Proficiency tests

aptitude tests


The aim of the aptitude test is to reduce risks and the risk to third parties.
In addition, it is checked whether the employee is suitable for the fulfillment of the tasks.

The physical suitability of respirator wearers must be determined and monitored by occupational medical check-ups in accordance with the occupational safety principle "G 26 Respiratory protective devices" (see ArbMedVV, Appendix Part 4, BGV A 4 and GuV-V A 4 and Fire Service Code "Respiratory Protection" (FwDV 7)) ,
conditions
In aptitude examinations, the occupational health suitability of the person to be examined is in the foreground. It checks whether the physical and psychological abilities to perform the activity are sufficient. Due to interference with the personal rights of the person to be examined, these are only permissible in certain cases. The Youth Employment Act remains unaffected.

Special legal bases
Suitability examinations require a legal basis. It is permissible if it is contained in a specific legal provision, eg. B. driving license regulation is given. Simple accident prevention regulations are generally regarded as insufficient. In addition, regulations on aptitude examinations in labor law agreements can be made. These agreements must take into account both the protection of the general public and the personality rights of the person under investigation. A consent of the employee to participate in these examinations is necessary and must be regarded as obligatory for a further employment.

duty of care
Due to the employer's duty of care, an aptitude test may be required under certain conditions. This is the case if there are objective indications of lack of fitness for health and no further individual protective measures are possible. Participation is not mandatory, labor law measures are possible in an appropriate manner.

examinations
Recruitment examinations are only permitted for work in hazardous areas if the determination of suitability reduces the risk of occupational accidents. The necessity and scope of recruitment examinations can be determined by activity-specific risk assessment. As a legal basis for such an investigation, the risk assessment alone is not sufficient. In addition, the limits of the right to ask questions in the Federal Data Protection Act and the principle of proportionality must be observed. Applicants are to be informed about the investigation and its purpose. Applicants can not be forced to attend the recruitment examination, but the decision to hire is subject to the employer.

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