The regulations on technical occupational safety have a double effect in that protection obligations under Section 618 Para. 1 BGB influence the individual employment relationship. In addition to a public law obligation, they then establish a private law obligation that the employer must fulfill towards the individual employee.

Which public law occupational safety standards justify fulfillment claims in private law relationships must be determined through interpretation. In addition to its public law purpose, the occupational health and safety regulations must also aim to protect individual employees. In its judgment of August 12, 2008 (9 AZR 1117/06), the Ninth Senate decided that the provisions of Section 5 Para. 1 ArbSchG also serves to protect the individual employee.

Section 5 Para. The prevention idea underlying 1 ArbSchG is the necessary preliminary stage of protection against an imminent danger and is inextricably linked to it. The employee can therefore rely on Section 618 Para. 1 BGB require the assessment to be carried out. However, Section 5 Para. 1 ArbSchG gives the employer scope for action in the manner in which the risk assessment is carried out. The standard is a framework regulation that requires completion. It does not contain any mandatory requirements as to how the risk assessment should be carried out.

In accordance with Section 87 Para. 1 No. 7 BetrVG. The individual employee cannot therefore demand that the risk assessment be carried out according to the criteria specified by him. In the case of measures requiring co-determination, the employee can only demand that the employer exercises his right of initiative in order to reach the necessary agreement with the works council on the manner of implementation. This applies to a workplace-related risk assessment at least when it involves a collective act.