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Construction Sector and OHS conditions in Germany. curriculum vitae CV. Dipl.-Ing. Volker Sinnhuber. 2000 - statutory accident insurance BGBAU Inspector. 1993 – 2000 site manager german construction industry . ~840 km.
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curriculum vitae CV Dipl.-Ing. Volker Sinnhuber 2000 - statutory accident insurance BGBAU Inspector 1993 – 2000 site manager german construction industry ~840 km 1992 Exam at the University of Hannover Dipl.-Ing. ~630 km
Reportable accidents at work per 1000 employees 2005 2006 2007 Mining 23,56 19,18 18,77 Stone Pits 42,24 42,17 40,15 Gas, Long Distance Heating, Water 24,44 24,76 22,68 Metall Industry 41,39 42,70 44,34 Fine Mechanics and Electronics 16,07 15,74 18,61 Chemical Industry 14,86 14,23 14,86 No 2 Timber Industry 62,00 65,27 64,48 Paper and Printing Industry 25,46 24,48 25,02 Leather and Clothes Industry 22,23 22,59 22,96 No 3 Food and Restaurant 48,50 48,40 46,36 Construction Sector 66,96 70,33 66,60 No 1 Trading 17,81 18,61 18,71 Traffic 41,17 41,37 39,88 Health (Hospitals, Doctors, Nursing) 13,04 12,77 14,46
Fatal accidents at work 2005 2006 2007 Mining 3 3 3 Stone Pits 11 14 16 Gas, Long Distance Heating, Water 3 2 1 Metall Industry 76 68 58 Fine Mechanics and Electronic 39 37 32 Chemie 14 12 6 Holz 14 16 10 Paper and Printing Industry 7 5 8 Leather and Clothes Industry 5 2 3 Food and Restaurant 23 35 30 Construction Sector 113 141 137 Trading 128 126 129 Traffic 137 167 127 Health (Hospitals, Doctors, Nursing) 16 14 13
8 Employees in the Construction Industryno plumbers, tilers, timberman … - yearly average, thousands - 1,411 1,312 1,222 1,156 1,109 1,049 954 880 814 767 717 714 711 Source: Stats Office
exepting Plumbers, Tilers, Painters, Window Makers, … Source: DGUV 2005
The social security system in Germany social insurance social security benefit supply contributions paid by employers paid by employers and employees accident insurance health insurance long term care insurance pension insurance unemployment insurance
Tasks of the Berufsgenossenschaft = statutory accident insurance accident prevention by all means advice surveillance training by technical inspectors for prevention of accidents at work, commuting accidents, occupational diseases and work-related health risks
Tasks of the Berufsgenossenschaft: Efficient first aidstatutory accident insurance First aid (BGV A1) Notice First aid kits First aiders
Benefits and services provided by the Berufsgenossenschaftstatutory accident insurance curative treatment by all suitable means (injury benefits) case management (temporary allowances) injury benefits (2/3 of the gross annual earnings (JAV) x % reduction on earning capacity (MdE)) survivors’ benefits … and other payments
Introduction Insurance against accidents at work commuting accidents occupational diseases
What is an accident at work? An accident at work implies that the … insured person meets during an causality justifying the liability injured activity with an causality causing the liability accident that leads to a bodily damage - or to the damage or loss of a prosthesis or an aid
No insurance coverage for accidents e.g. in case of … drunkenness activities serving one’s own economic interest (not related with the insured activity) fooling self-created danger premeditation
What is a commuting accident? A commuting accident implies that an … insured person meets on an causality justifying the liability injured way with an causality causing the liability accident that leads to a bodily damage - or to the damage or loss of an prosthesis or an aid
No insurance coverage for accidents e.g. in case of … Detour Wrong way Interruption
injured person gets in the course of an causality justifying the liability injured activity causality causing the liability a disease that is specified in the relevant regulation as occupational disease and causes a damage to health and thus obligation of compensation What is an occupational disease? An occupational disease implies that an …
Funding, constitution and organisation of the Berufsgenossenschaft
Raising funds Subsequent coverage of needs Apportionment quota per 31st December of every year The apportionment quota includes expenditure for: compensations accident prevention first aid expenditure administrative costs procedural costs annual wages confirmation addressed to BG until 11 February of the new year Demand for payment in April for the previous year and demand for advance payment for the current year Advance payment of contributions every two months
Funding of the Berufsgenossenschaft der Bauwirtschaft: Main apportionment (incl. risk category) +internal equalisation of burdens (without taking into account the risk categories) +external equalisation of burdens (solidary relief by the other insurers against accidents; for 2005 approx. 160 Mio. €) contribution of the employers
apportionment quota total of all contribution contribution rate 1= Funding of BG BAU Main apportionment: total annual wages x risk category x contribution rate 1 contribution = some risk categories since 2006: office 1.0 building 16.1 construction extension 7.3 earth and road works 7.3 chimney sweeper 5.3 cleaning contractors 4.5 electrical 44.7 installations insurance of employers 5.0 BG BAU risk category 1 = office => 3,90 € per 1.000 € wages
Constitution of the Berufsgenossenschaften Statutory institution Right of self-government Bound to law and to its articles of corporation
Organisation of the Berufsgenossenschaft Representatives’ Board Governing committee Employees Employers General Manager budget and accountancy competency and contribution technical inspectors other departments of the administration independent departments staff technical advisory department (STD) technical department test bodies industrial health department (AMD) training service
Self-government Self-government Principle: autonomous administration of the social security insurers Governing Committee proposes elects Representatives’ Board * General manager elects representatives representatives *) In the substitutes sickness insurance societies, the representatives are elected by the insured persons only. Insured persons elect employers elect
Insurance against accidents at work commuting accidents occupational diseases
Procedure in case of conflict regarding benefits administrative act (ruling) appeal (time limit) responsible department for appeals ruling deciding upon the appeal (time limit) lawsuit Social Court Social Court of the Land (appeal) Federal Social Court (revision)