WHY OCCUPATIONAL SAFETY DOCUMENTS MUST BE AVAILABLE IN GERMAN

In an increasingly globalized working world, linguistic diversity has become commonplace in German workplaces. Despite this multilingual reality, the German language remains of central importance in occupational safety. A recurring question from our clients concerns the appropriate language for occupational safety-related documents, particularly when the company’s main language is English and its headquarters are located outside of Germany.

Legal requirements and practical considerations necessitate that occupational safety documents be available in German. This article outlines the legal foundations, the role of other languages in occupational safety, and offers recommendations for managing multilingual workforces.

Official Language Is German

In Germany, German is the official language. Section 184 of the German Courts Constitution Act (GVG) stipulates that the language of the courts is German. This means that all official documents, including occupational safety documentation, must be drafted in German, as they may need to withstand judicial scrutiny in the worst-case scenario.

This regulation ensures a uniform basis for communication in case of legal disputes or official inspections. It also facilitates cooperation between various institutions and authorities. Although the Occupational Health and Safety Act (ArbSchG) does not explicitly specify a required language for safety documents, the federal states have enacted their own measures. In North Rhine-Westphalia (NRW), for example, the Administrative Procedure Act NRW (VwVfG NRW) applies in collaboration with regulatory authorities. Section 23(1) of this act states: “The official language is German.” To avoid any misunderstandings, the responsible authority is entitled to promptly request a translation for any documents submitted in another language.

TIP:
KUECK Industries is happy to provide documents in other languages. However, our standard approach is to first prepare documents in German. With the help of our translation service partners, we can provide translations into other languages at any time.

Are Other Languages Even Allowed?

Although German is the official language, legal provisions acknowledge the linguistic diversity present in workplaces. Section 12 of the Occupational Health and Safety Act (ArbSchG) requires employers to adequately and appropriately instruct employees on safety and health at work. A similar requirement appears in Section 4 of DGUV Regulation 1 and is further detailed in DGUV Rule 100-001.

Section 2.3.1 of this rule states: “Oral instruction must be provided in a comprehensible form and language.” This can mean that instructions must be given in a language other than German if necessary to ensure that employees understand them.

The Hazardous Substances Ordinance (§14 GefStoffV) and the Operational Safety Ordinance (§12 BetrSichV) also emphasize the need to provide information in a clear and understandable language. This underscores the employer’s duty to ensure that all employees can comprehend relevant safety information. Consequently, it may be necessary to offer not only instructions in other languages but also prepare operating instructions and risk assessments accordingly.

Example:
One of our clients holds events with international participants. English is the event language. At KUECK Industries, we initially create the relevant occupational health and safety documents in German. These are then translated into English. English is also the working language for our colleagues on site during the event.

Translating Documents for Employees With Different Native Languages

For employees who do not have sufficient knowledge of German, it is essential to provide occupational safety documents in a language they understand. This can be achieved through translated documents or oral instructions in their native language. The goal is to ensure that all employees fully understand and can apply the necessary occupational safety information.

It is also important to ensure that those providing the instructions confirm that the recipients have understood them. This cannot be achieved if the recipients do not adequately understand German. In such cases, employers have no choice but to work with translators and provide documentation in other languages.

TIP:
Review the languages spoken within your company and take appropriate steps if you cannot be sure that all employees sufficiently understand documents and instructions in German. Such steps may include providing multilingual documentation, employing interpreters, or training managers in intercultural communication. The experts at KUECK Industries are happy to assist.

Conclusion

Using German in occupational safety documents is legally essential. At the same time, the reality of many workplaces demands a flexible and inclusive approach to ensure that all employees understand the necessary safety information. By combining original German documents with clear translations and effective communication strategies, employers can fulfill legal obligations while also enhancing the safety and well-being of their workforce.