Friedrich Elektrotechnik und Elektromobilität

There is no law that explicitly requires a responsible skilled electrical person in companies. With this argument, the topic quickly gets dismissed. However, it's not that simple.

Every employer is responsible for the safety of their employees, regardless of the number of employees. This is specified by the Occupational Safety and Health Act (ArbSchG) and the Operational Safety Ordinance (BetrSichV). The ArbSchG defines the handling of work equipment in more general terms: an employer must organize work in such a way that any risk to the life and health of his employees is avoided as far as possible and any remaining risk is kept to a minimum. The BetrSichV makes much more specific requirements and defines the extent to which the safety of work equipment must be guaranteed and how the employer must ensure this.

Even if it is not explicitly mentioned in these legal requirements, the requirement for a VEFK is derived from them.

Section 13 of the ArbSchG stipulates that the employer is responsible for occupational safety and also defines which natural person is responsible if the employer is a legal entity (public limited companies, limited liability companies, limited partnerships, etc.): the person in charge of managing the company.

If you look at the employer's basic obligations according to §4 of the BetrSichV, it immediately becomes obvious that a managing director cannot fulfill these obligations on his own. In addition to the time aspect, there is often a lack of professional expertise. In the context of electrical engineering, this would mean knowledge of all relevant standards and regulations.

The employer must therefore delegate this responsibility to competent persons, as described in paragraph 2 of §13 ArbSchG: “The employer can assign reliable and skilled persons in writing to carry out the tasks for which he is responsible under this law on their own responsibility”

DIN VDE 1000-10, among other things, contributes to the implementation of these legal requirements. This standard defines the role of the responsible skilled electrical person in Chapter 3.1 and in more detail in Chapter 5.3. In legal German, this is a so-called vicarious agent of the employer.

So, indirectly, every company that employs staff and has electrical systems is required to appoint a VEFK. The only exceptions are those whose managing director is a skilled electrical person himself and is familiar with all the regulations.

In this sense, a company that only has one employee who works with a PC would also need a VEFK. However, that would be an exaggeration. The electrical hazards posed by such equipment are so manageable that the employer can seek advice just once and then take responsibility for handling these electrical devices. This is generally possible in smaller companies that work exclusively with office machines or equipment for the sale of goods, food or beverages. In any case, work on these devices is excluded.

In a workshop, the situation is different. There are many hand-held machines, some of which are permanently installed, that pose not only mechanical but also electrical hazards. In this case, the employer should commission an external VEFK to ensure operational safety.

The larger and more complex the electrical systems are, the more sense it makes to employ a company-own VEFK. However, the requirements for employees to take on the responsibility as VEFK are not always present. Many companies may have an electrical department, but do not employ any staff with electrical training. In such cases, the company must consider whether to hire a person with suitable qualifications or to purchase the VEFK as a service.

Depending on the size and scope of the electrical systems, the work of the VEFK with an on-site presence can take from a few hours to several days per month.

In this context, high-voltage vehicles play a special role. These are electric vehicles, plug-in hybrids and fuel cell vehicles with battery voltages above 60V. In a commercial environment, these are also considered to be electrical systems. However, in most service companies there is no employee with electrical training to take on the role of VEFK. Therefore, the current DGUV 209-093 introduces the “high-voltage responsible person”. In terms of content, this corresponds to the role of a VEFK, but it can also be an employee with a mechanical background and additional training in high-voltage technology.

Conclusion: apart from a few exceptions, every company needs a VEFK if it employs people who work with, but especially on, electrical systems.