Federalism

Germany is a federal republic comprised of independent federal states and that structure is reflected in the OSH system. The lion's share of OSH legislation is "federal law" (i.e. national law), enacted by the "Bundestag" (Germany's lower house of parliament) with, if necessary, the approval of the "Bundesrat" (the upper house of parliament). Ordinances, on the other hand, are mainly adopted by the federal government and also usually require the Bundesrat's approval in order to be made law with final effect. The following are extensively involved from an early stage in the acts and ordinances prepared by the Federal Ministry of Labour and Social Affairs (abbreviated to BMAS in German) in the field of safety and health at the workplace:

• the federal states - (LASI)
• the trade unions' umbrella organisation (DGB)
• the employers' umbrella organisation (BDA)
• the umbrella associations of the accident insurance institutions and
• the professional associations concerned

The BMAS is supported in its work by experts at the "Bundesanstalt für Arbeitsschutz und Arbeitsmedizin" (Federal Institute for Occupational Safety and Health, BAuA). The job of monitoring adherence to this federal legislation is entrusted to the federal states. Each federal state has thus installed its own OSH inspectorate (referred to as a "Gewerbeaufsichtsamt" or "Staatliches Amt für Arbeitsschutz"), the tasks of which include the following:

• monitoring adherence to legislation
• advising employers
• in specific cases, ordering the implementation of measures needed to ensure employees' safety and health