Glossary · Existing plants and retrofit
Presumption effect (technical rules)
German: Vermutungswirkung
In German occupational safety law, the presumption effect is the legal effect by which an employer who complies with the technical rules published by the responsible committee, such as the Technical Rules for Operational Safety (TRBS) under § 4(3) BetrSichV, may assume that the corresponding requirements of the ordinance are met. Other solutions are possible if they achieve at least the same level of safety and health.
- Compliance
- German source term
In one sentence
The presumption effect lets German employers rely on published technical rules such as TRBS; recommendations such as EmpfBS do not have it.
Example
An operator applies the TRBS on inspections of work equipment and may presume compliance with the inspection requirements; for the retrofit question it cites EmpfBS 1114, which supports its reasoning but carries no presumption.
Explained in context
Context cards connect this term with others to answer one question. Also in British English and German.
How it applies
- Rules with presumption: TRBS under the BetrSichV and TRGS under the GefStoffV carry the presumption effect for the requirements they concretize.
- Recommendations without presumption: Recommendations on operational safety (EmpfBS), such as EmpfBS 1114, reflect the state of the art but carry no presumption. They help to justify a decision; they do not replace the justification.
- Deviation: An employer who deviates from a technical rule has to show in the risk assessment that the chosen solution reaches the same level of protection.
Presumption effect vs. presumption of conformity
The presumption effect is a concept of German workplace law for employers. The presumption of conformity is a concept of EU product law: a manufacturer applying a harmonized standard cited in the Official Journal may presume conformity with the essential requirements it covers. Neither turns a document into proof of safety on its own.