Why the CRES’s position as guarantor is crucial in order to effectively exclude organizational negligence in the electrical engineering sector.

Entrepreneurs, board members, managing directors and operations managers must organize their business in such a way that all work processes run safely. For the chief responsible electrical specialist (CRES), this means acting as a guarantor. CRES position of guarantor Organizational negligence are directly related: Organizational gaps can lead to personal liability.

A breach of duty in the organization constitutes organizational fault. The decisive factor is that the organizational structure is verifiable by suitable means and can be controlled in good time. As a rule, the management body, such as the plant management, is responsible. If there is a chief responsible electrical specialist, they have their own guarantor position in their area of responsibility due to the guarantor duty they have assumed and are therefore also liable under criminal law.

Types of organizational fault

Organizational negligence is divided into four successive areas:

  • Selection-related organizational negligence: Were suitable employees selected for a task, such as an electrotechnically instructed person or electrical specialist?
  • Instruction-related organizational fault: Have these employees been adequately instructed and instructed by work instructions and safety instructions?
  • Supervision-related organizational fault: Is the activity supervised in a suitable manner, for example by the management and supervision of an electrical specialist when work is carried out by an electrotechnically instructed person?
  • Implementation-related organizational fault: Does an employee act negligently despite selection, instruction and supervision because the organization is still inadequate?

The interpretation of when an organizational fault exists may depend on national case law. Even if no formal legal problems arise, it is rarely a good sign for companies with several production sites if they publicly claim to have complied with all applicable regional regulations.

Extrinsic and intrinsic responsibility

In addition to legal requirements, there is also extrinsic motivation from laws and contractual requirements. At the same time, those responsible for electrical safety are required to ensure a high level of safety for all employees. This strengthens the quality and stability of work processes.

Guarantor position of the CRES in the corporate context

In order to fulfill the obligations in the area of electrical safety, the development and maintenance of a professional structure is the central task of the chief responsible electrical specialist. The position of guarantor applies exclusively to the designated persons – such as the employer, managing director or chief responsible electrical specialist – and not to the organization as such. CRES Guarantor position Organizational fault makes it clear that inadequate structures can quickly lead to personal liability.

Practical starting points for avoiding organizational fault

There are starting points for CRES and company management to avoid organizational negligence:

  • Record work and duties: Draw up a checklist of all duties and work to be done, get support from specialist departments and assign everything clearly to people and functions. A visualized organizational chart makes it easier to get an overview.
  • Specify responsibilities: Define system and, if necessary, work managers among the electrical specialists, ensure that expertise and decision-making authority match and regularly check that the assignments are complete.
  • Ensure qualification and exchange: Ensure good qualifications, their maintenance and further training opportunities. Establish a structure in which electrical specialists can exchange information regularly and as informally as possible and provide feedback from practical experience.
  • Control hazards and access: Develop and evaluate all hazardous areas as part of a risk assessment. Restrict access in stages, define access regulations, document special danger areas, avoid working alone on electrical systems wherever possible and create clear safety principles and rules of conduct.
  • Manage inspections, instruction and work equipment: Ensure standard-compliant inspections of equipment and systems as well as complete and regular employee instruction. Set up an instruction and work equipment management system that signals the need for action at an early stage and also includes work clothing and personal protective equipment.
  • Strengthen your own role: Invest in your own further training, find out about innovations, exchange ideas with other chief responsible electrical specialists and attend seminars or congresses. Pass on this knowledge and get support wherever you need it.

Anyone who consistently pursues these starting points will turn CRES guarantor position organizational fault not into a liability case, but into a configurable framework: Electrical safety becomes an integral part of the company organization, which visibly increases safety and reliability.

Conclusion

The CRES’s position as guarantor is a key factor in ruling out organizational negligence in the electrical engineering sector. It requires structures to be clearly defined, responsibilities to be clearly defined and the safety of all work processes to be actively managed. If selection, instruction, monitoring and implementation are stringently organized, a reliable basis is created that reduces liability risks and strengthens operational stability. In this way, electrical safety becomes an integral part of a functioning company organization. TCS also offers the two-day Chief Responsible Electrical Specialist course for new CRESs as well as the option of external CRES and CRES consulting on an interim basis.

PS: Our recommendation: My book “Aufbau und Erhalt einer Elektrosicherheitsstruktur” is available as a regular paperback and as an ebook from specialist retailers, and as an audiobook from Audible and Spotify with a subscription.

FAQ on the CRES’s position as guarantor and organizational fault

What does the CRES’s position as guarantor mean?
The guarantor position describes the obligation assumed by the CRES to ensure a safe electrotechnical organization in their own area of responsibility. This responsibility applies to the designated person themselves and leads to direct personal liability.

When does organizational fault exist?
Organizational negligence arises if the company management or CRES violates its duty to structure processes safely. The decisive factor is whether selection, instruction, monitoring and implementation were appropriately organized and demonstrably controlled.

What types of organizational fault are there?
There are four forms: selection-related, instruction-related, monitoring-related and execution-related organizational negligence. They build on each other logically and each relate to different levels of operational responsibility.

Why is the CRES particularly relevant to liability?
The CRES has its own guarantor position in its specialist area. This means that organizational failures – regardless of the general corporate structure – can lead directly to their personal criminal liability.

How can CRES and company management avoid organizational fault?
Through clear responsibilities, complete assignments in the organization chart, qualified employees, regulated access structures, standard-compliant inspections, regular instructions and a functioning work equipment management system. Continuous exchange and further training support the effectiveness of these measures.

What role does documentation play?
Documentation not only serves as proof, but also as a control instrument. Incomplete, outdated or purely formal documentation does not help. The decisive factor is a structure that makes the need for action visible at an early stage.

Why is working alone on electrical systems critical?
Working alone increases the risk of serious consequences in the event of incorrect actions or accidents. A suitable organization ensures that hazardous areas are not entered alone and that a second person always ensures safety.

What significance does feedback from the field have?
Employees who work close to the ground recognize safety-relevant developments at an early stage. Well-structured feedback processes ensure that this information reaches the CRES reliably and is incorporated into the organization.