Abschnitt 3.1 - 3 Fundamental requirements for ensuring aviation and occupational safety
3.1 General employer's and insured individuals' duties
The employer's task is to take the required measures to prevent work accidents, occupational diseases and work-related health risks and to ensure effective first aid.
This generally formulated task from occupational safety and health legislation must be extended by the aviation law sector in airline companies, so that the relationship results in
Safety during aerial work = Occupational safety + Aviation safety.
Every employer, even a foreign employer, who works with employees in Germany, must take all the necessary measures to ensure safety in the company. Measures are necessary, if a risk can be minimised by these and if the resources and expenses to be deployed are proportionate to the size of the company.
If an employer sends his insured individuals abroad, in order to work there, he must check to what extent the German governmental occupational safety and health regulations and regulations of the German Social Accident Insurance (DGUV) are applicable.
An absolutely necessary means of doing so is the risk assessment -a process for determining risks and for assessing the associated risks for the employees.
The result is the prerequisite for taking effective and operational occupational safety and health protection measures, which are to be taken according to the following principles:
Risk to life and health is to be avoided as far as possible or effectively minimised.
The state of the art of technology, occupational medicine and hygiene as well as other substantiated findings of occupational research are to be taken into account in the case of the measures to be taken.
Here, technical measures have priority over organisational or personnel measures.
The risk assessment consists of:
a systematic determination and assessment of relevant hazards and
the derivation of corresponding measures.
To plan and execute the necessary measures:
suitable chains of command are to be formed
instructions are to be issued and compliance with them is to be checked
the insured individuals are to be qualified by training and briefing
the Occupational Physician, the OSH Professional and, if present, Safety Delegates are to be involved for support
For airline companies legal regulations to ensure aviation safety (aviation law) also apply. It is the task of an operational command and organisation system to observe both components of the "safety in the company" and to introduce necessary changes.
Insured individuals are obliged to support all measures serving occupational safety and health protection and to ensure their safety according to their possibilities and the employer's instructions. At the same time, they have to make sure that the safety and health of persons, who could be affected by their actions or neglect, are not impaired.
The insured individuals have to follow the employer's instructions during their work.
Instruction in the field of occupational safety and health protection is defined as the request to behave in a safety-conscious manner in a specific way or a concrete situation. Before transferring the work task to the insured individual, the employer must check that this person is in a position to comply with the demands and regulations on occupational safety and health protection in accordance with his mental and physical abilities, skills and characteristics. If the employer is himself not in a position to give an objective evaluation of the competence or aptitude of the insured individual, he must seek advice from suitable persons. This may be the competent Occupational Physician for example.
Exception: Instructions that are clearly contrary to safety and health requirements must not be obeyed by the insured individuals.