Under a German government bill, employers will be able to delegate occupational safety duties under § 13 ArbSchG in text form, and to appoint safety specialists and company doctors under the ASiG the same way. An email or PDF will then be enough. The employer's duties stay unchanged. Until the act enters into force, written form with a signature still applies.
Dipl.-Ing. Marc Riegel
Geschäftsführer · Dipl.-Ing. Sicherheitstechnik
Managing Director · Dipl.-Ing. Safety Engineering
As of 5 November 2026: this page is based on the government bill for the Act on the Modernisation and Digitalisation of Employment Promotion (Bundestag printed paper 21/7870). The Bundestag has not yet passed the bill, and the wording may change. Until it enters into force, written form with a signature still applies.
Under the bill, the German Occupational Safety and Health Act (ArbSchG) and the Occupational Safety Act (ASiG) will accept text form wherever they currently require delegations and appointments to be made in writing. Proceedings with the supervisory authority will also be possible electronically. The employer's duties and responsibility stay exactly as they are. Only the form changes.
Download the free info sheet → (PDF, 1 page, German)
What is text form?
Text form under § 126b of the German Civil Code (BGB) means a legible declaration on a durable medium that names the person making it. An email or PDF is sufficient; no handwritten signature is needed. The stricter written form under § 126 BGB requires exactly that signature and forces a media break in digital workflows.
- Legible declaration: the content is set out in written characters, for example as an email or PDF.
- Durable medium: the declaration can be stored and retrieved unchanged, for example as an email, PDF or on paper.
- Declarant named: it is clear who is making the declaration, for example by name and role at the end.
What changes in the ArbSchG and ASiG?
| Provision | Subject | Today → future |
|---|
| § 13(2) ArbSchG | Delegating employer duties to reliable, competent persons | in writing → in text form |
| § 2(1) ASiG | Appointing a company doctor | in writing → in text form |
| § 5(1) ASiG | Appointing an occupational safety specialist | in writing → in text form |
| § 8(3) ASiG | Employer rejecting a proposal by the safety specialist or company doctor | in writing → in text form |
| § 22(1) ArbSchG, § 12(4) ASiG | Proceedings with the supervisory authority | in writing → in writing or electronically |
The federal government estimates around 280,000 new appointments each of company doctors and of safety specialists per year, and savings of around €1 million a year from these appointments alone. (Printed paper 21/7870, compliance costs for businesses; retrieved on 05.11.2026)
Where does the legislative process stand?
- 15 Jul 2026 ✓ Cabinet decision
- 7 Sep 2026 ✓ Government bill, printed paper 21/7870
- 25 Sep 2026 ✓ First reading in the Bundestag
- 12 Oct 2026 ✓ Public hearing in the Committee on Labour and Social Affairs
- open Second and third reading in the Bundestag
- open Bundesrat and promulgation
- open Entry into force
When does text form apply?
The changes to the ArbSchG and ASiG enter into force on the first day of the quarter following promulgation (Art. 12(3) of the bill). Examples: promulgated in Q4 2026 → 1 Jan 2027 · Q1 2027 → 1 Apr 2027 · Q2 2027 → 1 Jul 2027. Until then, written form applies.
What should you do now?
- Keep delegating and appointing in writing. Existing delegations remain valid, because written form always satisfies text form.
- Review your existing delegations. Are scope, authority, resources and project still current for each one? With changing project teams, now is a good time to check.
- Prepare a digital workflow. Template, confirmation by the delegated person, filing, and evidence for the authority and the accident insurance institution (BG).
Download the free info sheet → (PDF, 1 page, German)
Related: Safety coordination at construction sites and HSE management on project.
When do we update this page?
We update this page after every legislative step.
- 5 Nov 2026: First publication, based on the government bill and committee hearing
How does SAFETEE support you?
We review your existing delegations and appointments, prepare templates and a digital workflow, and support the switch once the act is in force. Let's talk about your switch: via our contact page or by phone on +49 234 58885-0.
This information does not replace legal advice in individual cases.
Will an email be enough to delegate duties under § 13 ArbSchG?
Yes, once the change is in force. The email must meet text form under § 126b BGB: legible, durably storable and naming the declarant. The substance stays the same: describe scope, authority and resources clearly. We recommend a confirmation from the delegated person as evidence. Until entry into force, written form remains mandatory.
Can I appoint an occupational safety specialist by email?
Under the bill, yes. § 5(1) ASiG will require text form instead of written form, as will § 2(1) ASiG for company doctors. An email or PDF naming the employer will then be enough. Until entry into force, written form with a signature still applies. The requirements for professional competence do not change.
Do existing written delegations need to be renewed?
No. Delegations and appointments made in writing with a signature remain valid. Written form is the stricter form and always satisfies text form. It is still worth acting: check whether the scope, authority, resources and project reference of each delegation still match your current organisation.
When does text form apply?
On the first day of the quarter following promulgation of the act (Art. 12(3) of the bill). If the act is promulgated in the fourth quarter of 2026, for example, text form applies from 1 January 2027. As of 5 November 2026, the Bundestag has not passed the bill. Until entry into force, written form applies.
Do the duties themselves change?
No. The bill only changes the form. The employer remains responsible for occupational safety, even when delegating tasks to reliable and competent persons. Selection, instruction and supervision remain the employer's duty. Anyone delegating by email in future should therefore document just as carefully as they did on paper.
Leistung
