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November BGBl. For conditions governing use of this translation, please see the information provided under "Translations". Ordinance on Occupational Health Care. Pursuant to Article 10, first sentence, of that Ordinance, it entered into force on 24 December Section 1 Objective and scope. At the same time, preventive occupational health care shall contribute to maintaining employability and further developing occupational health protection.
Section 3 General obligations on the employer. He shall thereby comply with the provisions of this Ordinance, including the Annex, and take into consideration the regulations and findings published in accordance with section 9 4. When complying with the regulations and findings referred to in the second sentence, it must be assumed that the requirements set have been fulfilled.
Preventive occupational health care may also comprise additional preventive health measures. Where a company doctor has been appointed in accordance with section 2 of the Safety and Health at Work Act, the employer shall give priority to him or her when commissioning the provision of preventive occupational health care. The doctor must be given all the necessary information regarding work place conditions, in particular the occasion for the preventive occupational health care and the outcome of the evaluation of the risk, and he or she must be allowed access to inspect the work place.
He or she must, upon request, be allowed access to the documents referred to in subsection 4 , first sentence. It shall not be provided in conjunction with examinations which serve to prove physical suitability to meet professional demands, unless there are operational reasons for doing so; in such cases, the employer must obligate the doctor to reveal to the worker the various purposes of preventive occupational health care and the suitability examination.
The information must be retained until the employment relationship ends and must then be deleted, unless legal provisions or the regulations published in accordance with section 9 4 provide otherwise. The employer shall transmit a copy of the file records to the competent authority by order. When the employment relationship ends the employer shall hand the person concerned a copy of the information concerning him or her; section 34 of the Federal Data Protection Act Bundesdatenschutz-gesetz , BDSG shall remain unaffected.
Section 4 Mandatory health care. Mandatory health care must be occasioned before an activity is taken up and thereafter at regular intervals. Section 5 Optional health care. Optional health care must be offered as an option before an activity is taken up and thereafter at regular intervals.
Where a worker rejects the offer, this does not release the employer from the obligation to offer further regular optional health care. This also applies to workers performing comparable activities if there are indications that they may also be at risk. Section 5a Elective health care. Over and above the provisions set out in the Annex, the employer shall enable workers to undergo regular preventive medical check-ups at their request in accordance with section 11 of the Safety and Health at Work Act, unless no health risk is to be expected on the basis of the evaluation of the conditions of work and the protective measures taken.
Section 6 Obligations on the doctor. Before providing preventive occupational health care he or she must obtain the necessary knowledge regarding the conditions of work.
Before carrying out physical or clinical examinations the doctor must examine their necessity at his or her dutiful medical discretion and must inform the worker about the content, purpose and risks of the examination. The doctor must observe medical confidentiality. Vaccinations are a part of preventive occupational health care and must be offered to workers insofar as the risk of infection is activity-related and greater than in the general population.
The third sentence shall not apply if the worker already has sufficient immunity. Where these provide indications that the measures of occupational safety and health taken in regard to the worker or workers are not sufficient, the doctor must inform the employer thereof and make recommendations regarding measures of occupational safety and health.
Section 7 Requirements made of the doctor. Where the doctor does not have the requisite specialist knowledge or the special authorisations or equipment for certain methods of examination in accordance with the first sentence, he or she must bring in doctors who meet these requirements.
Section 8 Measures following preventive occupational health care. If a change of job is recommended, the employer must assign the worker another activity in accordance with public service law or labour law regulations. Section 9 Occupational Medicine Committee. The total number of members shall not exceed twelve. A deputy shall be appointed for each member. Membership of the Occupational Medicine Committee shall be on an honorary basis. The Committee shall draw up its own rules of procedure and elect the chair from amongst its members.
The rules of procedure and the election of the chair shall require the consent of the Federal Ministry of Labour and Social Affairs. Upon request, they may be allowed to speak in those meetings. Section 10 Regulatory offences and criminal offences. Annex Mandatory and optional occupational health care.
Part 1 Activities involving hazardous substances. Activities involving exposure to a hazardous substance, insofar as. Activities exposing workers to lead or inorganic lead compounds;. Activities exposing workers to high temperature clouds in accordance with subsection 1 , no. Health care provision in accordance with subsections 1 to 3 does not need to be occasioned or offered if and insofar as the rules determined on the basis of section 9 3 , first sentence, no. Part 2 Activities involving biological agents, including genetic engineering work involving human pathogen organisms.
Where the employer is not obliged to occasion mandatory health care in accordance with subsection 1 , he must offer workers optional health care if they perform. Section 5 2 shall apply mutatis mutandis if as a result of the exposure to biological agents. When finishing an activity for which mandatory health care had to be occasioned in accordance with subsection 1 , the employer must offer optional health care. Subsections 1 and 2 regarding mandatory health care and optional health care shall apply mutatis mutandis to genetic engineering work involving human pathogen organisms.
Part 3 Activities involving physical agents. Optional health care shall include the offer of a suitable examination of the eyes and visual faculty. If, on the basis of an optional health care appointment, an ophthalmological examination is deemed to be necessary, this shall be made possible.
Section 5 2 shall apply mutatis mutandis to visual strain. Workers shall be provided with special visual aids in the required extent for their work at a computer screen if the outcome of the preventive occupational health care shows that special visual aids are necessary and normal visual aids are unsuitable;.
Activities exposing workers to lead or inorganic lead compounds; 3. Workers shall be provided with special visual aids in the required extent for their work at a computer screen if the outcome of the preventive occupational health care shows that special visual aids are necessary and normal visual aids are unsuitable; 2.
Employers are responsible for ensuring that their employees' workplace is safe and that their health is protected. Employers must install and maintain the working places, workstations, machinery, facilities, etc. In Berlin, companies registering their trade or business with the authorities are automatically listed with the Berufsgenossenschaft trade association responsible for their industry. They must report to their responsible trade association within one week's time to take out workmen's compensation insurance for their free-lance staff and their employees. The ordinance contains provisions on how workspaces, storage areas and stores must be designed and furnished. This also relates to escape and exit routes, break rooms and sanitary facilities. Arbeitssicherheitsgesetz ASiG, German Occupational Safety Act : provides for the appointment of company physicians and specialists for accident prevention and the improvement of safety at the workplace and designs their tasks.
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