New German Safety Rules Cut Red Tape for Small Firms While Courts Raise Stakes on Sick-Note Evidence
18.06.2026 - 19:04:35 | boerse-global.de
On one side, a revised regulation taking effect in January 2026 eases administrative burdens for small businesses. On the other, recent court rulings tighten the rules on sick?note validity and expand accident insurance coverage for company parties and home?office work.
Small businesses win lighter safety oversight
The updated DGUV Vorschrift 2 — the German statutory accident insurance prevention regulation — raises the threshold for simplified routine care from 10 to 20 employees. That means micro?enterprises with up to 20 staff can now adopt a less paperwork?heavy safety structure instead of the full standard model.
While German employers adapt to these new oversight rules, UK businesses face their own compliance pressures. Many risk high fines simply because essential safety documents are missing or outdated. A free Health & Safety Toolkit provides ready?to?use risk assessments, checklists, and toolbox talks that help meet UK regulations such as the Health & Safety at Work Act, COSHH, and PUWER. Download the free Health & Safety Toolkit
Digital supervision is also explicitly permitted for the first time: safety professionals can now conduct consultations by telephone or online meeting, provided they are already familiar with the workplace. The regulation further broadens the pool of eligible safety officers to include human?medicine doctors, psychologists and biologists, breaking the previous requirement that only engineers could fill the role.
Sick?note checks get tougher
While the electronic sick note (eAU) has been mandatory since 1 January 2023 — employers must retrieve it directly from health insurers and the old paper “yellow slip” is gone — the legal value of an AU certificate is not absolute. The Cologne State Labour Court (case 7 SLa 54/25) ruled that the evidentiary weight of a sick?note can be undermined if an employee’s behaviour raises doubts about whether they are genuinely ill. In such cases the worker must provide concrete details of their health limitations. Failure to do so risks losing entitlement to continued wage payment.
The data transmitted in the eAU remains limited: start date, expected end date, and whether it is an initial or follow?up certificate. Diagnoses and the doctor’s name are never included.
Employees still must inform their employer of illness in time; a medical certificate must be submitted by the fourth day of absence unless the employer demands it earlier.
Accident insurance clarified for parties and students
The Federal Social Court (September 2024) confirmed that an accident during a company party counts as a work?related accident — provided the employer organised or approved the event and it was open to the entire workforce. Insurance cover ends exactly when the party officially finishes. Student assistants are now explicitly covered for work?related accidents and commuting accidents on the same basis as regular employees. Anyone who visits a trauma surgeon (Durchgangsarzt) must also report an accident notification to the responsible workplace safety office.
Heat and recovery: productivity under pressure
Analysis by Allianz Trade shows that on days with temperatures above 30°C, sick?leave rates rise by roughly 3.5 percent. The German Workplace Ordinance already requires employers to consider countermeasures from 26°C. At 35°C, a room without protective measures is deemed unsuitable for work.
As UK employers also grapple with rising temperatures and the challenge of supporting employees returning after illness, a free toolkit provides 9 practical tools tailored to the Health & Safety at Work Act. It includes risk assessments, compliance checklists, and a director liability guide to help protect your workforce and prevent costly fines. Get the free Health & Safety at Work Act Toolkit
For employees returning after a long illness, the stepwise reintegration model (stufenweise Wiedereingliederung) remains the standard tool. The process typically lasts between two and twelve weeks, is voluntary, and requires employer consent. During the reintegration phase the employee is still considered unfit for work and usually receives sickness benefit or injury benefit from their health or accident insurer.
Court blocks health?card blocking
In a ruling on 19 May 2026, the Bavarian State Social Court strengthened patients’ rights: health insurers may not block or confiscate the electronic health card (eGK) — even if the insured person has arrears on contributions. Every member retains the right to the card to secure access to medical care. The judgment is not yet final; an appeal to the Federal Social Court is possible.
