Legal WHP Requirements
What do I need to legally observe for WHP — what's mandatory, what's voluntary?
Note: this refers to German law. WHP is voluntary, but the Occupational Safety and Health Act requires every employer to carry out a risk assessment (Section 5 ArbSchG, physical and psychological). Statutory health insurers fund workplace health promotion projects under Section 20b SGB V — the basis is a structured process per the Prevention Guide, and there is no entitlement. EasyWHP guides you through this process.
Mandatory vs. voluntary: What the law requires
| Topic | Legal Basis | Mandatory / Voluntary | Consequence of Non-Compliance |
|---|---|---|---|
| Risk assessment (psychological + physical) | §§ 3–5 ArbSchG | MANDATORY for all employers, from 1 employee | Fine of up to €30,000 (Section 25 ArbSchG) if an order from the supervisory authority is not complied with; liability in case of a workplace accident |
| Occupational health support | § 2 ASiG / DGUV V2 | MANDATORY for all employers with employees — form and scope depend on headcount and industry | Regulatory offense (Ordnungswidrigkeit) |
| Occupational health promotion (WHP) | § 20b SGB V | VOLUNTARY — statutory health insurers (GKV) provide WHP services (§ 20b), funding per project, no entitlement | No sanction, but no basis for a funded project with the insurer |
| WHP process (workplace health promotion process) per the Prevention Guide | GKV Prevention Guide / § 20b SGB V | Basis for a funded project with the insurer | Without a process, no basis for § 20b funding — and no entitlement with one |
| Maternity protection, BEM (occupational reintegration management, German law) | MuSchG, Section 167 (2) SGB IX | MANDATORY for all employers — regardless of company size | Employment-law liability |
Is the risk assessment mandatory?
Yes. Every employer in Germany — even with just one employee — is required under § 3 (1) ArbSchG (Occupational Health and Safety Act) to take suitable occupational safety measures. § 5 ArbSchG specifies further: hazards must be systematically assessed, and since 2013 this has explicitly included psychological strain (burnout, stress, overload).
The risk assessment must be documented (Section 6 ArbSchG). If it is missing, the supervisory authority can order you to carry it out; anyone who does not comply with such an order risks a fine of up to €30,000 (Section 25 ArbSchG). After a workplace accident, a missing assessment can also give rise to civil liability. EasyWHP provides the questionnaires for the psychological risk assessment, guides you through the steps and makes the results available in a traceable, documented form.
- Physical hazards: ergonomics, noise, lifting and carrying
- Psychological strain: time pressure, conflict, emotional exhaustion (explicit since 2013)
- Documentation requirement: measures must be recorded in writing
- Review requirement: regular updates when working conditions change
Do small businesses also need occupational health support?
Yes: under German law, the Occupational Safety Act (ASiG) and DGUV Regulation 2 require companies to provide occupational health and safety support. The form — standard support or, in smaller companies, the alternative needs-based support (entrepreneur model) — and its scope depend on headcount and industry.
Office workplaces are often covered by basic care with a low hourly allocation. Still, appointing a company physician and an occupational safety specialist is mandatory — even for small and mid-sized businesses.
Is workplace health promotion mandatory?
No. Occupational health promotion in the sense of prevention courses, health days, or stress management programs is not a legal requirement — but it comes with a strong incentive. However, the German Social Code (§ 20b SGB V) obliges statutory health insurers to provide workplace health promotion services. That does not give the company an entitlement: the insurer funds projects — one measure, a health day, an annual budget — and the basis is a structured process per the Prevention Guide.
In practice: companies that run WHP in a structured way qualify for a conversation with the insurer on equal footing. Those that don't leave funding opportunities on the table. Separately, an employer's health benefits stay tax-free up to €600 per employee per year under § 3 No. 34 EStG (German Income Tax Act) — an allowance, not a subsidy. For your own, non-certified measures this requires a documented health promotion process; only your tax advisor can confirm the tax exemption.
When is occupational reintegration management (BEM) mandatory?
Under Section 167 (2) SGB IX (German law), employers must offer BEM when an employee has been unable to work for more than six weeks within twelve months, either continuously or repeatedly — regardless of company size. BEM is not part of WHP but a separate mandatory pillar under the umbrella of workplace health management. The transition is fluid, though: companies that promote health early can help prevent long-term absences.
Related measures & topics
Key takeaways
- Mandatory: risk assessment (physical + psychological) under §§ 3–5 ArbSchG for every employer.
- Mandatory: occupational health support under ASiG/DGUV V2 (scope depends on industry and size).
- Mandatory: offering BEM under Section 167 SGB IX when someone has been unable to work for more than six weeks within one year, either continuously or repeatedly.
- Voluntary, but fundable: statutory health insurers fund WHP per project under § 20b SGB V — with no entitlement; a documented process is the basis for the conversation.
- EasyWHP combines the obligation (psychological risk assessment) and voluntary WHP in one tool.
Frequently asked questions
As an employer with 15 employees, am I required to offer WHP?+
No, WHP is voluntary. What's mandatory is the risk assessment under §§ 3–5 ArbSchG (including psychological strain) and occupational health support under ASiG/DGUV V2. But WHP pays off: statutory health insurers can fund projects under § 20b SGB V (no entitlement), and separately an employer's health benefits stay tax-free up to €600 per employee per year under § 3 No. 34 EStG — an allowance, not a subsidy; only your tax advisor can confirm it.
What happens if I don't have a risk assessment?+
If the risk assessment is missing, the supervisory authority can order you to carry it out. Failing to comply with such an enforceable order is a regulatory offence under Section 25 ArbSchG (German law) — the fine is up to €30,000. In the event of a workplace accident, a missing assessment can also establish the employer's civil liability.
Does the psychological risk assessment count as WHP?+
No, it is a separate obligation under Section 5 ArbSchG (German law) — but it is a good data basis for WHP. EasyWHP provides the questionnaires for the psychological risk assessment and guides you through the process; the results help you choose suitable WHP measures. Professionals take care of the expert evaluation and the derivation of occupational safety measures.
From when is BEM mandatory?+
Under § 167 (2) SGB IX, employers must offer BEM when an employee has been unable to work for more than six weeks within one year, either continuously or repeatedly (German law) — regardless of company size.
How are ArbSchG requirements and WHP funding connected?+
The risk assessment (mandatory) provides the needs analysis that WHP (voluntary) builds on. Companies that combine both — the mandatory analysis plus a voluntary WHP process following the Prevention Guide — have the basis for a conversation on equal footing with the insurer about funding under § 20b SGB V. Separately, the documented process puts your tax advisor in a position to confirm the tax exemption of your measures under § 3 No. 34 EStG.
Mandatory + Voluntary WHP in One Process
EasyWHP provides the questionnaires for the psychological risk assessment and at the same time guides you through the health promotion process — the basis for a conversation with your health insurance fund and for tax exemption under Section 3 No. 34 EStG, which your tax adviser confirms.
Sources
- §§ 3–5 ArbSchG (gesetze-im-internet.de) ↗
- § 20b SGB V — Occupational Health Promotion ↗
- § 167 SGB IX — Company Integration Management ↗
- DGUV Regulation 2 — Company Physicians and Occupational Safety Specialists ↗
Last updated: 2026-06-19. Not legal or tax advice — have your specific case reviewed by a professional.