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The trade supervisory authority inspects virtually all commercial businesses and many employers – regardless of industry or company size. Even if you only have a small business or are purely an office-based company, you can be inspected.
Why the trade supervisory authority is important for companies
Many companies react nervously when the trade supervisory authority announces an inspection or shows up unannounced. However, an inspection is not automatically a sign that there is already suspicion against the business.
The trade supervisory authority is a state regulatory body that, among other things, monitors compliance with regulations concerning occupational safety, environmental protection, and health and safety. Depending on the industry and company size, inspections can vary considerably. While in manufacturing plants the focus is often on machinery, hazardous substances, and occupational safety measures, in offices the authority tends to inspect issues such as computer workstations, working hours, and fire safety.
And what if you're just a sole proprietor?
Even sole proprietorships and micro-enterprises can be subject to inspections by the trade supervisory authority. The size of the company does not generally protect it from an inspection. What matters is whether legal regulations concerning occupational health and safety must be observed (see the Occupational Health and Safety Act ). And as soon as a company has even a single employee, numerous occupational health and safety obligations apply.
Even as a self-employed individual, you're not completely "free from legal obligations." Other duties often apply, such as traffic safety obligations, building and fire safety regulations, product safety law, accident prevention regulations of certain professional associations, or public occupational safety regulations.
This means, for example, that if you operate a workshop or shop and customers, suppliers, or other people have access, you must prevent hazards that could injure them.
What is a typical inspection process by the trade supervisory authority?
An inspection can be announced or unannounced. Spontaneous visits are more frequent, especially in sectors with a higher risk potential. Upon arrival, the occupational safety and health inspectors will identify themselves and explain the reason for the inspection.
The inspection typically begins with a meeting with management, operations management, or the responsible occupational safety specialist. This is followed by a site visit.
During this visit, the inspectors pay attention to, among other things:
- the condition of machinery and equipment
- safety signage
- escape and rescue routes
- storage of hazardous materials
- personal protective equipment
- documentation of training
- compliance with working hours
- workplace ergonomics
- fire safety measures
Additional documents are often requested. These include, for example, risk assessments, maintenance records, test reports, or proof of employee training.
What documents should you have on hand, just in case?
Good documentation is one of the most important factors for a successful inspection. Many complaints don't necessarily arise from serious safety deficiencies, but simply from missing or incomplete documentation.
Therefore, the most important documents include (of course, depending on the type of company you run):
- Risk assessments:Companies are obligated to systematically assess potential hazards to employees and define protective measures. These assessments must be updated regularly.
- Training records:Employees must receive regular training on topics such as occupational safety, fire safety, and handling hazardous materials. The date, content, and participants should be documented.
- Inspection and maintenance records:Machines, electrical systems, or safety-related equipment must be inspected regularly. Corresponding documentation should be available at all times.
- Records of working hours:Especially since the more intensive discussion about recording working hours, authorities are paying closer attention to compliance with statutory working hours and rest breaks.
- Hazardous substance register:Companies that work with chemicals or other hazardous substances must keep appropriate registers and safety data sheets.
Common deficiencies in inspections
Many violations can be avoided with relatively little effort.
The most frequent complaints include:
- Missing or outdated risk assessments
- Undocumented training
- Obstructed escape routes
- Defective or untested equipment
- Inadequate labeling of hazardous substances
- Violations of working time regulations
- Lack of fire safety officers.
Order and cleanliness also play a more significant role than many companies realize. A neglected or chaotic workplace quickly conveys an impression of poor organization.
What are the consequences of violations?
If deficiencies are identified, the trade supervisory authority often initially sets deadlines for rectification. Companies are then given the opportunity to correct the shortcomings within a specific timeframe.
However, in cases of serious or repeated violations, the authority can take significantly stricter measures. These include:
- Fines
- Bans on the use of machinery
- Shutdown of facilities
- Orders for immediate rectification of deficiencies
- Criminal prosecution in cases of gross negligence
The situation becomes particularly critical when employees are endangered by deficiencies or when workplace accidents have already occurred.
How can you best prepare for a possible inspection?
You should understand occupational safety and legal requirements as an integral part of your company's organization.
Therefore, you should:
- Conducting regular internal audits
helps to identify weaknesses early on. Many companies employ safety officers or external occupational safety specialists for this purpose. - Keep documentation up to date.
All relevant documents should be stored centrally and available at all times. Digital systems significantly simplify administration. - Raising employee awareness:
Employees should know which safety rules apply and how to behave correctly in their daily work. Regular training creates safety and reduces risks. - Clearly define responsibilities:
Who is responsible for maintenance? Who organizes training? Who checks escape routes? Clear responsibilities prevent organizational gaps. - Utilize External Consulting:
Smaller companies, in particular, often benefit from external support from occupational safety specialists or specialized consultants. They often identify risks more quickly and help with the legally compliant implementation of statutory requirements.
Tip: The Chamber of Industry
and Commerce (IHK) or the Chamber of Skilled Crafts (HWK ) are often the first sensible contact points to clarify:
- whether and what kind of support you actually need
- how extensive your obligations are as a self-employed individual or small business
- what "simplified models" may exist (e.g., alternative support models within the employers' liability insurance association).
They can also provide information on external occupational safety specialists, industry-specific solutions, or templates (e.g., risk assessments) and often offer seminars or workshops on the topic specifically for small businesses or start-ups.
Behavior during the check
Your demeanor during an inspection also plays a crucial role. You should be cooperative and provide all requested documents as completely as possible. Haste or defensive reactions are often counterproductive.
It's also important that you designate a specific contact person for the authorities. Ideally, this should be someone with an overview of operational processes and documentation.
If deficiencies are identified, you should respond objectively and coordinate concrete corrective measures. In many cases, the trade supervisory authority will be cooperative if you actively participate in finding solutions.
Conclusion
For many companies, an inspection by the occupational safety and health authority is part of everyday business. If you take occupational safety, documentation, and company organization seriously, you don't really need to fear an inspection.
Companies that are well-prepared also benefit twice over: They minimize legal risks and simultaneously strengthen their operational professionalism.
