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Occupational Health and Safety in Germany:
A Risk-Based Approach?
Sarah Haunert
This dissertation is submitted as part of a MSc degree in Risk Analysis at King’s College London
August 2012
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Table of Contents
List of Figures ........................................................................................................................................... 5
Abbreviations............................................................................................................................................. 5
Abstract ....................................................................................................................................................... 7
Acknowledgements ................................................................................................................................. 7
Occupational Health and Safety in Germany: ................................................................................. 8
A Risk-based Approach? ........................................................................................................................ 8
CHAPTER 1: Introduction ................................................................................................................... 8
CHAPTER 2: Literature Review ....................................................................................................... 11
2.1. Defining Risk and Risk-based Regulation ................................................................................. 11
2.2. Risk-based Regulation: A Matter of Different Worldviews? .................................................. 12
CHAPTER 3: Methodology ................................................................................................................ 16
3.1. Methods .......................................................................................................................................... 16
3.2. Weaknesses and Potential Biases of the Methodology ............................................................ 17
CHAPTER 4 – Occupational Health and Safety in Germany .................................................. 19
4.1. Organisation and Structure .......................................................................................................... 19
4.4.1. EU Framework Directive ..................................................................................................... 19
4.4.2. Occupational Health and Safety Act .................................................................................. 19
4.4.3. Federalism .............................................................................................................................. 20
4.4.4. Dualism ................................................................................................................................... 21
4.2. OHS in Practice............................................................................................................................. 22
4.2.1. General Approach and Methods ......................................................................................... 22
4.3. Special Case of Carcinogenic Substances: The Risk Concept ................................................ 23
4.4. Tolerability of Risk Framework .................................................................................................. 26
CHAPTER 5: Analysis ......................................................................................................................... 29
5.1. Risk-based Approach ................................................................................................................... 29
5.1.1. Science-based Assessments .................................................................................................. 29
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5.1.2. Quantification of Risk .......................................................................................................... 29
5.1.3. Cost-Benefit Analysis ............................................................................................................ 30
5.2. Risk Acceptance ............................................................................................................................ 32
CHAPTER 6: Discussion .................................................................................................................... 34
6.1. To What Extent is Germany Risk-based? ................................................................................. 34
6.1.1. Hazard-based v. Risk-based Regulation ............................................................................. 34
6.2. Institutional Factors ...................................................................................................................... 36
6.2.1. Outcome-based v. Process-based ....................................................................................... 36
6.2.2. Other Shaping Factors and Shortcomings ........................................................................ 39
CHAPTER 7: Conclusion.................................................................................................................... 41
APPENDIX 1: Forms ........................................................................................................................... 42
Geography Research Screening Form ............................................................................................... 43
Ethical Approval Notification ............................................................................................................ 44
Geography Risk Assessment Form ................................................................................................... 46
APPENDIX 2: Codes for Interview Participants .......................................................................... 47
APPENDIX 3: Glossary ....................................................................................................................... 48
Reference List ......................................................................................................................................... 49
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List of Figures
Figure 1: Overview of the German OHS System ............................................................................... 22
Figure 2: The Risk Concept for Carcinogenic Substances ................................................................ 24
Figure 3: HSE’s ToR Framework ......................................................................................................... 26
Abbreviations
AGS Ausschuss für Gefahrstoffe (Committee on Hazardous Substances)
AGW Arbeitsplatzgrenzwerte (Occupational Exposure Limits)
ALARP As low as reasonably possible
ArbSchG Arbeitsschutzgesetz (Occupational Health and Safety Act)
ASiG Arbeitssicherheitgesetz (Safety at Work Act)
BAuA Bundesanstalt für Arbeitsschutz und Arbeitsmedizin (Federal Institute of Occupational Health and Safety)
BDA Bundesvereinigung der Deutschen Arbeitgeberverbände (Confederation of German Employers' Associations)
BMAS Bundesministerium für Arbeit und Soziales (Federal Ministry for Labour and Social Affairs)
CBA Cost-Benefit Analysis
DGB Deutscher Gewerkschaftsbund (The Confederation of German Trade Unions)
DGUV Deutsche Gesetzliche Unfallversicherung (German Statutory Accident Insurance)
EU European Union
EU-OSHA European Agency for Safety and Health at Work
GDA Gemeinsame Deutsche Arbeitsschutzstrategie (Joint German Occupational Safety and Health Strategy)
GefStoffV Gefahrstoffverordnung (Hazardous Substances Regulation)
HSE Health and Safety Executive
LASI Länderausschuss für Arbeitsschutz und Sicherheitstechnik (Commission for occupational safety and safety engineering of the federal states)
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LSV Landwirtschaftliche Sozialversicherung (Agricultural Social Insurance Fund)
MEL Maximum Exposure Limits
OES Occupational Exposure Standard
QRA Quantitative Risk Assessment
ToR Tolerability of Risk
TRK Technische Richtkonzentrationen (technical guidance concentrations)
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Abstract
Risk-based regulation is often hailed as leading to more efficiency and rationality by outlining the
limitations of state intervention and by allocating resources according to where probable damage
is the greatest. Due to this apparent appeal, many suggest that risk-based regulation has the
potential to turn into a universal and homogeneous form of governance. By focusing on
Germany’s occupational health and safety regime, this study attempts to challenge such
assumptions. It explores to what extent Germany’s OHS follows a risk-based approach. Drawing
on empirical research, the study shows how normative institutions shape the acceptance of risk-
based arguments in Germany.
Acknowledgements I am grateful to my supervisor Professor Henry Rothstein for his encouragement and his
guidance whilst undertaking the research. In addition, I am greatly indebted to all the
participants, for their enthusiasm in agreeing to participate in this study and for their valuable
insights and comments. Many thanks also go to my father for his invaluable support throughout
the project.
Sarah Haunert (1151941)
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Occupational Health and Safety in Germany:
A Risk-based Approach?
CHAPTER 1: Introduction
Risk-based strategies have increasingly gained in popularity in a number of countries. They are
promoted as leading to greater efficiency in the management of resources and to increased
quality and rationality in regulation (Braithwaite et al., 2007). These risk-based approaches,
consist of a wide array of implementation and enforcement activities, thereby taking the form of
risk-based regulation. They involve different players, both private and public (Braithwaite et al.,
2007; Döhler & Wegrich, 2010). With the emergence of risk-based strategies we are also
witnessing the rise of the ‘regulatory state’, a new institutional and policy style, in which the
government interferes with social processes and corrects market failures so as to control and
minimise adverse consequences to health (Hood et al., 2001).
In its idealised form, risk-based regulation provides an evidence-based means of managing the
use of resources and it prioritises action towards the highest risks in a transparent, systematic and
defensible approach (Black & Baldwin, 2010). In this regard, the international ‘better regulation
movement’ seeks to establish an efficient use of resources to generate enhanced regulatory
performance, which recognises the complexity of modern risks and challenges thereby producing
‘better’ regulation (Döhler & Wegrich, 2010). The OECD, for example, claims that a risk-based
approach “can help to ensure that regulatory approaches are efficient, effective and account for
risk/risk trade-offs across policy objectives (…) [It] can improve the welfare of citizens by
providing better protection, more efficient government services and reduced costs for business”
(OECD, 2010, p. 11).
Sarah Haunert (1151941)
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In the UK, all those involved in regulatory affairs are required to develop and use risk-based
frameworks across all policy domains (Black & Baldwin, 2010). The UK is not the only country
to incorporate risk-based approaches. In other countries, such as the US, Australia, Canada, and
the Netherlands, risk has also turned into a central concept for organising regulatory endeavours
(Hutter, 2002). The seemingly universal interest in ‘rational’ risk-based approaches suggests that
there may be a convergence in the way governance problems are dealt with in different national
contexts. Effectively, efforts are increasingly made on the international level with the aim of
creating risk-based frameworks in order to govern harms of a cross-boundary nature (Rothstein
et al., 2011). Activities by organisations such as the EU and the OECD are cases in point (Hutter,
2006). It appears as if these efforts are built on the assumption that risk-based regulation offers a
set of common concepts, tools and approaches which can be readily applied within different
national regulatory institutions. However, ideas can often travel more easily than the content of
regulatory instruments and having the same idea does not necessarily mean that convergence will
occur (Radaelli, 2005).
Poles apart from risk being a universal form of governance, the interpretation of, the
understandings of, and the reactions to risk are shaped by institutional rules, contexts, tools and
cultures (Rothstein et al., 2011). The divergence in the adoption and implementation of risk-
based ideas represents the starting point of this study. Even though a broad range of studies
focus on risk-based regulation in the UK (Power, 1997; Hood et al., 2001; Rothstein, 2004;
Bartle, 2008), little research has been done on how risk-based strategies are implemented in other
European countries. Hence, there is a lack of evidence which could underline the assumption
that there exists variation in the adoption of risk-based strategies across different countries.
This study attempts to make a step towards filling this gap by focusing on risk-based regulation
in Germany. More specifically, departing from the core characteristics of risk-based regulation,
the study attempts to answer the following research question: to what extent does the
occupational health and safety (OHS) regime in Germany adopt risk-based strategies? In this
context, it attempts to show that there exists a variation in risk-based regulation between
different countries, which do not always apply the main characteristics of risk-based regulation
uniformly. The study’s second objective is to investigate the factors which shape the uptake of
risk-based arguments in Germany. Hence, it focuses on the way institutional structures shape
regulatory components, thereby influencing risk-based thinking and activities. Special attention is
given to how institutional normssuch expected standards of state behaviours, responsibilities
and objectivesdetermine regulatory action.
Sarah Haunert (1151941)
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The study opens with a literature review which outlines the theoretical framework (chapter 2).
This is followed by a description of the methodology in chapter 3 and a portrayal of the structure
of Germany’s occupational health and safety system in chapter 4. Chapter 4 also focuses on the
management of carcinogenic substances as this holds a special position within the German OHS.
This chapter also introduces the British Tolerability of Risk (ToR) framework, which serves as a
point of comparison to Germany’s approach with regards to carcinogenic substances. Based on
interviews with health and safety experts chapter 5 investigates the OHS regulation (chapter 5).
Finally, in chapter 6 the findings will be linked back to the theoretical framework in order to
answer the research questions.
Sarah Haunert (1151941)
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CHAPTER 2: Literature Review
2.1. Defining Risk and Risk-based Regulation
In its most simple definition risk is understood as the probability of bad outcome (Jasanoff,
1993). Closely linked to the concept of ‘risk’, is the one of ‘hazard’, which is defined as an
intrinsic property or condition that has the potential to cause harm or costs to human society
(Hood & Jones, 1996). Yet, the two concepts are not mutually exclusive. As such the UK Health
and Safety Executive (HSE) defines risk “as the chance that someone or something that is valued
will be adversely affected in a stipulated way by the hazard” (HSE, 2001, p. 16). According to
The Federal Institute of Occupational Health and Safety in Germany (Bundesagentur für
Arbeitsschutz und Arbeitsmedizin, abbr. BAuA) (2010) risk represents the probability and the
severity of a hazard to cause potential harm. The two concepts are interlinked, especially in the
field of European occupational health and safety. The European Framework Directive
89/391/EEC requires employers to undertake and document risk assessments of which the
identification of hazards plays a crucial part.
The way regulation is enacted, will strongly depend on which of these two concepts is adhered
to. Hazard-based regulation, guided by a consideration of intrinsic hazard, does not utilise impact
assessments or exposure assessments, which include considerations of the likelihood and extent
of a hazard leading to harm (Nordlander et al., 2010; Löfstedt, 2011b). Without such an
assessment of actual risk, hazard-based regulation is accused of being precautionary as well as
inhibiting activities which do not carry risk and may even be beneficial for society and individuals
(Löfstedt, 2011a). Proponents of risk-based regulation claim that risk-based approaches are
evidence-based and that they can help to better understand actual risks of harm. Unlike hazard-
based approaches which only rely on the intrinsic property of an object or a substance to cause
harm, proponents of risk-based regulation argue that risk-approaches go a step further by
including assessments of likelihood (Nordlander et al., 2010). As such a risk-based approach
entails the use of technical risk-based tools and it is based on three core aspects: science-based
assessments and quantifications (‘objective’ risk calculations); cost-benefit analyses (expressing
probable damage by monetary units); and probability theory to reduce uncertainty, calculating
the probability that adverse events occur over a given period of time (like quantitative risk
assessments (QRA), which calculate the magnitude of potential harmful effects and the
probability of their occurrence) (Hutter, 2005; Renn; 1998).
Sarah Haunert (1151941)
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The three main elements of risk-based approaches are very contentious and are at the origin of
major debates within the governance field of risk regulation. The debates reflect competing
world-views (Hood & Jones, 1996) and indicate that there is no universal adoption of risk-based
approaches.
2.2. Risk-based Regulation: A Matter of Different Worldviews?
Central to contemporary reflections on governance is the question as to what principles should
govern the identification, measurement and regulation of risk (Hood et Jones, 1996). The
normative rationale for risk-based approaches rests on the idea that by setting priorities and
directing efforts to the highest risk, governance performance can be improved and resources
used more efficiently (Klinke & Renn, 2002; Black & Baldwin, 2010). The desired result of risk-
based governance is not to reduce all risks to zero, but to minimise them to an acceptable by
using risk management and cost-benefit analysis (Klinke & Renn, 2002). By designing risk
reduction policies according to the severity of potential harm, one avoids what Breyer (1993)
refers to as ‘tunnel vision’ (overregulation of small/trivial risks, often more harmful than useful),
random agenda selection (driven by personal interest rather than by rational appraisal), and
inconsistency of measures across government.
Risk tools have become attractive for regulatory agencies and governments in their efforts to
manage societal risks and to respond to potential criticism on the legitimacy of their actions
(Hutter, 2005). The potential for criticism and the increased public scrutiny have led to greater
accountability and transparency (Rothstein et al., 2011). Increased transparency and
accountability reveal the limitations of regulation. Certain degrees of regulatory failure become
acceptable because risk-based regulation is based on probabilities (not on certainties), thus
offering a justification in case of undesired outcomes (Rothstein et al., 2006). Yet, increased
public scrutiny can augment the potential for blame and can consequently lead to so-called
blame-games (Hood, 2002). In their attempt to shun blame, individual regulators or
organisations may resort to ‘defensive risk management’, which put emphasis on blame
avoidance, often to the detriment of attending to societal risks. What becomes evident from the
above accounts is that risk emerges as an organising principle for decision-making and strongly
influences regulatory activity (Rothstein et al., 2006).
Sarah Haunert (1151941)
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Nevertheless, despite the universal appeal of risk-based approaches, the adoption of risk-based
logics is institutionally shaped and varies not only between countries but even within regimes.
The European Union, for instance, does not present a united front with regards to risk
regulation; in some areas it is risk-based whereas in others it adopts a more hazard-based,
precautionary approach (Vogel, 2001; Nordlander et al., 2010). In some countries risk
considerations are confined to only a few policy domains. It even occurs that a same regulatory
regime encompasses different regulatory logics: for example, risk-based application may be used
to gather evidence, but policy-making and rule enforcement may follow different rationales
(Hood et al., 2001; Rothstein et al., 2011).
If we accept that institutions shape behaviour through the ‘logic of appropriateness’, whereby
members of an institution act in conformity to the norm of that institution, then they equally
shape the world views of the ones working within them (March & Olsen, 1984; Peter, 2005).
These worldviews are reflected in current debates about the principles of risk-based regulation,
namely cost-benefit analysis, the scientific assessments and representing risks as probabilities,
which are also referred to as technical risk tools.
Trying to assess the risk through scientific assessments is undertaken by most countries, and the
quarrels usually do not arise over differences in methodology, measurements or dose-response
functions, but over how to interpret the data and over whether or not to quantify it (Klinke &
Renn, 2002). QRA, which calculates the magnitude of a potential loss of a harmful event and the
probability of its occurrence, is celebrated by its proponents as the backbone of rational risk
management. Opponents question the rationality and objectivity of such quantifications. They
are sceptical of claims that one can quantify risks with high degrees of certainty and criticise such
statements for creating a false sense of security. Quantifications are based on simplistic models
and the inherent uncertainty makes it almost impossible to quantify risk (Hood & Jones, 1996).
They contend that such quantifications are influenced by value judgements of experts and are at
best only subjective approximations of reality, often different to actual experiences/outcomes
(Cohen, 1996; Jasanoff, 1993).
The results of QRA are used to inform the setting of standards, hence QRA plays an important
part in what Hood et al. (2001) term the ‘cost-benefit analysis culture’, in which additional safety
measures are weighted against potential benefits. Such balancing of costs is usually determined
through value-of-life calculations and it is claimed that it allows for an efficient allocation of
resources (Renn, 1991; Graham; 2008). The combination of QRA and CBA enables
governments to effectively prioritise actions and resources accordingly. Challenging voices claim
Sarah Haunert (1151941)
14
that such an approach removes risk judgements from their social context (Horlick-Jones, 1996).
It is difficult to determine the costs of a specific risk, especially since the concept of risk is future
oriented. Moreover, the ones who incur the costs are often very different to the ones who reap
the benefits (Hunter & Fewtrell, 2001). Opponents to CBA thus claim that the determination of
cost-benefit trade-offs is essentially a political decision, which calls into questions the allegedly
objective nature of technical risk-based tools.
The question which arises is by what standards should one determine risks? In other words, what
are (un)acceptable risks or costs? Proponents of technical risk assessments hold that tools such
as CBA and QRA can help determine acceptable balances of harms (Horlick-Jones, 1996). Such
a quantitative perspective on risk redefines the goals of regulation from preventing harm to
defining acceptable levels of potential adverse effects (Rothstein et al., 2011). The simple
classification of risks into acceptable and unacceptable becomes insufficient. Such a
consideration implies the existence of an intermediate area, the tolerable area. Whereas
acceptable risks are defined as small and adequately controlled, tolerable risks are risks which are
tolerated in order to secure certain benefits (Rimington et al., 2003). Nevertheless, people will
have very different perceptions on what ‘acceptable’ and ‘tolerable’ risks are to them (Hunter &
Fewtrell, 2001) and ‘rational’ risk-based approaches are often counterintuitive to public
perceptions (Renn, 1991).
To take into account the plurality of risk acceptability, the Health and Safety Executive (HSE) in
the UK developed the tolerability of risk (ToR) framework which it set out in its landmark
document ‘The Tolerability of Risk from Nuclear Power Stations’ published in 1988 (HSE,
1988). HSE’s framework is guided by the ALARP (as low as reasonably practicable) principle,
which combines cost-benefit considerations and technical feasibility in reducing risks (Fairman,
2007). The adoption of a principle like ALARP indicates the realisation that safety may come at
the expense of other goals (Horlick-Jones, 1996). Some people, however, oppose such trade-offs
and reject that risks to human life, organisations and the environment should be tolerated at all
(Hutter, 2005). Many authors highlight that decisions on the acceptability of risks are often
political in nature (Fairman, 2007; Hutter, 2005; Cohen, 1996; Le Guen, 2007) and emerge from
underlying processes of negotiation (Horlick-Jones, 1996), which are shaped by the worldviews
of the negotiators (Renn, 1998).
A few authors attempted to explain the variation in ideas about risk by grouping organisations
and societies according to common characteristics. Some scholars differentiate between two to
five different cultural groups, such as egalitarians, entrepreneurs or individualists, fatalists and
Sarah Haunert (1151941)
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hierarchists (Douglas, 1990; Thompson et al., 1990; Rayner & Cantor, 1987). Entrepreneurs for
instance are described as perceiving risk as an opportunity to stimulate innovation and to
increase the standard of living. They prefer analytical and rational methods to solve complex
problems and rely on cost-benefit analysis to legitimate and organise decision-making.
Egalitarians on the other hand refuse to undertake trade-offs between risks and benefits no
matter how plausible and efficient such an approach may be. They usually seek to achieve high
levels of safety, are particularly concerned about equity and rely on consensual approach to
problem-solving (Renn, 1991; Renn, 1992; Hood, 1998; Lodge et al., 2010). Other authors
differentiate in their classifications between the groups who favour technical risk-based
approaches and the opponents of such approaches. Jasanoff (1993) distinguishes between
adherents to ‘soft’ or non-quantitative approaches and the adherents to ‘hard’ quantitative
methods. In a similar vein, Hood and Jones (1996) oppose quantificationism and qualitativism,
where proponents of the latter doctrine maintain that proper weight should be given to
unquantifiable factors in risk regulation.
These classifications and differentiations are meant to explain and map out the contours of the
risk debate, and should not be understood as reflections of reality. Only rarely would groups or
people perfectly fit into such classifications, usually more attenuated approaches adopted or even
hybrid attitudes can be observed (Hood, 1998). Moreover, regardless of the strategy or position
chosen, the aim is always to turn an unacceptable risk into an acceptable one. The following
sections will explore which of the above attitudes and strategy of risk can be found in Germany’s
occupational health and safety regime. This is preceded by a description of the methods used in
this study.
Sarah Haunert (1151941)
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CHAPTER 3: Methodology
3.1. Methods
The primary aim of this research consists of finding out to what extent the German occupational
health and safety regime follows a risk-based approach. The second aim is to explore how risk-
based arguments or practices are used within this regime and how institutional factors may shape
them. In order to understand how underlying processes shape the uptake of risk-based
approaches and thinking in Germany’s health and safety regime, a qualitative methodology was
chosen (Mayoux, 2005). Thus, data collection took the form of semi-structured interviews, which
were selected for flexibility and the ability to generate deeper meanings and raise issues which
may not have been anticipated by the researcher (Longhurst, 2003; Valentine, 1997).
The participants for this study were chosen according to their involvement and expertise in
German health and safety. The researcher made contact with the participants via email and
invited them to participate in the study. However, as it was difficult gain access to appropriate
participants, a snowballing technique was adopted. This technique refers to using one contact
who suggests another contact, who in turn can recommend a further contact. Such an approach
has the advantage of overcoming obstacles, such as a high refusal rate. It also helps the
researcher capture interviewees with particular fields of expertise and backgrounds (Valentine,
1997).
19 participants were interviewed and included two employees from Länder administrations and
one employee from a regional administration, one industry representative, an expert in
occupational hygiene, an employer’s representative, two employees from statutory accident
insurances, one consultant, one employees representative, two employees from federal agencies,
one government official, one person from a higher federal authority, one member of a federal
states committee, one member of a research association and a researcher at an non-governmental
research institute. Two British health and safety experts were jointly interviewed in order to
explore to what extent their rationalisations differ from the German ones. Participants were
assured that their names and the names of their respective work locations would remain
anonymous. The interviews were coded according to the participants’ professional roles (see
Appendix 2).
Initially, potential respondents were given the option to choose between face-to-face and
telephone interviews. As all of the initial respondents preferred the latter option, only telephone
interviews were conducted. Even though qualitative research often relies on face-to-face
Sarah Haunert (1151941)
17
interviews, some studies have established that telephone interviews are equally suitable (Sturges
& Hanrahan, 2004; McCoyd & Kerson, 2006; Novick, 2008). They even have the added
advantage that both the interviewer and interviewee are in their familiar surroundings, which
increases comfort and ensures a more natural behaviour (McCoyd & Kerson, 2006). Moreover,
during telephone interviews people are more willing to disclose more sensitive information
(Opdenakker, 2006). Whereas some questions sought to obtain general information on how
occupational health and safety is organised and managed other questions encouraged participants
to express their own opinions and perspectives. The interview length averaged approximately 50
minutes, with the shortest lasting 30 minutes and a couple lasting over 60 minutes.
All of the recorded interviews were transcribed verbatim. Two interviews were not recorded, but
instead notes were taken by the interviewer. Data analysis consisted in identifying common
themes and in comparing findings from interviews with existing literature on risk-based
regulation.
3.2. Weaknesses and Potential Biases of the Methodology
A common criticism of qualitatively based research is that it is not representative or generalizable
(Cloke et al., 2004). In this study this criticism is compounded by the relatively short sample size
of interviewees. It would have been beneficial to have had conducted more interviews, as this
would have allowed for a more in-depth understanding of people’s opinions on risk-based
regulation and how such opinions are reflected in practice. Yet, interviews are time consuming
with regards to preparation, transcription and analysis. The numbers of interviews were thus
restricted to what could be realised in the assigned time frame. Some shortcomings in the
methods and techniques employed can be identified.
Even though the snowballing technique overcame the obstacle of gaining access to potential
respondents, the technique involves a drawback. The aim of qualitative research methods is to
hear different accounts, meanings and perceptions so as to understand and find commonalities
in these differing ‘subjectivities’ (Mayoux, 2005). However, the snowball technique risks leading
to the recruitment of informants from a very narrow circle, due to people’s propensity to put the
researcher into contact with like-minded people (Cloke et al., 2004). It is possible that this has led
to a certain bias in responses. The researcher tried to mitigate this issue by using several initial
contact points (Valentine, 1997) and by trying to reach people without using the snowball
approach.
Sarah Haunert (1151941)
18
A problem associated with the use of telephone interviews is that the interviewer cannot see the
interviewee. Hence body language, such as facial expressions or gestures which might have
provided additional information could not be used (Opdenakker, 2006). Next to losing non-
verbal data, the absence of visual cues can lead to difficulty in establishing a rapport or in
probing, and can lead to misinterpretation of responses (Novick, 2008). To some extent,
however, the voice and intonation of the interviewee can make up for the lack of visual cues and
can lessen the negative consequences arising from it.
All but one interview were conducted in German. Even though the researcher has a good
command of the German language, some terminology issues emerged. The issues were based on
difficulties of translation. The problem revolved around the distinction between ‘risk’ and
‘hazard’. ‘Hazard’ in German is often translated with Gefährdung. Yet, the risk assessment of
workplaces, which is a mandatory requirement in every EU member state, has been translated in
Germany into Gefährdungsbeurteilung. A literal translation of Gefährdungsbeurteilung into English
would be hazard assessment. This led to some confusion during the first interviews. Yet, after
having done more literature-based research and analysed the answers, it became clear how and
when the terms of ‘risk’ and ‘hazard’ are used in Germany’s occupational health and safety
regime and in following interviews this confusion could be overcome.
Sarah Haunert (1151941)
19
CHAPTER 4 – Occupational Health and Safety in Germany
This chapter provides an overview of how the German occupational health and safety regime is
organised and structured. The OHS regime reflects a typical German administrative style,
including a complex mix of European legislation, federal legislation and enforcement activities
carried out by the Länder. The overview is followed by an account of how general areas of OHS
are regulated. Chapter 4 closes with an account of how hazardous substances and in particular
carcinogenic substances are regulated. The ‘Risk Concept’ (Risikokonzept) which is used to guide
decision-making on carcinogenic substances in Germany will be juxtaposed to the ‘Tolerability
of Risk’ framework (ToR) of the Health and Safety Executive in the UK so as to provide a
means of comparison and highlight major differences in risk-based regulation and thinking.
4.1. Organisation and Structure
4.4.1. EU Framework Directive
To date occupational health and safety is the only area of social policy where harmonisation of
law has occurred among member states of the European Union. With the adoption of the EU
Framework Directive 89/391/EEC many European countries, including Germany, experienced
a paradigm change with regards to health and safety (Larisch, 2009). The directive sought to
adopt a holistic approach in ensuring health and safety of workers at work. It contains principles
such as the prevention of risks, the protection of safety and health, the assessment of risks, the
elimination of risks or the training of workers (EU-OSHA, no date, a). Risk assessment is a vital
part of the EU’s ‘health and safety package’ and represents the cornerstone of the European
approach to improving health and safety at work. The 89/391 directive had to be transposed
into national law. Member states are free to introduce more stringent provisions to ensure
protection of their workers (EU-OSHA, no date, b). In Germany the directive has been
transposed into German legislation through the adoption of the German Occupational Health
and Safety Act (Arbeitsschutzgesetz, abbr. ArbSchG).
4.4.2. Occupational Health and Safety Act
The transpositions of the directive’s requirements led to a more comprehensive OHS legislation,
replacing many limited and diverse laws (Frick, 2004). Larisch refers to the Occupational Health
and Safety Act (Arbeitsschutzgesetz, abbr. ArbSchG) as the ‘constitution’ of German OHS
regulation (2009, p.36). Its objective consists in assuring and improving the protection of
Sarah Haunert (1151941)
20
workers’ health and safety through targeted health and safety measures. With the transposition of
the EU directive, German OHS was extended to include small and very small businesses but also
public services. The Act sets out employers’ core duties, amongst which feature the execution
and documentation of risk assessments (Gefährdungsbeurteilung) (Larisch, 2009). The risk
assessment is intended to assist employers in their general duty of ensuring the safety and health
of workers and it should enable the employer to take necessary measures for guaranteeing the
safety and health of workers (EU-OSHA, no date, c). During the transposition of the EU
directive, special attention had to be given to both the principle of federalism and the dualism of
the OHS system.
4.4.3. Federalism
On national level (federal and Land level), health and safety legislation is decreed by the Bundestag
(the lower house of parliament) with the approval of the Bundesrat (the upper house of
parliament). Regulations on the other hand are enacted by the Bundesregierung (executive body) but
they also require approval of the Bundesrat before coming into effect. The Federal Ministry for
Labour and Social Affairs (Bundesministerium für Arbeit und Soziales, abbr. BMAS) prepares
bills and regulations usually in consultation with important stakeholders (Hotopp et al., 2008).
These stakeholders include the federal states represented by the Länderausschuss für Arbeitsschutz
und Sicherheitstechnik (LASI), the umbrella organisation for trade unions (DGB), the umbrella
association of the employers (BDA), the umbrella associations of the accident insurance
institutions (DGUV and LSV), and professional associations (Fachverbände). The inclusion of
all these stakeholders exhibits the consensual style of decision-making in the German health and
safety system, where every crucial decision involves the participation of all major stakeholders.
The Ministry for Labour and Social Affairs is assisted in its general duties by the Federal Institute
of Occupational Health and Safety (BAuA, 2005).
Even though administrative arrangements may vary among the Länder, they all have to ensure
that national laws and provisions are upheld, in other words they act as oversight bodies for local
enforcement. In to order live up to this responsibility, each Land has its own state inspectorate
(Gewerbeaufsichtsamt). The specific duties of the inspectorates include monitoring whether
employers are compliant with the law, providing consultative services to employers to support
them in the implementation of necessary health and safety measures and in some cases they have
to intervene and impose necessary measures to safeguard employers’ health and safety (BAuA,
2005).
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The federal system results in a very fragmented OHS structure on the Länder level. To counter
this situation a ‘coordination strategy’ was implemented, the so-called Joint German
Occupational Safety and Health Strategy (Gemeinsame Deutsche Arbeitsschutzstrategie, abbr.
GDA). The GDA is a type of operation, supported by the statutory insurance institutions, the
Bund (federal state) and the Länder. The objective of the GDA consists in reaching a more
coordinated approach in enforcing common health and safety goals and in improving the
coordination and cooperation between the inspectorates of the Länder and the statutory
insurance companies (BAuA, 2012a).
4.4.4. Dualism
The German occupational health and safety system rests on an essential principal, namely
dualism. The dualism refers to the two pillars of the system: the statutory occupational accident
insurance and the state-run system described above. The statutory insurance for OHS (in
German Unfallversicherungsträger or Berufsgenossenschaften) consists of insurance providers
for industry, providers for agriculture and providers for the public sector (BAuA, 2005). All
firms and public sector organisations are required to be member of one of these
Berufsgenossenschaften. This is to assure that all employees are covered by insurance in the event of
an occupational accident or occupational disease. As such statutory insurance is part of the social
law (Sozialrecht) and it is regulated by the Social Code VII (Sozialesgesetzbuch VII). Due to its
functions statutory insurance is considered to form part of OHS legislation and is often referred
to as autonomous OHS legislation (autonomes Arbeitsschutzrecht). It has the authority to issue
accident prevention regulations which require the approval of the Federal Ministry in
consultation with the competent authorities of the Länder. Next to providing rehabilitation and
compensation, prevention efforts also form part of the responsibility of statutory insurance
organisations (Larisch, 2009). The Berufsgenossenschaften, in a similar way as the inspectorates of the
Länder, provide consultative services to the insured and monitor businesses for compliance (see
Figure 1).
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Figure 1: Overview of the German OHS System (Seidel et al., 2007)
4.2. OHS in Practice
4.2.1. General Approach and Methods
The primary aim of the German OHS is the prevention of accidents and occupational diseases
and the commitment of prevention is enshrined in several laws and regulations (Seidel et al.,
2007). The Gefährdungsbeurteilung (risk assessment) represents an integral part in realising the
obligation of systematic prevention. The execution of the risk assessment is the responsibility of
the employer, as the employers holds the duty of proof, meaning that he has to demonstrate that
all necessary and required safety measures have been implemented (Wegrich, 2010). The risk
assessment includes seven steps among which figure: (1) assignment of tasks, (2) identification of
hazards, (3) evaluation of risks, (4) deciding on measures, (5) evaluating the effectiveness of
measures, (6) implementation of measures and (7) reviewing the assessment and updating it if
Federal Occupational Health and Safety Law
of the Federal Republic and of the 16 Länder
Law-making
Federal State and Länder:
Acts, regulations, approval of accident prevention regulation
Monitoring
compliance with federal prescriptions through state-run
inspectorates or state-run departments for OHS
Occupational Health and Safety System in the Federal
Republic of Germany
Autonomous OHS legislation
of statutory insurance institutions
Law-making
agreement of accident prevention regulation during representative meetings of representatives of
statutory insurance organisations
Monitoring
compliance with accident prevention regulation through technical
inspectorates
Cooperation and exchange
of information
EU regulation
and directives
Sarah Haunert (1151941)
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necessary (Kirchberg et al., 2010). These steps are based on common-sense, and are more
qualitative than quantitative. Since employers often lack the expertise to effectively implement
the diverse range requirements, they are obliged under the Safety at Work Act
(Arbeitssicherheitsgesetz, abbr. ASiG) to appoint occupational doctors and specialised personnel
who consult and support them with regards to OHS requirements (ASiG, 1973).
As mentioned above, Germany has translated risk assessment into Gefährdungsbeurteilung, which in
its literal translation means hazard assessment. The choice of terminology is likely to have
implications for how the assessment is enacted. Focusing on hazards, means that one’s acts and
measures are guided by the potential of harm. Such an approach requires attention to every
potential hazard with the aim of eliminating, to the extent possible, the hazard source (and thus
the risk) (Kirchberg et al., 2010). However, if one focuses on risks, such as is the case for instance
in the UK, the scope of action becomes more targeted. Actions are then guided by the likelihood
of a harm occurring, where the primary aim is not the elimination of every potential harm but
where the aim has been redefined in terms of reducing risks to acceptable levels. Intervention is
based on a prioritisation of risks, attending first to the highest risks (Black & Baldwin, 2010).
Some risks might be so low that no action is required (Nordlander et al., 2010). In the UK the
scope of action is further concentrated by the ALARP principle (Rimington et al., 2003). Chapter
6 will analyse this issue in greater depth.
With regards to carcinogenic substances, Germany has developed the so-called ‘Risk Concept’
(Risikokonzept), which as the term indicates focuses on risks.
4.3. Special Case of Carcinogenic Substances: The Risk Concept
In 2007 the Committee on Hazardous Substances (Ausschuss für Gefahrstoffe or AGS)a
honorary committee which advices the BMAS and in which social partners, the Länder
authorities, insurance organisations and ‘science’ is representedapproved a new concept to
assess and manage risks arising from occupations with carcinogenic substances. Whereas no-
effect limits can be determined for most non-carcinogenic substances, this is often not possible
for carcinogens. The AGW (Arbeitsplatzgrenzwerte) are health-based limit values, which regulate
non-carcinogenic substances. If these limits are met no health risks are expected. It is difficult to
derive such limits for carcinogens, especially for genotoxic carcinogens (BAuA, 2012b). To deal
with this challenge a Risk Concept has been introduced to replace the old concept based on
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technical guidance concentrations (technische Richt-Konzentrationen, abbr. TRKs), which were
abolished with the adoption of the new hazardous substances regulation in 2005
(Gefahrstoffverordnung, abbr. GefStoffV) (Wriedt, 2008). The TRKs were determined in
accordance with the best available technology or state of the art and only marginally reflected
health criteria (Renn, 2010). They provided no information about the extent of the residual risk
or about the probability of incurring cancer through exposure at the workplace, thus they lacked
in transparency (Kalberlah et al., 2005).
The new concept, which is still in a trial period, attempts to address these shortcomings by
developing a unifying approach to govern risks of carcinogenic substances and to justify residual
risks. It attempts to increase transparency and to become more comprehensive by determining
general risk-based limits applicable to all carcinogenic substances. Accordingly, it is risk-based
and relies on quantitative risk assessments (Wriedt, 2008). The model is divided into three risk
zones: high risk (red zone), medium risk (yellow zone) and low risk (green zone) (see Figure 2).
Red: Stop! The health risk is no longer tolerable-use no longer allowed or strict exposure minimisation required
Tolerability Threshold 4 x 10-3
Yellow: Caution! health risk is undesirable-need to engage in active risk management
increasing health risk
Acceptability Threshold 4 x 10-4 (10-5 as of 2018)
Green: Go! Health risk is acceptable-due diligence remains
Figure 2: The Risk Concept for Carcinogenic Substances (BAuA, 2012b)
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Any activity or practice giving rise to risks falling in that area have to be abandoned unless
measures can be taken to reduce the risk so that it falls into the medium risk zone. The limit
between the high and medium risk areas is referred to as tolerability risk. This tolerability
threshold is set at a risk of 4:103, meaning that statistically 4 in 1000 workers risk contracting
cancer over their working life (BAuA, 2012b).
Risks in the medium area are considered unacceptable, yet they are tolerated under the condition
that they are continually reduced, with the aim of eventually reaching the green area (Renn,
2010). The limit between the yellow and the green risk zones is the acceptability risk and
represents a risk of 4:104, which is a transitional limit and will be reduced to 4:105 by 2018
(Wriedt, 2008; BAuA, 2012b). Risks in the low area are comparable to everyday exposure to
general environmental pollution outside the workplace. Risks in the green area do not have to be
reduced but minimisation is still encouraged (Wriedt, 2008). The whole concept is dynamic in
that it requires employers to follow the obligation of minimisation by continually reducing risks
throughout the concept. It is also a prioritising system which starts with reducing the
concentrations in the red zone, then the yellow and finally (but not mandatory) reducing
concentrations in the green zone. Next to the minimisation employers have to follow the rule for
substitution, which means that whenever possible a hazardous substance should be replaced by a
substance with a lower hazard potential. The AGS has established a catalogue of measures as
guidance for employers, which follows a graded approach, requiring more stringent interventions
for higher risks (Renn, 2010).
Is it acceptable to expect someone to work in an environment which causes a cancer risk of 1 in
1000, or 1 in a 10 000? Such a question requires more than a purely scientific reply. In
determining the acceptance and tolerance level the AGS sought to reach a socio-political
consensus by involving relevant stakeholders such as employers and employees representatives
(Renn, 2010). The tolerability risk level was derived by comparing statistics of deadly
occupational accidents, by calculating the mean risk for such accidents. For the lower risk limit,
general life risk was used as a benchmark (Wriedt, 2008). To ensure transparency regarding the
occupational risks, employers are expected to communicate the respective risks and the required
measures to their employees (Renn, 2010). It is important to note that the concept is based on
calculations of individual risk and not population risk.1 The rationale for this approach rests on
1 Individual risk v. population risk: A risk of 4:1000 means that the risk for an individual to contract cancer is 0.004%. However, if 1000 people are exposed to a substance with that level of risk, it means that 4 of them will contract cancer. Thus from an economic perspective the impact or harm will be greater if many people are in contact with such a carcinogenic substance, as if it was only a rarely used chemical (Kalberlah et al., 2005).
Sarah Haunert (1151941)
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the objective that the determined risk levels ‘imposed’ on an individual worker should be
determined independently of whether a substance is used in many workplaces or only in a few
ones (Kalberlah et al., 2005). Unlike its British counterpart, the Risk Concept excludes economic
considerations.
4.4. Tolerability of Risk Framework
The approach outlined by the British Tolerability of Risk concept is very similar to the German
Risk Concept. However, some crucial differences exist which will be developed in the following.
Unlike the German concept, the ToR concept is not restricted to carcinogenic substances, but
informs the Health and Safety Executive’s decision-making process regarding all the diverse
work environments it overseas (Bandle, 2007).
The ALARP principle represents an essential part in the HSE’s ToR concept (see figure 3).
Usually HSE relies on good practice, which is considered to be the minimum acceptable position
Figure 3: HSE’s ToR Framework (HSE, 1988, p. 8)
Unacceptable Region
Risk cannot be justified save in extraordinary circumstances
The ALARP or Tolerability region (risk is undertaken only if a benefit is desired)
Tolerable only if risk reduction is impracticable or if its cost is grossly disproportionate to the improvements gained Tolerable if cost of reduction would significantly exceed improvements gained
Broadly acceptable region (No need for detailed working to demonstrate ALARP)
necessary to maintain assurance that risk remains at this level
Negligible risk
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(Rimington et al., 2003). The aim consists in continuously improving good practice, especially in
the general region of tolerability. However, in doing so each new risk reduction measure has to
be subjected to the ALARP principle (Bandle, 2007). The ALARP principle implicitly recognises
that even after all practicable and reasonable precautions have been taken, there is still a certain
level of residual risk (Rimington et al., 2003). Yet, according to the rationale of the ALARP
principle residual risks in the tolerable region (see Figure 3) are only tolerable if further risk
reduction would be impracticable or if it was grossly disproportionate in effort, time or cost
(Topping, 2001).
This rationale indicates that cost-benefit analyses form an important part of the ALARP
principle. When undertaking risk reduction measures, there should be an explicit valuation of the
benefit of reducing the risk (HSE, 2001). Duty-holders are required to adopt ‘practicable’ control
measures and can only refrain from risk reduction measures if they can demonstrate that the cost
of doing so would be grossly disproportionate to the benefit achieved. However, the higher the
risk, or the closer it moves to the intolerable area, and the greater the disproportionality between
costs and benefits, the lesser inclined the HSE would be to recognise it as being ‘grossly
disproportionate’ (Bandle, 2007). Quantitative risk estimates are carried out to inform CBA by
determining the likelihood and the impact of a potential adverse event. The inclusion of CBA
and the calculation of probabilities stand in stark contrast to the German approach where such
computations are not undertaken.
With regards to the regulation of hazardous substances, ALARP and the related QRA and CBA
are also applied. The occupational exposure standard (OES) is like the AGW and represents only
a negligible risk. The maximum exposure limit (MEL) is set for substances for which a no-effect
level cannot be derived. They cannot be exceeded and are located in the upper boundary of the
tolerable region. Furthermore, exposure should be reduced so far as is reasonably practicable
(Topping, 2001).
In the UK, risk limits were established in a similar way than in Germany, involving the
comparison of risks, consideration of societal concerns and the involvement of relevant
stakeholders. Yet both countries came up with different risk limits. The upper limit in the ToR
concept, namely the one between the tolerable and the unacceptable region, differentiates
between the general population and workers. An annual risk of death to members of the public
in excess of 1:104 is regarded as intolerable, whereas for workers an occupational risk of death
exceeding 1:1000 is considered intolerable (HSE, 2001). Where the German concept does not
differentiate between the general public and employees, the HSE justifies this distinction by the
Sarah Haunert (1151941)
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fact that the public include especially vulnerable members, and that workers usually voluntarily
take up an employment which they are adequately trained and receive contribution for
(Rimington et al., 2003). The lower boundary, the limit between the broadly acceptable and the
tolerable region represents a risk of death of 1:106. This represents a higher limit than the current
4:104 risk limit in Germany. Another difference which needs pointing out is that the risk in the
German concept is expressed in terms of cancer risk and not as risk of death used in the British
concept. The reason for this difference and how it compares to the German concept are
elaborated in chapter 6.
Although some similarities can be perceived, they are crucial differences between the two
concepts. These differences exhibit the extent to which the two countries differ in their
application of risk-based principles. In the next chapter the findings of the interviews will shed
light on the different rationales underlying the approaches and will specifically focus on the
German case.
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CHAPTER 5: Analysis
This chapter outlines the findings of the interviews, which are analysed by drawing on the
literature presented in chapter 2. Respondents’ quotes will be used as much as possible to ensure
that the analysis is closely tied to the collected data. As the interviews were conducted in German
the quotes were translated into English by the researcher. The interviews are coded according to
the participants’ job roles (see Appendix 2).
5.1. Risk-based Approach
To recapitulate, risk-based approaches to regulation include three core components: science-
based assessments, cost-benefit analyses and quantitative risk assessments or the calculation of
risk probabilities. In the following section, each element will be separately analysed.
5.1.1. Science-based Assessments
The results suggest that Germany carries out scientific assessments in several areas such as
ergonomics, noise and most notably to determine exposure limits for hazardous substances (ER;
SAI1; HFA). The determination of health-based occupational exposure limits (AGW) on a
scientific basis has already been undertaken a few decades ago (LI1; HRA). An employee of a
federal higher authority (HFA) claimed that once exposure-risk-relationships (Expositions-
Risiko-Beziehungen) were undertaken it became apparent that previous exposure levels,
determined by technical guidance concentrations, were unacceptable for some carcinogenic
substances and exposed workers to intolerable risks. The same respondent mentioned that for
the Risk Concept exposure-risk-relationships have been calculated for 40 years of work life and 8
hours/day and remarked “this is very conservative, because who is working 40 hours a week
with carcinogenic substances and this for 8 consecutive hours?” Another respondent (IC)
claimed that “[such an exposure] does obviously not reflect reality”. This precautionary
approach at the scientific stage is also reflected in risk quantifications.
5.1.2. Quantification of Risk
Concerning the quantification of risks, respondents’ replies exhibited a high degree of
consistency. A general scepticism was expressed, for example:
“[Quantifications] are problematic and this is why people reveal a fundamental scepticism
towards them.” (R1)
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“In Germany we only use risk quantifications for carcinogenic substances. I can tell you,
numbers are very uncertain (…). They seem precise, but whether they really reflect reality is
being questioned.” (HRA)
The risk quantifications which are part of the Risk Concept are the exception (IC). Even with
regards to the Risk Concept there is a general tendency towards avoiding the use of the risk
limits, and instead one prefers to mention the different colours of the model. Some respondents
stressed that the values of 4 in 103 and 4 in 104 do not represent reality and that safety factors had
been included in the calculations. Hence these numbers do not mean that necessarily four people
will contract cancer over the span of their working life. Consequently as an employee of a
statutory insurance (SAI1) stated “we do not wish to unsettle people with these numbers”.
A UK health and safety official (UKHS2) on the other hand explained that risk quantifications
form an essential but not exclusive part of the decision-making process regarding OHS
measures. The respondent conceded that other factors such as societal concern are also included,
turning the approach into a semi-qualitative one. An official of a Land inspectorate (LI1)
thought that the general approach to occupational risks in Germany was qualitative rather than
quantitative. This difference between the German and UK approach is reminiscent of the
distinction between quantificationists and qualificationists drawn by Hood and Jones (1996),
where Germany could be considered as more qualificationist and the UK as more
quantificationist.
A respondent from a federal committee (FC) said that because there are no thresholds for
carcinogenic substances, the OHS system is somewhat forced to adopt a risk-based approach.
Yet, he argued that such quantifications are not part of the German culture. An employer’s
representative (ER) argued in a similar vein and emphasised that trade-offs, such as represented
by risk quantifications of the Risk Concept “are contrary to our philosophy of our occupational
health and safety”. The averseness towards accepting trade-offs is also a major reason for
Germany’s OHS system to not engage into cost-benefit analyses.
5.1.3. Cost-Benefit Analysis
All respondents unanimously rejected the application of cost-benefit analyses. One respondent
said that CBA is a taboo in Germany (SAI1). Another respondent (FA1) exclaimed “I dread
CBA. You just can’t balance health against costs or any kind of benefit. This is related to the
passage of the Constitution which states that human dignity is inviolable, everyone has the right
Sarah Haunert (1151941)
31
to physical integrity. You can’t buy this physical integrity of someone regardless of the benefit”.
Many other interviewees referred to these lines in the German Constitution, for example:2
“The dignity of a person has to be protected. Yet, this is not guaranteed anymore if you follow a
CBA.” (EmR)
“The human dignity and integrity are anchored in our constitution. If harm occurs, this will
inevitably lead to costs. But what costs are we talking about? What benefit are we talking about?
We talk about constitutionally protected values and the question which arises under a CBA
perspective would be ‘who is more entitled to this constitutional protection?’“ (RI)
Linked to sections of the Constitution, claims were made which echoed an egalitarian notion. A
government official (GO) claimed with regards to the Risk Concept “CBA does not play any role
at all. We focus on the individual risk an employee is exposed to, and we do not differentiate
whether five or 50,000 employees work with a substance, but all substances are treated equally.”
One employees representative (EmR), comparing Germany to the UK, claimed that unlike
Germany the UK undertakes CBA, which is criticised by Germany, as it focuses on the collective
and not the individual risk. According to Renn (1991) egalitarians are very concerned about
equity and therefore refuse to undertake cost-benefit analyses, since such an aggregate approach
would not properly take into consideration the individual. Respondents’ rejection of CBA
corresponds to this egalitarian stance: they reject CBA because it entails trade-offs, which do not
sufficiently take into account the individual and which can lead to unequal outcomes.
Cost-benefit analysis is often claimed to be useful for the efficient allocation of resources
(Graham, 2008; Hood & Jones, 1996). A UK health and safety expert (UKHS2) claimed that
without calculating probabilities and applying CBA there is potential for a misallocation of
resources. The UK with its use of CBA and QRA would belong to what Renn (1991) calls the
‘entrepreneurs’, who focus technical methods to regulate risks. Nevertheless, OHS in Germany is
not devoid of any economic considerations. One industry representative (IR) said that if no
economic considerations were taken into account at all, one might as well try and set all
occupational limits to zero exposure. Yet, economic viability and technical feasibility form part
of decision-making processes, but this happens in a more informal, indirect way (LI1). Through
the consensual style of policy-making, industry participates in the decision-making processes, and
hence points attention to cost issues and technical feasibility. One respondent (EmR) explained
2 “Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority.” (Basic Law, 1949, Art.1(1)). “Every person shall have the right to life and physical integrity.(…)” (Basic Law, Art.2(2))
Sarah Haunert (1151941)
32
this situation by saying that during the discussions about the Risk Concept, industry wanted
lower risk limits and employees wanted higher ones. They then agreed on a compromise and
applied a temporary acceptability limit of 4 in 104, to be reduced to 105 by 2018.
Some respondents, mostly occupational health and safety officials (LO; LI1; FC) emphasised the
advantage of undertaking OHS measures. They said that employers are likely to reap economic
benefits and drive forward technical innovation if they invest in OHS. One respondent (FC)
mentioned that the statutory insurance bodies have developed a model which demonstrates that
if a company invests one Euro into OHS it is likely to receive 1.3 Euros in return.
The above findings indicate that, besides scientific assessments, Germany seems to be reluctant
to adopt CBA and QRA in its decision-making process on OHS. Even though the Risk Concept
is based on QRA and scientific assessments, it represents only an isolated case and was more a
measure of last resort for regulating substances for which no safety threshold can be established.
As the rigorous rejection of CBA and QRA imply, Germany does not accept trade-offs and
strives for a high level of safety. The next section explores how the existence of risks is,
nevertheless, justified and rationalised.
5.2. Risk Acceptance
Gathering from the respondents’ replies it appears that Germany’s OHS regime exhibits a very
low risk acceptance and willingness to engage in trade-offs, instead it strives for a high level of
safety. This is exemplified by a number of conditions. First, some respondents (OHE; SAI1;
EMR) mentioned that it is not uncommon for Germany to resort to ‘gold-plating’ with regards
to EU directives. This means that Germany often adopts more stringent measures in the context
of OHS than required by the EU. The rationale for this was simply that they felt that either EU
directives were not precise enough or that the occupational exposure limits were too low. Even
though respondents conceded that zero risk is essentially unattainable, one respondent (OHE)
pointed out that “the Germans tend to want zero risk, but that is not possible.” A researcher
(R2) confirmed this and said that Germany focuses on the absolute potential of harm. He
continued by saying that “in Germany we still tend to follow a zero-risk philosophy. The best is
to have no risk, whatever the costs”. Yet, this leads to a situation where residual risks have to be
justified or minimised if possible. If risks cannot be sufficiently minimised one has to resort to
the TOP-principle. According to this principle risks have to be reduced first by applying
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33
technical measures, if these are insufficient organisational measures have to be taken and at the
very last come personal safety measures (SAI2).
With regards to the Risk Concept, which stands a bit in contradiction with the reluctance to
engage in risk trade-offs, the existence of residual risks, especially the ones in the yellow zone,
are justified by the obligation for minimisation (SAI1). One employee of a federal agency (FA1)
engaged in the elaboration of the concept claimed that the risks in the yellow zone can be
tolerated, because they do not represent a permanent condition, and at some point all exposures
have to be minimised to the level of acceptable risk.
A difference to the British ToR framework is that the German Risk Concept states the risk in
cancer rates and not in death rates. Two respondents gave very similar replies when asked why
cancer rates were expressed:
“OHS is primarily about prevention, i.e. it is about the prevention of diseases, that is the
argument for choosing cancer cases and not death cases.” (EmR)
“We want to prevent cancer cases. The benchmark is health and not life. Health should be
preserved, that means cancer cases have to be prevented and we do not want to tolerate that
someone falls ill with cancer...We don’t want to regulate survival, we want to regulate health.”
(FA1)
Their replies stress the aim of ensuring high levels of safety and the reluctance to accept any
risks. An interviewee from a higher federal authority (HFA) mentioned that at the beginning the
risk model was called ‘Risk Acceptance Concept’, because experts involved in its development
could not agree on an acceptability threshold. The interviewee said that in the end they wanted
to do away with the initial name because “the core of our model is not to accept risks but to
minimise them”. This anecdote shows that there is a clear refusal to accept any risks. A federal
agency official brought the issue to the point by saying “to use risk numbers does not mean that
one tolerates risks.”
The findings were poignant because a high level of consistency was revealed in the answers.
They show that Germany’s occupational health and safety regime rejects CBA and QRA and is
unwilling to accept any kind of risk. The question which arises is, to what extent then is
Germany risk-based? Another question which imposes itself is what are the factors which
influence and shape the views on risk-based approaches within the OHS regime? Respondents’
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34
frequent reference to the German constitution provides a glimpse as to which shaping factors
are at work.
CHAPTER 6: Discussion
6.1. To What Extent is Germany Risk-based?
6.1.1. Hazard-based v. Risk-based Regulation
The findings reveal that there is a general disinclination in the German occupational health and
safety regime to undertake cost-benefit analyses and calculate risk probabilities. However, as
outlined in chapter 2, risk-based approaches start with assessing hazards to then determine the
likelihood of adverse events and their impact by applying probability calculations and CBA
(Nordlander et al., 2010; Hutter, 2005; Renn 1998). Germany quantifies risks only with regards to
the Risk Concept, but with a perceived reluctance and more as the result of a measure of last
resort. Without resorting to CBA and QRA the approach in Germany then mostly focuses on
hazards. The EU Directive requires that risk assessments are carried out in workplaces. Yet,
Germany translated risk assessment into Gefährdungsbeurteilung, which necessarily puts the
emphasis on Gefährdungen or hazards. Even though risk evaluations form part of the
Gefährdungsbeurteilung, according to a respondent (R1), they play only a subordinated role.
Due to the translation some inconsistency has been observed among the replies of the
participants, who confused hazard-based with risk-based. When asked whether they thought that
the OHS regulation was risk-based, many of them thought it was and mentioned that the
evaluation of risks was an important part of the Gefährdungsbeurteilung. Yet, when they explained
what the situation looked like in practice, it appeared to be more hazard-based. A respondent
from a statutory accident insurance organisation (SAI1) said that a Gefährdungsbeurteilung has to
look at all possible hazards, “essentially you have to tick [every hazard] off”. Another respondent
(GO) said that “you look at every possible activity and the risk evaluation which one has to do
for every activity only determines whether strict or less strict measures have to be taken.” The
respondent continued by saying that the risk evaluation is not used to prioritise certain activities,
because one cannot ignore less risky activities. Prioritising risks so as to determine the allocation
of resources is another crucial part of risk-based regulation (Klinke & Renn, 2002; Black &
Baldwin, 2010). The fact that Germany does not prioritise activities is another indication for its
focus on hazard-based approaches. As mentioned above (4.2.1.), focusing on hazards leads to a
more holistic, all-encompassing approach. The two previous quotes confirm this comprehensive
approach.
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It appears as if risk has not been able to establish itself as a regulatory principle in the German
occupational health and safety regime. A researcher (R1) claimed that traditionally risk
assessments did not play a role in Germany and that the emphasis was on hazards. He felt that
even to this day a risk orientation had still not gained any ground. This is in line with Hutter’s
(2005) observation, that the language of risk is rarely used by German agencies. Yet, the
researcher (R1) thought that through the adoption of the EU Directive, risk has become a bit
more present within OHS awareness.
To what extent does the EU impact Germany’s uptake of risk-based approaches? As Germany
has to transpose EU directives into national law, it is necessarily influenced by the stance the EU
adopts towards OHS. However, it is questionable whether the EU approach towards OHS will
influence Germany to become more risk-based. One respondent (FA2) claimed that with regards
to risk regulation “the EU does not represent a united front.” Another interviewee felt that
sometimes the EU is more risk-based and that sometimes it is more hazard-based. Nordlander et
al. (2010) observed that with regards to the regulation of chemicals, the EU regulates some areas
according to a hazard-based approach, while other areas such as medicinal products are regulated
following a risk-based basis. Vogel (2001) also claimed that the EU did not adopt a uniform
approach with regards to risk regulation. He felt that the precautionary principle strongly shaped
risk policies in Europe, but that paradoxically the principle coexisted with the execution of risk
assessments.
The precautionary principle, which allows policy-makers to take discretionary decisions in the
absence of scientific certainty in order to prevent harm, emerged from the German
Vorsorgeprinzip (precautionary principle) (Graham & Hsia, 2002). As the principle in the absence
of scientific certainty, it is considered to be hazard-based (Löfstedt, 2011b). Even though the
Vorsorgeprinzip originated as a principle of environmental law, it now permeates many fields of
social regulation (Rothstein et al., 2011). As such, the German OHS is also influenced by
precautionary thinking. A respondent from a federal authority with expertise in environmental
risks (FA1) said that the precautionary aspect is less pronounced in the German OHS, but that
the conservative risk limits of the Risk Concept include an element of precaution. Another
interviewee (GO), referring to the Gefährdungsbeurteilung, argued that prevention represented a
maxim. This maxim is also present in the duty of prevention of statutory insurance organisations,
which involves the use of all possible means to prevent occupational accidents and diseases
(Larisch, 2009). Even though the precautionary principle does not play an explicit role within
the OHS regime, one can still detect a precautionary approach in OHS decision-making.
Sarah Haunert (1151941)
36
Risk-based thinking seems to only play a subordinate role in German OHS, which predominately
concentrates on hazards. The approach adopted by Germany’s OHS regime appears more
qualitative than quantitative. A quantitative approach would imply making trade-offs between
risks and benefits and between different types of risks; yet this is unacceptable in Germany. A
few tentative explanations were provided to explain the focus on hazards. Yet, what are the
factors which render it so difficult for risk-based approaches to gain ground in Germany’s OHS
system? Why is there an aversion towards engaging in trade-offs? The next section attempts to
answer these questions by focusing on how institutional variables shape the uptake of risk-based
approaches in Germany.
6.2. Institutional Factors
6.2.1. Outcome-based v. Process-based
As already explored in the findings section, Germany’s OHS regime presents traits of
egalitarianism and it is rather qualificationist than quantitative. One characteristic of egalitarians
is that they want to ensure a high level of safety, even at the expense of economic efficiency.
Moreover, egalitarians attempt to adopt a holistic when solving problems and strongly rely on
cooperation and equity (Renn, 1991; Renn, 1998). These characteristics are found in the German
OHS, where the Gefährdungsbeurteilung adopts an all-encompassing approach and where decision-
making is consensus-based. Entrepreneurs on the other hand are more likely to put up with risks
from activities if these activities enable them to secure certain benefits. To address problems they
prefer to use technical methods and use cost-benefit rationalisations to guide decision-making
(Renn, 1991). They emphasise the collective and attempt to maximise outcomes. Unlike the
egalitarians, who are more focused on processes, entrepreneurs are more outcome-driven. With
its emphasis on risk-based approaches and the technical methods they entail, the UK would
belong in the camp of the entrepreneurs.
Another distinction than the one adopted by cultural theorists is proposed here, namely the
distinction between deontologists and utilitarians, whereby Germany would be defined as
deontological and the UK utilitarian. This distinction is chosen as it is more in line with the
collected data and because it better reflects the normative aspects which shape the application of
risk-based approaches in both countries. Utilitarianism holds that an act is morally right if and
only if it maximises the overall ‘good’. It is said to be a form of consequentialism, which
maintains that an act is morally right if it produces a good outcome. Utilitarianism is thus
outcome-based (Sinnott-Armstrong, 2011). Deontological ethics on the other hand derive the
rightness or wrongness of an act more by the way that act has been performed, rather than by its
Sarah Haunert (1151941)
37
outcome. What makes an act right for deontologists is its conformity with a moral norm.
Deontological ethics is sometimes also described as duty-based ethics and is process-based
(Alexander, 2008). Unlike the utilitarian (or consequentialist) perspective, which focuses on the
collective, a deontological approach perceives the individual as an end in him or herself
(Gutmann, 2010).
Where can the deontological or process-based approach be detected in Germany’s OHS regime?
And how does it influence risk-based approaches? The frequent mention of provisions from the
constitution shows that constitutional norms in Germany are not just “a general framework
establishing a minimum consensus about certain principles” but they are “a political programme
containing particular substantive goals” (Dyson, 1980, p. 213). According to Gutmann (2010) the
dignity principle laid out by the first article (see footnote 2) has a structural function as it shapes
Germany’s legal system and discourse, but it also radically prohibits the quantification of rights
or a utilitarianism of rights since everyone should be guaranteed the right to dignity.3 This anti-
utilitarian position explains why quantification of risks and the CBA are unacceptable in
Germany. A respondent (EmR) expressed this anti-utilitarian approach by asking, “Does
utilitarianism focus on the right of individual integrity? I fear it doesn’t.” QRA and CBA are
outcome-based and focus on collectives, they are rejected by the dignity principle on the grounds
that they would lead to an objectification and sacrifice of some individuals. Additionally, the
constitution also focuses on the right to physical integrity, which has been mentioned by some
respondents (5.1.3.). From these constitutional rights derives the normative concept of duty of
protection (Schutzpflicht) (Huber, 2009). This protection duty of the state applies to individual
rights and not to the aggregate rights of a collective (Gutmann, 2010).
The duty of protection is visible in Germany’s high level of safety and in its focus on hazards,
which leads to an all-inclusive consideration of potential harms. If the individual’s integrity and
dignity is the benchmark for all action, then high safety standards in Germany’s OHS are a
necessary consequence. An interviewee’s (FA1) quote illustrates this focus on the individual “in
our basic law it states that everyone has the right to physical integrity. Consequently, if only one
person is affected you have to take measures”.
3 The deontological approach and its anti-utilitarian stance is exemplified by a legal decision taken by the Federal Constitutional Court in 2006 concerning the authorisation to bring down planes which have been seized by terrorists. The court revoked this authorisation, ruling that it was inconceivable to have a law which would allow the firing of a plane carrying innocent passengers. It argued that killing innocent people to save others, would violate the dignity principle and would strip passengers of their rights and would objectify them (Gutmann, 2010).
Sarah Haunert (1151941)
38
Due to the absence of a written constitution, the UK’s normative foundations are more flexible,
yet also more difficult to identify. The UK is often referred to as the regulatory state (Moran,
2001) which is to be understood as an interventionist state, or nanny state, which sets and
enforces rules of behaviour. It stands in contrast with other forms of state intervention, such as
public ownership, taxes and subsidies (Hood & Scott, 2000). Influenced by the neoliberal agenda
of the Thatcher years (Peck, 2001) and by the emergence of the New Public
Managementwhich applies business management strategies to the public sector to increase
cost-efficiencyBritain has moved from a “rules-based process driven tradition to a results-
based approach” (Hood and Scott, 2000, p. 15). Tightly linked to the New Public Management is
a shift towards greater accountability, which is reflected in what Power (1997) calls “audit
explosion”, namely the attempt by bureaucracies to record everything so as to legitimate their
actions.
The orientation towards economic efficiency is essentially outcome-based and shows that the
UK has traits of utilitarianism. This outcome-based orientation is present in the regulation of
occupational health and safety where, ALARP, QRA and CBA aim at maximising benefits for
society and of avoiding undue burdens with adverse economic consequences (HSE, 2001).
Another example of the outcome-based focus is apparent in the different tolerability thresholds
which have been set for workers and the general public. A British health and safety expert
(UKHS1) argued that this difference was justified by the compensation workers received for
taking the risk and by the fact that workers were aware of the risks. Such an outcome-based
argument would probably not be accepted in Germany, since it would entail a risk trade-off
which would ignore the equality of rights as set out by the constitution.
Looking at the different normative foundation in Germany and the UK and at their different
approaches towards risk, it becomes apparent that there is no universal uptake of risk-based
ideas. Indeed, the process-based approach in Germany and the focus on individual integrity and
dignity are difficult to reconcile with risk-based approaches. Moreover, the above account
illustrates how institutions shape the behaviour of their members. According to March and
Olsen (1984) people’s behaviour is shaped by the ‘logic of appropriateness’. The ‘logic of
appropriateness’ states that the values of an institution define what a person considers to be an
appropriate action for a certain situation. Behaviour of individuals thus conforms to the norms
of the institutions and their actions are aimed towards fulfilling the duties imposed by the
institutions (March & Olsen, 1984; Peters, 2005). With regards to Germany and the UK, risk
ideas are then shaped and influenced by institutional contexts. However, other institutional
Sarah Haunert (1151941)
39
variables are also said to shape the uptake of risk-based ideas in Germany. They will be briefly
explored in the following part.
6.2.2. Other Shaping Factors and Shortcomings
Krieger (2012) and Rothstein et al. (2011) mention other institutional variables as shaping factors
of risk-based approaches in Germany. As such they focus on procedural aspects of Germany’s
style of public administration. They argue that Germany’s legal foundations are characterised by
rigidity. According to them, German public administration is ‘juridified’, which fits uneasily with
risk-based approaches and their inherent uncertainties. Yet, no evidence was found in the
collected data of this study. Instead interviewees (LO; GO) mentioned that approaches including
risk considerations, such as the Risk Concept, are not formally codified, but are included in legal
ordinances or regulations (Verordnungen), which are developed by the executive. Usually, such
regulations are more flexible; they do not have to go through the parliamentary route and can be
passed faster than formal laws (Ossenbühl, 2007). Even though risk ideas may fit uneasily with
the rigid administrative law of Germany, regulations enacted by the executive can circumvent
this rigidity.
Furthermore, Krieger (2012) and Rothstein et al. (2011) focus on structural characteristics in
Germany. Rothstein et al. (2011) claim that Germany’s fragmented and multi-level nature of
policy-making complicates risk-based decision-making; different views on how to apply risk-
based approaches and contradictory interests tend to clash. The interview data, on the other
hand, did not provide evidence for this claim. It demonstrated great consistency among
respondents’ replies, suggesting overall consent rather than disagreement concerning OHS
management. Moreover, the consensual style of decision-making helps to overcome
contradictory interests or at least it helps to reach compromises. Krieger (2012) mentions that
due to the fragmented nature of Germany’s polity, risk-based approaches are not needed as a
defensive strategy to deflect blame. He argues that in this complex web, responsibilities are
shared and accountability becomes fuzzy. The potential for public scrutiny and for blame
attribution to specific state actors is reduced. Even though this study lacks sufficient data to
properly assess Krieger’s claim, his account is likely to apply to Germany’s OHS regime. Risk-
based approaches as blame deflectors appear to be of little importance in the OHS regime, not
only because it is very fragmented but also because employers are the first ones to be held
responsible in the case of an accident.
Sarah Haunert (1151941)
40
Nevertheless, there is a need to explore the structural and procedural arguments in more depth
with regards to Germany’s OHS regime. Moreover, this study only focused on one regime,
namely occupational health and safety. Yet, the approach taken by Germany’s OHS system is not
necessarily adopted by other regimes, such as food safety or environmental protection.
According to Hood et al. (2001) differences in risk-based approaches can vary from one domain
to the other. Hence different regimes in Germany might follow a different approach towards
risk, which represents an avenue for further research.
Sarah Haunert (1151941)
41
CHAPTER 7: Conclusion
This study set out to analyse whether arguments about the universality of risk and risk-based
regulation hold. Focusing on Germany’s occupational health and safety regime it demonstrates
that risk in governance does not follow a universal pattern, but that risk ideas are used and
conceptualised in different ways due to certain institutional influences.
Whereas risk-based regulation has asserted itself in the UK, pervading almost every regulatory
domain (Black & Baldwin, 2010), Germany is not marked by such an all-encompassing
endorsement of risk-based regulation. Germany’s normative foundation, which is strongly
anchored in the principles enshrined in its constitution, strongly influences the uptake of risk-
based arguments. The focus on individual dignity and physical integrity as well as the duty of
protection conflict with conceptualisations of risk which contain uncertainties and probable
damage. Whereas the UK’s utilitarian features facilitate or even demand the adoption of risk-
based regulation, Germany’s essentially process-based focus is incompatible with outcome-based
risk tools such as CBA and QRA. Even though scientific assessments are undertaken, for
example to determine occupational exposure limits, cost-benefit analysis and probability
calculations are uncommon if not unacceptable. The trade-offs they include would violate the
principles of the constitution. Nevertheless, trade-offs are done, albeit in a more indirect fashion.
In the consensual tradition of decision-making trade-offs are reflected in adopted compromises,
yet they are not as explicit as in strictly risk-based approaches.
The Risk Concept relies on a partial conceptualisation of risk, namely on scientific assessments
and risk quantifications. Yet, this concept represents an exception and was adopted as there were
no better alternatives to managing risks from exposure to carcinogenic substances and the aim of
the concept is to eventually lead to acceptable exposure levels for all substances, thus ensuring
that the state complies with its duty of protection.
Finally, the assumed proliferation of universal risk ideas and approaches seems to be influenced
if not restricted by impervious institutional obstacles, which rely on their normative foundations
as benchmarks for governing risks. Yet, regardless of whether a risk-based approach is adopted
or not, every country aims at reaching acceptable levels of safety.
Sarah Haunert (1151941)
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APPENDIX 1: Forms
Sarah Haunert (1151941)
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Geography Research Screening Form
Sarah Haunert (1151941)
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Ethical Approval Notification
From: [email protected]
Sent: 30 May 2012 16:24
To: Haunert, Sarah
Cc: Rothstein, Henry
Dear Sarah Haunert,
KCL/11-12_1107 MSc Risk Analysis
I am pleased to inform you that full approval for your project has been granted by the GGS
Research Ethics Panel. Any specific conditions of approval are laid out at the end of this email
which should be followed in addition to the standard terms and conditions of approval:
- Ethical approval is granted for a period of one year from the date of this email. You will not
receive a reminder that your approval is about to lapse so it is your responsibility to apply for an
extension prior to the project lapsing if you need one (see below for instructions).
- You should report any untoward events or unforeseen ethical problems arising from the
project to the panel Chairman within a week of the occurrence. Information about the panel may
be accessed at: http://www.kcl.ac.uk/research/ethics/applicants/sshl/panels/.
- If you wish to change your project or request an extension of approval you will need to
submit a new application with an attachment indicating the changes you want to make (a
proforma document to help you with this is available at:
http://www.kcl.ac.uk/research/ethics/applicants/modifications.html).
- All research should be conducted in accordance with the King's College London Guidelines
on Good Practice in Academic Research available at:
http://www.kcl.ac.uk/college/policyzone/index.php?id=247&searched=good+practice&advsea
rch=allwords&highlight=ajaxSearch_highlight+ajaxSearch_highlight1+ajaxSearch_highlight2
If you require signed confirmation of your approval please forward this email to [email protected]
Sarah Haunert (1151941)
45
indicating why it is required and the address you would like it to be sent to.
Please would you also note that we may, for the purposes of audit, contact you from time to
time to ascertain the status of your research.
We wish you every success with this work.
With best wishes
Yours Sincerely,
GGS Reviewer
Conditions of approval (if blank there are no specific conditions):
Sarah Haunert (1151941)
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Geography Risk Assessment Form
Sarah Haunert (1151941)
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APPENDIX 2: Codes for Interview Participants
Interview Number Interviewee Job Role Code
1 Employee of Higher Federal Authority HFA
2 Researcher of Non-governmental Research
Institute R1
3 Employee of Statutory Accident Insurance
Organisation SAI1
4 Employee of Land Inspectorate LI1
5 Employee of Federal Agency FA1
6 Occupational Hygiene Expert OHE
7 Employer’s Representative ER
8 Employees Representative EmR
9 Employee of Federal Agency FA2
10 Regional Inspectorate RI
11 Government Official GO
12 Member of Federal Committee FC
13 Researcher of Research Association R2
14 Land Official LO
15 Independent Consultant IC
16 UK Health and Safety Expert UKHS1
17 UK Health and Safety Expert UKHS2
18 Industry Representative IR
19 Employee of Statutory Accident Insurance
Organisation SAI2
Sarah Haunert (1151941)
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APPENDIX 3: Glossary
Arbeitsplatzgrenzwerte (AGW) Occupational Exposure Limits
Arbeitsschutzgesetz (ArbSchG) Occupational Health and Safety Act
Arbeitssicherheitsgesetz (ASiG) Safety at Work Act
Ausschuss für Gefahrstoffe (AGS) Committee on Hazardous Substances
Berufsgenossenschaften or Unfallversicherungsträger
Statutory Accident Insurance Organisations
Bundesministerium für Arbeit und Soziales (BMAS)
Federal Ministry for Labour and Social Affairs
Bundesrat The upper house of parliament
Bundestag The lower house of parliament
Expositions-Risiko-Beziehungen Exposure-risk-relationships
Gefährdung Hazard
Gefährdungsbeurteilung Risk assessment (according to EU Directive); hazard assessment (literal translation)
Gefahrstoffverordnung (GeStoffV) Hazardous Substances Regulation
Gemeinsame Deutsche Arbeitsschutzstrategie (GDA)
Joint German Occupational Safety and Health Strategy
Land (singular); Länder (plural) The federal states in Germany
Länderausschuss für Arbeitsschutz und Sicherheitstechnik (LASI)
Commission for occupational safety and safety engineering of the federal states
Risikokonzept Risk Concept
Technische Richtkonzentrationen (TRK)
Technical guidance concentrations
Verordnungen Regulations or ordinances
Sarah Haunert (1151941)
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