety law.
A risk assessment does not replace medical or psychotherapeutic treatment in an individual case – it is meant to reduce stress preventively, not to treat illnesses that have already occurred.

In depth · legal basis, figures and practice – for advisers and professionals

Legal basis

§ 5 Abs. 1 ArbSchG obliges the employer to determine, by assessing the hazards associated with employees' work, which occupational safety measures are necessary. § 5 Abs. 3 Nr. 6 ArbSchG, since the clarification of 2013, expressly names "psychological stress at work" as a hazard factor in its own right. Results must be documented under § 6 ArbSchG.

What counts as psychological stress

This includes, among other things, work intensity and time pressure, scope for action, social relationships at the workplace (e.g. conflicts, lack of support), work organisation (e.g. frequent interruptions, unclear responsibilities) and new forms of work such as constant availability. The specific methodology is not prescribed by law; common instruments range from standardised questionnaires to moderated analysis workshops.

Participation rights of the works council

The design of the risk assessment is subject to co-determination by the works council under § 87 Abs. 1 Nr. 7 BetrVG (rules on health protection). If no agreement is reached, the works council can call on the conciliation committee.

Enforcement and supervision

Compliance is monitored by the state occupational safety authorities of the Länder (Gewerbeaufsicht) and, in addition, by statutory accident insurance (Berufsgenossenschaften) as part of their prevention mandate. Violations can be punished as an administrative offence (§ 25 ArbSchG).

Who is responsible

Employer (implementation)
Works council (co-determination)
State occupational safety authority / Gewerbeaufsicht (supervision)

Quick questions

Worum geht es bei „Prevention: risk assessment of psychological stress“?

Every employer must systematically assess psychological stress at the workplace – an often unknown but enforceable duty.

Which deadlines and figures matter?

No fixed repetition period: The law prescribes no rigid cycle; however, the risk assessment must be kept up to date and reviewed in the event of significant changes to working conditions. (§ 5 i. V. m. § 3 Abs. 1 Satz 2 ArbSchG)

What should I do first?

Check whether a risk assessment of psychological stress exists: Ask the HR department, the works council or the occupational safety specialist.
Involve the works council: The works council has a right of co-determination in carrying out and shaping the risk assessment and can, if necessary, enforce its introduction through the conciliation committee (Einigungsstelle).
Take part in surveys/workshops: Common methods are anonymous employee surveys, moderated workshops or observation interviews – your participation provides important information.

What do I need to watch out for?

A missing or inadequate risk assessment of psychological stress is a breach of the Occupational Health and Safety Act (Arbeitsschutzgesetz) and can be objected to by the supervisory authority – you can also report this anonymously.
This page concerns the structural, company level. For individual entitlements once illness has already occurred, see the other topic pages of this module and the Employees module for general occupational safety law.
A risk assessment does not replace medical or psychotherapeutic treatment in an individual case – it is meant to reduce stress preventively, not to treat illnesses that have already occurred.

Evidence

§§ 5, 6, 25 ArbSchG (gesetze-im-internet.de)
§ 87 Abs. 1 Nr. 7 BetrVG (gesetze-im-internet.de)

As of

As of September 2026. · Sources and method

A question about your situation that this page does not answer? Write to us or use the contact form – we will tell you which office is responsible and what to bring. Free of charge, without individual legal advice.