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You know that. At some point, the GBU Psyche will be on the agenda. A template is downloaded, a survey is created, and a colleague from HR “takes care of it briefly”. Three months later, there is a folder with raw data that no one actually evaluates. And a year later, the topic is back on the list.
That is not an organizational failure. It is normal.
78% of German companies have not yet implemented the risk assessment of psychological stress in a legally secure manner — although the obligation has been in force since 2013 (§ 5 ArbSchG). Anyone who implements the GBU Psyche internally is almost always fighting against the same structural problems. This article shows what they are, why they are created and what you can do differently the next time you try.
GBU Psyche is not an employee survey. It is also not a one-time questionnaire that ends up in a drawer. It is a seven-stage process that documents in a legally secure manner where psychological stress occurs in the company — and what measures result from this.
The legal basis: Section 5 Occupational Health and Safety Act obliges employers to take psychological stress at work into account in the risk assessment. Section 6 ArbSchG requires documentation. Section 3 ArbSchG requires that measures be checked for effectiveness.
This means that a completed questionnaire without a subsequent action plan, without works council involvement and without an effectiveness check does not meet the legal requirement — even if it was “done” subjectively.
Since 2026, the industrial inspectorate has been auditing at least 5% of all companies annually. 67% of audited companies found deficiencies (Bremen Trade Inspection 2024). The risk of fines is up to 25,000€ in accordance with § 25 ArbSchG.
The most common mistake in self-testing is not the lack of will, but the technical implementation of the survey. Anyone who processes the survey via an e-mail distribution list cannot guarantee technical anonymity — and employees know that.
The result: distorted answers. Or none at all.
The average response rate for internally organized GBU surveys is 54%. The GDA (Joint German Occupational Safety Strategy) requires representativeness. Anyone who stays below 60% has a result that does not stand up to a BG test.
The main cause of low response rates is a demonstrably lack of anonymity (mentalport 2025 survey). Not disinterest. Not bad communication. It's the employees' feeling that they can be identified.
What that means in practice: Technical anonymity is not a company agreement that you sign. It is a technical requirement in accordance with ISO 29101 — and must be anchored in the system before the first question is asked.
Section 87 (1) No. 7 BetrVG is clear: The works council has a right of participation in measures to prevent accidents at work and occupational diseases as well as in health-related measures. The GBU Psyche falls under this.
In practice, the works council is typically informed retrospectively — not involved before the start. This makes the entire process vulnerable. In the event of a dispute, a works council can stop the process or challenge the outcome.
The right order: Involve the works council before the survey is announced. Not after that.
The GBU Psyche consists of seven steps. Most companies that implement them internally don't fail because of all seven — but because of the same three or four. Here is an honest overview:
2 to 3 weeks are planned. In fact, there is an average of 40 to 80 hours of internal effort per GBU process (BAuA practice survey 2023). This does not include: time for development of measures, effectiveness testing and documentation.
The main reason for the extra effort is not inefficiency. It is a lack of structure. Anyone who sets up the process internally for the first time is building it from the ground up — without tried and tested templates, without legally compliant questionnaire validation, without automated documentation.
Mental illnesses are already the cause of more than a quarter of all sick days in Germany today. The average sick leave period is over 39 days. The costs per employee due to mental stress problems are estimated at 9,000€ per year. This context does not make GBU Psyche a freestyle, but an economically relevant control factor.
The most common mistake on the second attempt: It is set up in the same way as the first.
What makes for a legally secure second attempt can be summarized in five points:
1. Ensure technical anonymity before you start.No email collection. No SurveyMonkey is without GDPR compliance. Technical anonymity in accordance with ISO 29101 must be anchored in the system — not in a letter of intent.
2. Treat the works council as a first step, not as the last.Section 87 BetrVG is not a formality. Involving the works council before the start protects the entire process from being challenged.
3. Use scientifically validated questionnaires.An unvalidated questionnaire produces data that no authority recognizes. The MOLA questionnaire (Federal and Rail Accident Insurance) is an example of a recognized instrument.
4. Formulate measures in a SMART way and assign responsibilities.An Excel list of ideas is not an action plan. § 3 ArbSchG requires concrete, implementable and verifiable measures with clear responsibility.
5. Keep documentation in parallel, not retrospectively.What can't be proven at the end hasn't taken place — at least not from the perspective of a BG exam. Timestamps, BR signatures and proofs of action must be included right from the start.
A common ambiguity: Who is actually responsible for the GBU psyche? The answer is legally clear. The responsibility lies with the employer. Implementation can be delegated — to HR, the occupational safety officer or external service providers. The liability remains with the employer.
In practice, this often means that one person in HR bears the burden of the entire process. Without a system. Without automation. Without clear escalation paths.
It is not a question of capacity. It is a question of structure.
Yes. § 5 ArbSchG applies to all employers in Germany, regardless of sector or company size. There is no exemption for smaller companies.
The trade inspectorate and the professional association can impose fines of up to 25,000€ (§ 25 ArbSchG). There are also additional demands and repeat tests. In audited companies, deficiencies are found in 67% of cases (Bremen Trade Inspection 2024).
The GDA (Joint German Occupational Safety Strategy) requires representativeness. As a guideline, a response rate of at least 60% is used. Anyone who stays below has a result that is not a valid basis for assessment.
Yes. Section 87 (1) No. 7 BetrVG grants the works council a right of participation in health-related measures. The integration must take place before the process starts — not afterwards.
No The GBU Psyche is a seven-stage process that includes preparation, identification, assessment, development of measures, implementation, effectiveness review and documentation. A one-time questionnaire does not meet this requirement.
2 to 3 weeks are often planned. In fact, according to the 2023 BAuA survey, an average of 40 to 80 hours is spent internally — without implementing measures and checking their effectiveness.
The law does not require a fixed frequency of repetitions, but Section 3 ArbSchG requires an assessment of the effectiveness of the measures. In practice, a repeat survey is recommended after 12 to 24 months or after significant organizational changes.
If you still have the GBU psyche ahead of you — or need to repeat the first attempt — you will find in the mentalport white paper a complete breakdown of all seven steps with the typical stumbling blocks and what makes a legally secure implementation in practice.
Download the white paper for free: GBU Psyche — Why the second attempt is decisive
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Tim Kleber is CEO and co-founder of mentalport. As a mechanical engineer, business psychologist and data scientist, he combines technical precision with psychological expertise. His specialization: psychological risk assessment (GBU Psyche) in accordance with §5 ArbSchG and ISO 45003-compliant implementation in companies. After his own auditor experience in occupational safety, he and the mentalports team developed anonymous infrastructure for mental wellbeing management - today used by over 50 companies to reduce psychologically related downtime and active wellbeing management.
Follow Tim on linkedin, so you don't miss out on expert insights into mental health at work.
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