Construction Sector and OHS conditions in Germany

Seite 2 Dipl.-Ing. Volker Sinnhuber statutory accident insurance BGBAU Inspector 1993 – 2000 site manager german construction industry 1992 Exam at the University of Hannover Dipl.-Ing. curriculum vitae CV ~840 km ~630 km

Construction Sector and OHS conditions in Germany

German Construction Figures

Seite 5 German Construction Figures 2007 GDP (Gross Domestic Product), billion Euro 2423 Construction Output, billion Euro 236 Share of GDP 9,7 % Inhabitants, millions 82,2 All Employees in Germany, millions 39,7 Employees in Construction (includes Timbermen, Plumbers, tilers…)millions 2,2 Share of Construction Sector 5,5 % Companies (Construction sector) Insured persons (including office stuff)

Seite 6 14,4612,7713,04Health (Hospitals, Doctors, Nursing) 39,8841,3741,17Traffic 18,7118,6117,81Trading 66,6070,3366,96Construction Sector 46,3648,4048,50Food and Restaurant 22,9622,5922,23Leather and Clothes Industry 25,0224,4825,46Paper and Printing Industry 64,4865,2762,00Timber Industry 14,8614,2314,86Chemical Industry 18,6115,7416,07Fine Mechanics and Electronics 44,3442,7041,39Metall Industry 22,6824,7624,44Gas, Long Distance Heating, Water 40,1542,1742,24Stone Pits 18,7719,1823,56Mining Reportable accidents at work per 1000 employees No 1 No 2 No 3

Seite Health (Hospitals, Doctors, Nursing) Traffic Trading Construction Sector Food and Restaurant 325Leather and Clothes Industry 857Paper and Printing Industry Holz 61214Chemie Fine Mechanics and Electronic Metall Industry 123Gas, Long Distance Heating, Water Stone Pits 333Mining Fatal accidents at work

Seite 8 Employees in the Construction Industry no plumbers, tilers, timberman … Source: Stats Office - yearly average, thousands - 8 1,411 1,312 1,222 1,156 1,109 1,

Seite 9 companies (construction industry) f. e. concrete workers, bricklayers, carpenters >500∑ employees Source: DGUV 2005 exepting Plumbers, Tilers, Painters, Window Makers, …

OHS Conditions in Germany

Seite 11 contributions The social security system in Germany paid by employers and employees supply paid by employers health insurance pension insurance accident insurance unemployment insurance long term care insurance social insurance social security benefit

Seite 12 Tasks of the Berufsgenossenschaft = statutory accident insurance accident prevention by all means by technical inspectors for prevention of accidents at work, commuting accidents, occupational diseases and work-related health risks training surveillance advice

Seite 13 First aid (BGV A1) First aid (BGV A1) Notice First aid kits First aiders Notice First aid kits First aiders Tasks of the Berufsgenossenschaft: Efficient first aid statutory accident insurance

Seite 14 Benefits and services provided by the Berufsgenossenschaft statutory accident insurance curative treatment by all suitable means (injury benefits) curative treatment by all suitable means (injury benefits) case management (temporary allowances) injury benefits (2/3 of the gross annual earnings (JAV) x % reduction on earning capacity (MdE)) injury benefits (2/3 of the gross annual earnings (JAV) x % reduction on earning capacity (MdE)) survivors’ benefits … and other payments

Seite 15 Introduction

Seite 16 causality justifying the liability causality causing the liability What is an accident at work? An accident at work implies that the … insured person meets during an injured activity with an accident that leads to a bodily damage - or to the damage or loss of a prosthesis or an aid bodily damage - or to the damage or loss of a prosthesis or an aid

Seite 17 drunkenness activities serving one’s own economic interest (not related with the insured activity) activities serving one’s own economic interest (not related with the insured activity) premeditation No insurance coverage for accidents e.g. in case of … fooling self-created danger

Seite 18 causality justifying the liability causality causing the liability What is a commuting accident? A commuting accident implies that an … insured person meets on an injured way with an accident that leads to a bodily damage - or to the damage or loss of an prosthesis or an aid a bodily damage - or to the damage or loss of an prosthesis or an aid

Seite 19 Wrong way Detour Interruption No insurance coverage for accidents e.g. in case of …

Seite 20 What is an occupational disease? An occupational disease implies that an … causality justifying the liability causality causing the liability injured person gets in the course of an injured activity a disease that is specified in the relevant regulation as occupational disease a disease that is specified in the relevant regulation as occupational disease and causes a damage to health and thus obligation of compensation and causes a damage to health and thus obligation of compensation

Seite 21 Funding, constitution and organisation of the Berufsgenossenschaft

Seite 22 Raising funds Advance payment of contributions every two months Subsequent coverage of needs Apportionment quota per 31st December of every year The apportionment quota includes expenditure for: compensations accident prevention first aid expenditure administrative costs procedural costs annual wages confirmation addressed to BG until 11 February of the new year Demand for payment in April for the previous year and demand for advance payment for the current year

Seite 23 Funding of the Berufsgenossenschaft der Bauwirtschaft: Main apportionment (incl. risk category) + internal equalisation of burdens (without taking into account the risk categories) + external equalisation of burdens (solidary relief by the other insurers against accidents; for 2005 approx. 160 Mio. €) contribution of the employers

Seite 24 Funding of BG BAU Main apportionment: contribution = total annual wages x risk category x contribution rate 1 contribution rate 1= apportionment quota total of all contribution BG BAU risk category 1 = office => 3,90 € per € wages some risk categories since 2006: office 1.0 building 16.1 construction extension 7.3 earth and road works 7.3 chimney sweeper 5.3 cleaning contractors 4.5 electrical 44.7 installations insurance of employers 5.0

Seite 25 Right of self-government Statutory institution Constitution of the Berufsgenossenschaften Bound to law and to its articles of corporation

Seite 26 Organisation of the Berufsgenossenschaft Representatives’ Board Governing committee Employers Employees General Manager competency and contribution budget and accountancy staff independent departments other departments of the administration technical inspectors technical department training test bodies service industrial health department (AMD) technical advisory department (STD)

Seite 27 Self-government Self-governmentSelf-government representatives employers elect Insured persons elect Representatives’ Board * General manager *) In the substitutes sickness insurance societies, the representatives are elected by the insured persons only. elects proposes Governing Committee Principle: autonomous administration of the social security insurers

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Seite 29 Procedure in case of conflict regarding benefits administrative act (ruling) appeal (time limit) responsible department for appeals ruling deciding upon the appeal (time limit) Social Court Social Court of the Land (appeal) Federal Social Court (revision) lawsuit

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