Risk and overload notification?
What is a risk/overload report?
This is a tool that you have at your disposal as an employee if you realise that you - or the group you work in - can no longer perform your work properly.
This may be when you realise that you are overwhelmed by the amount of work assigned to you, or that you can only carry out your work in a way that could put people at risk.
When and why should I write such an advert?
If you see that either you or your colleagues are being overburdened (extra work, work intensification, high sickness rate, incorrect planning).
It is important that you always discuss the problems with your supervisor first! You must give him or her the opportunity to change the situation.
Only when you realise that talking and pointing out the problems is of no use do you make a written report.
Who gets this advert?
This goes to your line manager, their line manager, the management, the occupational safety specialist, the company doctor and the works council.
The easiest way for you is to send the report directly to our office address INF 154, we will copy it and send it to the above-mentioned bodies.
Make a copy beforehand!
Will I get into trouble if I write such an advert?
According to the German Civil Code and the Occupational Health and Safety Act, we are all obliged to report such health and safety hazards immediately!
So if you have already tried to rectify such deficiencies via your direct superior, the only thing left for you to do is to report them in writing.
Of course, this is not appreciated, but if you get into trouble because of such a report, you have nothing to fear, because you are only doing your duty! We will also receive your report. And you know that we can help you, even if you think you will be put under pressure because of your report.
Can we as a group also write such an advert?
But yes! The circumstances often affect more than one person, so you are welcome to join forces and report the defects!
What happens if I/we write an overload report?
The report will be read by your line manager, their line manager, the management, the occupational safety specialist, the company doctor and the works council.
It is important to us that you cannot be held legally responsible!
Here are excerpts from the paragraphs for your information:
§ Section 242 of the German Civil Code (BGB) obliges employees to perform their work "in accordance with the principles of good faith and fair dealing".
Employees must therefore inform their superiors without hesitation if work is left undone or inadequate. In this way, employees also avoid the otherwise possible "employee liability" due to "fault in taking over".
Occupational Health and Safety Act
§ 16 Special support obligations
(1) Employees must immediately report to the employer or the responsible supervisor any immediate and significant danger to health and safety that they identify, as well as any defects identified in the protective systems.
(2) The employees, together with the company doctor and the occupational safety specialist, shall support the employer in ensuring the safety and health protection of employees at work and in fulfilling his obligations in accordance with the official requirements. Notwithstanding their obligation under paragraph 1, employees shall also notify the occupational safety specialist, the company doctor or the safety officer in accordance with Section 22 of the Seventh Book of the German Social Security Code of any health and safety hazards and defects in the protective systems that they identify.
Briefly summarised
- If you speak to your line manager because you want to report a shortage or an overload, please address everything that is going wrong. Only then can your line manager react.
- Take a colleague with you to this meeting.
- Take notes so that you can remember what was discussed at a later date.
- If nothing has changed after a reasonable period of time, you can write a report of overwork.
- If you have written and forwarded the complaint, you are legally exempt from liability because you have reported the defect(s)!
Examples
Mrs A
Mrs A works as a cleaner in an intensive care unit. Due to the long-term illness of a colleague and because other colleagues are on holiday or ill themselves, she has been assigned more work than she can manage for months.
She has often asked her line manager to remedy the situation, but she says that she has "no budget".
Mrs A is worried because she can only manage the bare minimum in the limited time available and fears that she will no longer be able to work hygienically.
Mrs A writes a notice of overwork.
Mr B
Mr B works in housekeeping. Due to the long-term illness of a colleague and because other colleagues are on holiday and ill themselves, he has been assigned more work than he can manage for months.
He is afraid of forgetting assignments and has already had two accidents at work due to the lack of time.
A discussion with his foreman in which he expressed his fears was unfortunately unsuccessful.
Mr B writes a notice of overwork.
Mrs C
Mrs C works in the scullery. Due to constant pressure from her superiors, she and her colleagues have to do their work faster and faster.
In addition, she and her colleagues are constantly being asked to do other tasks.
The colleague speaks to her line manager several times because she can no longer cope with the bad situation. The line manager is sympathetic, but still nothing changes.
Mrs C writes a notice of overwork.
Mrs D
Mrs D works at the reception desk. Due to reorganisation measures in the hospital, she is assigned to take over outpatient admissions, emergency admissions, transfers and many patient-related administrative tasks with immediate effect. The colleagues who finish their shift before her have to tell her that the colleague who was supposed to work with her today has called in sick.
Mrs D has never had an admission before and fears that she is making mistakes. As she also has to do the entire gate service alone today, she is afraid that she will forget important orders and telephone calls or not be able to deal with them at all.
She speaks to her line manager, as this is not the first time this situation has occurred and she had already discussed solutions with her before.
The line manager brushes her off by saying "everything went well last time" and tells her that she doesn't have time for her now.
Mrs D writes a notice of overwork.
Mrs F
Mrs F works in a cafeteria. She currently has major personal problems. Her child is seriously ill and her husband has moved out of the flat they share and wants a divorce. Because she has these problems, she is sometimes unfocussed and makes small mistakes. But she doesn't want to attract attention and bother others with her private problems.
Due to the renovation of a nearby cafeteria, all her colleagues have had a lot more customers than usual for a long time and can hardly keep up with their work.
Mrs F once overheard another colleague complaining to the foreman that the work was barely getting done. And the holiday season was just around the corner!
She approached her colleagues about the conversation, learnt that almost all of them had already complained and together they wrote a work overload report.
Mrs X
Ms X works in the sterilisation department. Due to an increased number of operations and absences due to illness and holidays, she has been struggling with extra work and work intensification in her department for a long time, especially when she is deployed on the unclean side.
Due to the increased pressure, Mrs X is afraid of making mistakes when reprocessing, clearing the multi-storey washer-disinfector trolleys, distributing the instruments to the department tables and packing the instruments herself. Furthermore, she has to postpone tasks that she also carries out, such as checking the stock of goods, for a long time.
She has already complained about these circumstances several times to her department manager and also raised them during the discussion about her performance bonus.
Together with her colleagues in the department, Ms X writes a work overload report.