In GERMANY, companies that fail to comply with their obligation to carry out a mental health risk assessment can face considerable penalties:
Fines: Fines of up to 25,000 euros may be imposed for non-compliance with the legal requirements
Criminal consequences: In the worst case, the managing director may be personally liable under criminal law. This can lead to prison sentences of up to one year or correspondingly higher fines.
Other possible consequences: Discontinuation of the affected work area, recourse claims by insurance companies in the event of an accident at work
These penalties are generally only imposed after the company has been requested by the competent authority to carry out the risk assessment and has not complied with this request within a set period of time
AUSTRIA: Failure to carry out an evaluation of mental stress in Austria can result in the following penalties in accordance with § 130 Para. 1 Z 5 ASchG:
First offense: fine from €166 to €8,324
Repeat offense: fine from € 333 to € 16,659