In GERMANY, companies that fail to meet their obligation to conduct a psychosocial risk assessment (GB-Psych) can expect substantial penalties:
Fines: Non-compliance with legal requirements can result in fines of up to 25,000 euros
Legal consequences: In the worst-case scenario, this can lead to personal criminal liability for the managing director. This can result in prison sentences of up to one year or correspondingly higher fines.
Other potential consequences: Closure of the affected work area, recourse claims by insurance companies in the event of a workplace accident
These penalties are generally only imposed after the company has been requested by the competent authority to carry out the risk assessment and has failed to comply with this request within a set deadline
AUSTRIA: Failure to conduct the mental health evaluation in Austria may result in the following penalties pursuant to § 130 para. 1 no. 5 ASchG:
First offense: Fine from €166 to €8,324
Repeat offense: Fine from €333 to €16,659