Labour Inspectorate

table of content

General information

The Labour Inspectorate is the largest legally commissioned organisation for addressing shortcomings in health and safety at work in Austria. It acts according to standardised principles and independently of individual interests. Standardised national implementation ensures that requirements for equal rights and fair competition in the world of work are met. The Labour Inspectorate guarantees the protection of life and health of working people by meeting its statutory mandate.

Tasks

The Labour Inspectorate

  • checks compliance with the legal provisions for protecting the life and health of those people working for companies
  • is a party that participates in the approval and exception procedure
  • provides legally binding and free information and advice in all matters relating to work safety and health protection at work
  • mediates within its area in the event of conflicting interests in the world of work and
  • investigates work accidents and complaints relating to grievances

Powers

The Labour Inspectorate authorities are entitled to

  • enter and inspect workplaces and places of employment
  • gather information
  • question individuals
  • view documents.

Caution

Employers must ensure that business premises and places of employment and that living spaces and housing, charitable institutions as well as work facilities and operating equipment made available to the employees are accessible to the Labour Inspectorate authorities at all times.

Employers must ensure, if they are not present at the business premises or work location, that someone present on the premises can give the Labour Inspectorate authorities access to perform an inspection, accompany them if they request it, give them the required information and allow them to view documents.

Procedure for violations

If provisions to protect working people are not complied with, the Labour Inspectorate advises the responsible persons and asks them in writing to ensure the condition is compliant with the law within a certain deadline.

If disclosed deficiencies are not remedied within the defined or extended deadline, the Labour Inspectorate is obliged to report the offence to the competent administrative penal authority (district administrative authority, magistrate). In the event of serious violations, the Labour Inspectorate must immediately proceed with charges. In the event of a penal order being issued by the authorities, there is an opportunity to appeal to the relevant Regional Administrative Court (→ oesterreich.gv.at).

In cases of imminent danger to life or the health of people at their workplace, the Labour Inspectorate is obliged to take immediate measures, such as prohibiting further work until the risk is removed.

Enterprises affected

Essentially all establishments, apart from agricultural and forestry establishments, administrative departments and federal, province and municipal schools as well as private households.

Competent authority

The locally competent labour inspectorate (→ BMAW)German text

Further information

Informal appeals (e.g. delivered by phone or e-mail) regarding employee working conditions are investigated immediately and with care. The source of every complaint must be treated as strictly confidential.

The jurisdiction is determined by the location of the place of work or the building site.

Appeals or feedback regarding the procedure of labour inspectors can be directed to the Labour inspectorate Ombudsman (→ BMA)German text.

Further links

Legal bases

Arbeitsinspektionsgesetz (ArbIG)

Translated by the European Commission
Last update: 1 January 2024

Responsible for the content: Federal Ministry of Labour and Economy

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