Legal BGF Requirements

What do I need to legally observe for BGF — what's mandatory, what's voluntary?

Note: this refers to German law. BGF is voluntary, but § 3 ArbSchG requires every employer to run a risk assessment (physical and psychological). GKV subsidies under § 20b SGB V require a structured BGM process per the Prevention Guide — BGF-Kompass provides it.

Mandatory vs. voluntary: What the law requires

Topic	Legal Basis	Mandatory / Voluntary	Consequence of Non-Compliance
Risk assessment (psychological + physical)	§ 3–5 ArbSchG	MANDATORY for all employers, from 1 employee	Fines, liability in the event of a workplace accident
Occupational health support	§ 2 ASiG / DGUV V2	MANDATORY above a certain employee count and risk class	Regulatory offense (Ordnungswidrigkeit)
Occupational health promotion (BGF)	§ 20b SGB V	VOLUNTARY — statutory health insurers (GKV) are required to support BGF (§ 20b), funding subject to process & application	No sanction, but GKV subsidies are forfeited
BGM process per Prevention Guide	GKV Prevention Guide / § 20b SGB V	Prerequisite for GKV funding	No process means no access to § 20b funding
Maternity protection, BEM, addiction prevention	MuSchG, SGB IX § 167, various	MANDATORY (partly from a certain company size)	Employment-law liability

What's actually mandatory: § 3 ArbSchG — Risk Assessment

Every employer in Germany — even with just one employee — is required under § 3 (1) ArbSchG (Occupational Health and Safety Act) to take suitable occupational safety measures. § 5 ArbSchG specifies further: hazards must be systematically assessed, and since 2013 this has explicitly included psychological strain (burnout, stress, overload).

The risk assessment must be documented in writing. Missing or inadequate documentation can lead to fines and civil liability during workplace inspections and following workplace accidents. BGF-Kompass captures psychological strain in a standardized way as part of the employee survey and makes the results available in a traceable, documented form.

Physical hazards: ergonomics, noise, lifting and carrying
Psychological strain: time pressure, conflict, emotional exhaustion (explicit since 2013)
Documentation requirement: measures must be recorded in writing
Review requirement: regular updates when working conditions change

Occupational Health Support Under ASiG / DGUV V2

The German Occupational Safety Act (ASiG) and DGUV Regulation 2 require companies to provide occupational medical and safety support. The specific form (company physician or standard care) and scope depend on the number of employees and the industry's risk classification.

Office workplaces are often covered by basic care with a low hourly allocation. Still, appointing a company physician or occupational safety specialist is mandatory — even for small and mid-sized businesses.

BGF Itself Is Voluntary — But With a Strong Incentive

Occupational health promotion in the sense of prevention courses, health days, or stress management programs is not a legal requirement. However, the German Social Code (§ 20b SGB V) requires statutory health insurers to actively support BGF — provided the company can demonstrate a structured BGM process.

In practice: companies that run BGF in a structured way qualify for GKV support and a conversation with the insurer on equal footing. Those that don't leave funding opportunities on the table. On top of that, there's a tax-free allowance of up to €600 per employee per year under § 3 No. 34 EStG (German Income Tax Act) — again, only with a documented process.

Company Integration Management (BEM): Mandatory After 6 Weeks of Absence

Under § 167 (2) SGB IX, employers are required to offer a BEM meeting when an employee has been unable to work — continuously or repeatedly — for more than 6 weeks within a 12-month period. BEM is not the same as BGM, but the transition is fluid — companies that run BGF early reduce the number of BEM cases.

Related measures & topics

Key takeaways

Mandatory: risk assessment (physical + psychological) under § 3–5 ArbSchG for every employer.
Mandatory: occupational health support under ASiG/DGUV V2 (scope depends on industry and size).
Mandatory: offering BEM under § 167 SGB IX after more than 6 weeks of absence.
Voluntary, but funded: BGF under § 20b SGB V — GKV pays when a BGM process is documented.
BGF-Kompass links the mandatory risk assessment with voluntary BGF in a single process.

Frequently asked questions

As an employer with 15 employees, am I required to offer BGF?+

No, BGF is voluntary. What's mandatory is the risk assessment under § 3–5 ArbSchG (including psychological strain) and occupational health support under ASiG/DGUV V2. But BGF pays off financially: GKV subsidies (§ 20b SGB V) and a tax-free allowance of €600 per employee per year (§ 3 No. 34 EStG) often make it cost-neutral.

What happens if I don't have a risk assessment?+

A missing risk assessment is a regulatory offense under § 25 ArbSchG and can result in fines of up to €25,000. In the event of a workplace accident, it can also establish the employer's civil liability.

Does the psychological risk assessment count as BGF?+

No, it's a separate legal requirement under § 5 ArbSchG — but it provides the ideal data foundation for BGF. BGF-Kompass systematically collects psychological strain factors and links them to concrete BGF measures, so the mandatory assessment and voluntary BGF work together effectively.

From when is BEM mandatory?+

Under § 167 (2) SGB IX, employers must offer BEM when an employee has been unable to work for more than 6 weeks within a 12-month period — regardless of company size.

How are ArbSchG requirements and BGF funding connected?+

The risk assessment (mandatory) provides the needs analysis that BGF (voluntary) builds on. Companies that combine both — the mandatory analysis plus a voluntary BGF process following the Prevention Guide — meet all requirements while unlocking GKV subsidies and the tax exemption under § 3 No. 34 EStG.

Mandatory + Voluntary BGF in One Process

BGF-Kompass captures psychological strain for the risk assessment while simultaneously managing the BGM process that unlocks GKV subsidies and the § 3 No. 34 EStG tax exemption.

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Sources

Last updated: 2026-06-19. Not legal or tax advice — have your specific case reviewed by a professional.

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