Construction Sector and

OHS conditions in Germany

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Dipl.-Ing. Volker Sinnhuber

2000 - 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

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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) 477 311

Insured persons (including office stuff) 2 671 755

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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

    200720062005

Reportable accidents at work per 1000 employees

No 1

No 2

No 3

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131416Health (Hospitals, Doctors, Nursing)

127167137Traffic

129126128Trading

137141113Construction Sector

303523Food and Restaurant

325Leather and Clothes Industry

857Paper and Printing Industry

101614Holz

61214Chemie

323739Fine Mechanics and Electronic

586876Metall Industry

123Gas, Long Distance Heating, Water

161411Stone Pits

333Mining

   200720062005Fatal accidents at work

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Employees in the Construction Industry

no plumbers, tilers, timberman …

Source: Stats Office

- yearly average, thousands -

8

929 859 804 776 751 726 677 637 592 561 528 526 530

482453

418 380 358 323277

243 222 206 189 185 184

1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007

West East Germany1,411

1,3121,222

1,1561,109 1,049

880954

814 767 717 711 714

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companies (construction industry)f. e. concrete workers, bricklayers, carpenters

0-9 10-49 50-249 250-500 >500 ∑

employees employees employees employees employees  

445.504 27.565 3.768 299 157 477.311

Source: DGUV 2005

exepting Plumbers, Tilers, Painters, Window Makers, …

OHS Conditions in Germany

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contributionscontributions

The social security system in Germany The social security system in Germany

paid by employers and employeespaid by employers and employees

supply

paid by employers

paid by employers

healthinsurance

pensioninsurance

accidentinsurance

unemploymentinsurance

long term careinsurance

social insurancesocial security

benefit

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Tasks of the Tasks of the Berufsgenossenschaft = statutory accident insuranceBerufsgenossenschaft = statutory accident insurance

accident prevention by all meansaccident prevention by all means

by technical inspectorsby technical inspectors

for prevention of accidents at work, commuting accidents, occupational diseases and work-related health risks

for prevention of accidents at work, commuting accidents, occupational diseases and work-related health risks

trainingsurveillanceadvice

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First aid

(BGV A1)

First aid

(BGV A1)

Notice

First aid kits

First aiders

Notice

First aid kits

First aiders

Tasks of the Tasks of the BerufsgenossenschaftBerufsgenossenschaft: Efficient first aid: Efficient first aid statutory accident insurancestatutory accident insurance

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Benefits and services provided by the Benefits and services provided by the BerufsgenossenschaftBerufsgenossenschaft statutory accident insurancestatutory accident insurance

curative treatmentby all suitable means (injury benefits) curative treatmentby all suitable means (injury benefits)

case management (temporary allowances) 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 survivors’ benefits

… and other payments… and other payments

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Introduction

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causality justifying the liability

causality causing the liability

What is an accident at work?What is an accident at work?

An accident at work implies that the …

insured person meets during an insured person meets during an

injured activity with an injured activity with an

accident that leads to a accident that leads to a

bodily damage - or to the damage or loss of a prosthesis or an aidbodily damage - or to the damage or loss of a prosthesis or an aid

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drunkennessdrunkenness

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)

premeditationpremeditation

No insurance coverage for accidents e.g. in case of …No insurance coverage for accidents e.g. in case of …

foolingfooling

self-created dangerself-created danger

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causality justifying the liability

causality causing the liability

What is a commuting accident?What is a commuting accident?

A commuting accident implies that an …

insured person meets on an insured person meets on an

injured way with an injured way with an

accident that leads to accident that leads to

a bodily damage - or to the damage or loss of anprosthesis or an aida bodily damage - or to the damage or loss of anprosthesis or an aid

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Wrong wayWrong way

Detour Detour

InterruptionInterruption

No insurance coverage for accidents e.g. in case of …No insurance coverage for accidents e.g. in case of …No insurance coverage for accidents e.g. in case of …No insurance coverage for accidents e.g. in case of …

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What is an occupational disease?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 person gets in the course of an

injured activity 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

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Funding, constitution and Funding, constitution and organisation organisation

of the of the BerufsgenossenschaftBerufsgenossenschaft

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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

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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. €)

contributionof the

employers

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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 1.000 € 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

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Right of self-governmentRight of self-government

Statutory institution Statutory institution

Constitution of the Constitution of the BerufsgenossenschaftBerufsgenossenschaftenenConstitution of the Constitution of the BerufsgenossenschaftBerufsgenossenschaftenen

Bound to law and to its articles of corporationBound to law and to its articles of corporation

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Organisation of the Berufsgenossenschaft

Representatives’ Board

Governing committee

Employers Employees

GeneralManager

competency

and contributio

n

budg

et a

nd

acco

unta

ncy

staf

findependent

departments

other departments

of the administration

technical

inspectors

technicaldepartment training

testbodies service

industrial healthdepartment (AMD)

technicaladvisorydepartment (STD)

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Self-governmentSelf-government

Self-governmentSelf-governmentSelf-governmentSelf-government

representativesrepresentatives representativesrepresentatives

employers electemployers electInsured persons electInsured persons elect

Representatives’ Board *Representatives’ Board *General managerGeneral manager

*) In the substitutes sickness insurance societies, the representatives are elected by the insured persons only.

elects

elects

proposesGoverning CommitteeGoverning Committee

Principle: autonomous administration of the social security insurers

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Procedure in case of conflict regarding benefitsProcedure in case of conflict regarding benefitsProcedure in case of conflict regarding benefitsProcedure in case of conflict regarding benefits

administrative act (ruling)administrative act (ruling)

appeal (time limit)appeal (time limit)

responsible department for appealsresponsible department for appeals

ruling deciding upon the appeal (time limit)ruling deciding upon the appeal (time limit)

Social CourtSocial Court

Social Court of the Land (appeal)Social Court of the Land (appeal)

Federal Social Court (revision)Federal Social Court (revision)

lawsuitlawsuit

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END