Occupational medical examinations / Labour Protection Act

Occupational medical examinations / Labour Protection Act

Regulation on occupational health precautions (ArbMedVV)

The aim is to detect work-related illnesses at an early stage and, in the best case, to prevent them. In addition, occupational medical prevention contributes to the preservation of employability and the further development of occupational health protection. The employer must appoint an occupational physician or instruct a doctor with the additional title of occupational medicine to carry out preventive medicine. This is usually the company doctor.
What is occupational health care?
Occupational health and safety is an individual occupational safety measure. It must not replace technical and organizational industrial hygiene and safety measures, but can effectively supplement them. Occupational health protection takes place in a protected room and under the seal of confidentiality of the company physician. Here employees can obtain information and advice on the interaction between their work and their health. The aim of occupational medical prevention is to detect work-related health problems at an early stage and to prevent work-related illnesses, including occupational diseases. Occupational medical precaution always includes a medical consultation with an anamnesis, including a work history.
What types of occupational health care are available?
There are three types of occupational health care:
  • Compulsory prevention (work related, G35 tropical fitness examination etc.)
  • Preventive measures (Workplace inspection etc.)
  • Optional provisions (flu vaccination, health days, diabetes check etc.)
  • Proficiency tests (fire service fitness, heavy respiratory protection etc.)
What is compulsory prevention?

Compulsory prevention is occupational health care that the employer must arrange for in the case of certain particularly hazardous activities. The employer may only allow an activity to be carried out if a compulsory pension scheme has been implemented beforehand. As a result, employees are de facto obliged to take part in the preventive care scheme. Even in the case of compulsory screening, physical or clinical examinations may not be carried out against the employee's will. If compulsory screening is not arranged or not arranged in time, the employer is threatened with a fine and, under certain circumstances, even more serious consequences.

What are preventitive measures?

Preventive occupational health care is occupational health care that the employer has to offer employees for certain hazardous activities. If preventive medical care is not offered or not offered in time, the employer is threatened with a fine and, under certain circumstances, even more serious consequences.

What are these optional provisions?

Optional provisions is an occupational medical precaution, which the employer must provide the employee with for all activities over and above the Annex to the Ordinance on Occupational Medical Precaution. This entitlement will not be applicable if damage to health is not expected. In the event of a dispute, the employer must explain and prove this. For example, wishful thinking can be considered if employees suspect a connection between a mental disorder and their work. If these optional provisions are not possible, then the competent authority can issue an enforceable order to the employer and impose a fine in the event of non-compliance.

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