Regulation On Occupational Health Screening

Original Language Title: Verordnung zur arbeitsmedizinischen Vorsorge

Read the untranslated law here: http://www.gesetze-im-internet.de/arbmedvv/BJNR276810008.html

Regulation on occupational health screening (ArbMedVV) ArbMedVV Ausfertigung date: 18.12.2008 full quotation: "regulation on occupational health screening by December 18, 2008 (BGBl. I S. 2768), most recently by article 1 of the Decree of 23 October 2013 (BGBl. I S. 3882) is changed" stand: last amended by art. 1 V v. 23.10.2013 3882 for more information on the stand number you find in the menu see remarks footnote (+++ text detection off) : 24.12.2008 +++) as article 1 of the V v. 18.12.2008, the V was I 2768 decided by the Federal Government after consultation with the Central Commission for biological safety with the consent of the Federal Council. It is as per article 10 set 1 of this V on December 24, 2008 entered into force.

Article 1 objective and scope (1) objective of the regulation is to recognize work-related diseases, including occupational diseases through measures of occupational health care and to prevent. Preventative to contribute at the same time maintain employability, and to the development of occupational health protection.
(2) this Regulation applies to the preventative in the scope of the occupational safety and Health Act.
(3) this regulation without prejudice to other occupational health prevention measures, in particular to the Working Environment Act and the Act on occupational physicians, safety engineers and other specialists for occupational safety (occupational safety law).

Article 2 definitions (1) preventative in the sense of this regulation 1 is part of the occupational health prevention measures in operation;
2. is assessing the individual interactions of work and physical and mental health and early detection of work-related health problems and whether exercise of a specific activity increased health risk of determining;
3. includes a medical consultation with a history including work history, as well as physical, or clinical studies, as far as these are required for the individual information and advice, and does not reject such studies which or the employees;
4. includes the use of findings from provisions for risk assessment and for other measures of labour protection;
5. does not proof of health aptitude for professional requirements for regulations and individual - or group-legal agreements.
(2) compulsory care is preventative, which must be arranged in certain particularly hazardous activities.
(3) offer care is preventative, which must be offered in certain hazardous activities.
(4) request pension is preventative, which should be allowed for activities where a damage to health cannot be ruled out, on request of employees.

Section 3 has general obligations of the employer (1) the employer on the basis of the risk assessment to ensure a reasonable preventative. Here, he has to observe the provisions of this regulation including the annex and to take into account the rules announced pursuant to § 9 para 4 and insights. To assume that the requirements have been met is in compliance with the rules and findings pursuant to sentence 2. Preventative may include other measures of health.
(2) the employer has to hire a doctor or a doctor to perform the occupational pension pursuant to § 7. A company doctor or a Betriebsärztin is ordered, pursuant to article 2 of the law on work safety of employers to hire primarily this or this also with the occupational health care. All necessary information about workplace relations, in particular on the occasion of the occupational health care and the results of the risk assessment to grant and to enable the inspection of the workplace are the doctor. He or she is referred to in paragraph 4 sentence 1 to grant access to the documents.
(3) occupational health prevention will take place during working hours. To perform together with investigations, which be used to determine of the health suitability for professional requirements, except where operational reasons require this; in this case, the employer has to commit the doctor, to disclose the different purposes of occupational health care and fitness investigation against which or the employees.
(4) the employer has to do with details, a pension file that, when and on what occasions preventative has taken place the index can be done automatically. The information is to be kept until the termination of the employment relationship and then to delete, unless something else determine rules known given legislation or that according to section 9, paragraph 4. The employer has to provide a copy of the register of pension arrangement a competent authority. Upon termination of the employment relationship, the employer of the person concerned has to hand over a copy of the information concerning him or her; Article 34 of the Federal Data Protection Act shall remain unaffected.

§ Has 4 mandatory provisions (1) the employer for cause in accordance with annex duty pension for employees. Mandatory retirement must be made prior to the activity and then at regular intervals.
(2) the employer must be only engaged in an activity if the or the employee has participated in the mandatory provision.
(3) (lapsed) § 5 (1) the employers offer retirement has to offer employees offer retirement in accordance with the annex. Offer provision must be offered prior to the activity and then at regular intervals. Knocking out a bid shall relieve the employer from the obligation continue regularly to offer offer insurance.
(2) the employer becomes aware of a disease that can stand in the causal link with the activities of employees, he immediately offered offer interest to him or her. This applies also for workers with similar activities, if indications that they may be also at risk.
(3) the employer has employees and former employees in accordance with the annex after certain activities, health problems can occur where after long latency periods, to provide depth after retirement. At the end of the employment relationship, transfers the employer the obligation on the competent statutory accident insurance institutions, and leaves him with the necessary documents in copy unless the or the employee has consented.

§ 5a wish screening on the provisions of the annex, the employees at their request has the employer pursuant to section 11 of the occupational safety and Health Act to enable regular preventative, unless, on the basis of the assessment of the working conditions and the measures of protection is not a health damage to be expected.

§ 6 obligations of the physician or the doctor (1) where the occupational health provisions has to observe the doctor the provisions of this regulation including the annex and to take into account the State of occupational health rules and insights. Before implementation of the occupational health care he or she must get the necessary knowledge about workplace conditions. The doctor has medical discretion to examine the necessity and to educate the employees about the content, purpose and risks of the investigation or the prior physical or clinical examinations. Investigations may not be carried out against the wishes of the employees pursuant to sentence 3. The doctor has to keep in mind the doctor-patient confidentiality.
(2) monitoring is part of occupational health prevention, as far as analysis methods for health recognized and appropriate values for assessing available. Biomonitoring must not be taken against the will of the or of the employees. Vaccinations are offered part of occupational health prevention and the employees, as far as the risk of infection is due to the activity and increased in comparison with the general population. Sentence 3 shall not apply if the or the employee already has a sufficient immune protection.
(3) the doctor 1 to hold the result, as well as the findings of occupational interest in writing and advise the workers about it or the 2nd which or the employee at his or her request has to make the result available as well as a pension certificate about to exhibit 3 the or the workers and the employers, that, when and from what cause an occupational health care appointment; took place the pension certificate contains also, when a more preventative occupational medicine from medical point of view is displayed.
(4) the physician or the physician has to evaluate the knowledge of occupational health care. Arise is evidence that the measures of labour protection for workers or the employees or other workers was insufficient, the doctor has to inform the employer and to propose measures of labour protection. Keeps the doctor or the doctor for medical reasons, which are a change of occupation necessary, only in the person of employees, this notice to the employer of the consent of workers needed.

§ 7 must be the doctor or the medical requirements for the doctor or the doctor (1) without prejudice to other provisions in the annex for single occasions of occupational pension entitled to lead the area label 'Occupational medicine', or the additional designation of "Occupational medicine". He or she must exert itself no employer function against which or the employees. The doctor does not pursuant to sentence 1 for certain investigation methods have the required expertise, the special recognitions or equipment, so he or she has consulting doctors or physicians that meet these requirements.
(2) the competent authority may allow exceptions to paragraph 1 sentence 1 for doctors or doctors in justified individual cases.

§ 8 has measures of occupational health provisions (1) In the case of article 6, paragraph 4, sentence 2 to verify the risk assessment the employer and immediately to take the necessary measures of labour protection. Proposes a change of activity, the employer shall in accordance with the service and labor rules to assign an other activity which or the employees.
(2) the measures taken to inform are the operational or personnel Council and the competent authority.
(3) or the employees or the employers keep the result of the evaluation pursuant to § 6 paragraph 4 for NA, the competent authority shall decide on request.

§ 9 Committee for occupational medicine (1) at the Federal Ministry of labour and Social Affairs a Committee for occupational medicine is made, in which professional representatives of employers, trade unions, the State authorities, statutory accident insurance and other professional people, especially science, should be represented. The total number of members should not exceed twelve people. For each Member, a substitute is appointed. The membership of the Committee for occupational medicine is Honorary.
(2) the Federal Ministry for labour and Social Affairs appoints the Committee members and the Deputy members. The Committee adopt its rules of procedure and elects the Chairman or the Chairman from among its members. The rules of procedure and the election of presiding require the approval of the Federal Ministry of labour and Social Affairs.
(3), 1 include the tasks of the Committee to determine the State of occupational health rules and other secure occupational health findings, rules and knowledge to determine how the requirements in this regulation, in particular to the content and scope of obligatory, quote or request provision meets can be 2, 3. to prepare recommendations on occupational health screening, issuing policy recommendations for further measures of health care 4. , to advise especially for corporate health programs, to determine 5th to the General occupational health counselling of employees, in particular rules and insights to other occupational health prevention measures according to § 1 paragraph 3 6 the Federal Ministry of labour and Social Affairs in all aspects of occupational health care, and other medical issues.
The work programme of the Committee on occupational medicine is coordinated with the Federal Ministry of labour and Social Affairs. The Committee works closely with the other committees in the Federal Ministry of labour and Social Affairs.
(4) the Federal Ministry of labour and Social Affairs may announce the rules identified by the Committee for occupational medicine and findings and recommendations in the joint ministerial Gazette.
(5) the federal ministries as well as the Supreme Land authorities may send representatives to the meetings of the Committee. On request, the word is this at the meeting to grant.
(6) the Federal Institute for occupational safety and health leads the business of the Committee.

§ 10 offences and offences (1) any person in the sense of § 25 para 1 No. 1 of the OSH Act is who intentionally or through negligence a duty provision not or not timely causes 1. contrary to article 4, paragraph 1, can be an activity 2. contrary to § 4 paragraph 2, 3. contrary to article 3, paragraph 4, sentence 1, incorrectly or not completely leads a prevention index half-sentence 1 or 4. contrary to § 5 para 1 sentence 1 not or not timely offers a range of provision.
(2) a person who endangers life or health of an or a workers through a deliberate act referred to in paragraph 1, is no. 2 of the occupational safety and Health Act pursuant to section 26 punishable.

Annex medical obligatory and offer prevention (site: BGBl. I, 2008, 2771-2775; regarding the details of the changes see footnote) part 1 activities of dangerous substances (1) compulsory retirement at: 1 activities with the hazardous materials: - acrylonitrile alkyl mercury compounds, - Alveolengängiger dust (A dust), - aromatic Nitro - and amino-compounds, - arsenic and arsenic compounds, - asbestos, - benzene, beryllium, - Bleitetraethyl and Bleitetramethyl, - cadmium and cadmium compounds, - chromium (VI) compounds, - Dimethylformamide, - Einatembarer dust (E dust), - fluorine and inorganic fluorine compounds, - nitroglycerin and Egdn (Nitro glycerine/Nitro glycol) , - Hardwood dust, - carbon disulfide, carbon monoxide, methanol, nickel and its compounds - polycyclic aromatic hydrocarbons (pyrolysis products of organic material), - white phosphorus (Tetraphosphor), - Platinum compounds, mercury and inorganic mercury compounds, - hydrogen sulphide, - silicogenic dust, styrene, - Tetrachloroethene, - toluene, - trichloroethylene, - vinyl chloride, xylene (all isomers), if a) the occupational exposure limit value for the hazardous material according to the Ordinance on hazardous substances is not respected, b) a repeated exposure cannot be ruled out and the hazardous substance is a carcinogenic or mutagenic substance or preparation of category 1 or 2 for the purposes of the Ordinance on hazardous substances or activities with the Hazardous material category 1 or 2 for the purposes of the Ordinance on hazardous substances are referred to as carcinogenic activities or processes or c) the hazardous substance is hautresorptiv and pose a health risk may not be excluded by skin contact
2. other activities involving hazardous substances: a) wet work regularly four hours or more per day, b) welding and cutting of metals exceeded an air concentration of 3 milligrams per cubic meters of welding fumes, c) activities involving exposure to grain and animal feed dusts exceeded an air concentration of 4 milligrams per cubic meter a barem breathing dust, d) activities involving exposure to isocyanates, where regular skin contact may not be excluded or an air concentration exceeding 0.05 milligrams per cubic meter , e) activities involving exposure to health hazards due to lab animal dust in animal husbandry areas and equipment, f) activities involving the use of natural rubber latex gloves with more than 30 micro grams protein per gram in the glove material, g) activities involving danger to dermal or inhalation exposure to health hazards, caused by components of its epoxy resins, especially by spraying of epoxy resins, h) activities involving exposure to lead and inorganic lead compounds exceeded an air concentration of 0.075 milligrams per cubic meter , can be i) activities with high temperature will, as far as carcinogenic category 1 or 2 for the purposes of the Ordinance on hazardous substances released classified fiber dusts, j) activities involving exposure to flour dust exceeded a flour dust concentration of 4 milligrams per cubic metre of air.
(2) offer care at: 1 activities with in paragraph 1 No. of 1 referred to hazardous substances, if exposure cannot be ruled out and the employer has to make no compulsory retirement;
2. other activities involving hazardous substances: a) pest control according to the Ordinance on hazardous substances, b) treatment according to the Ordinance on hazardous substances, c) activities with the following substances or their mixtures: n-hexane, n-heptane, 2-Butanone, 2-Hexanone, methanol, ethanol, 2-Methoxyethanol, benzene, toluene, xylene, styrene, dichloromethane, 1,1,1-trichloroethane, trichloroethylene, tetrachloroethylene, d) activities with a hazardous material, unless the hazardous material not 1 is called number in paragraph 1, a repeated exposure cannot be ruled out and aa) the hazardous material a substance or preparation of category 1 krebserzeugender or heritage, good changing or 2 for the purposes of the Ordinance on hazardous substances or bb) activities with the hazardous material category 1 or 2 for the purposes of the Ordinance on hazardous substances are called carcinogenic activities or processes, e) wet work regularly more than two hours per day, f) welding and cutting of metals in compliance with an air concentration of 3 milligrams per cubic meters of welding fumes, g)
Activities involving exposure to grain and animal feed dusts exceeded an air concentration of 1 milligram per cubic meter a barem breathing dust, h) activities involving exposure to isocyanates, where skin contact can not be excluded or an air concentration is kept up by 0.05 milligrams per cubic meter, i) activities involving exposure to lead and inorganic lead compounds in compliance with an air concentration of 0.075 milligrams per cubic meter, j) activities involving exposure to flour dust while maintaining a flour dust concentration of 4 milligrams per cubic metre of air , k) activities with exposure to other respiratory path sensitizing or skin sensitizing action materials, for which paragraph 1, number 1 or letter a to j no preventative is provided.
3. (disappeared) (3) occasions for going after retirement: 1 activities with exposure to a hazardous substance, unless a) the hazardous material a substance or a preparation of category 1 or 2 in the meaning of the Ordinance on hazardous substances is or b krebserzeugender or heritage, good changing) the activities with the hazardous material category 1 or 2 for the purposes of the Ordinance on hazardous substances; referred to as carcinogenic activities or processes
2. activities involving exposure to lead and inorganic lead compounds;
3. activities with high temperature wool referred to in paragraph 1 number 2 letter i. (4) deviations: pension according to the paragraphs 1 to 3 must be does not initiate or offered, if and to the extent determined number 1 on the basis of article 9, paragraph 3, sentence 1 and according to § 9 paragraph 4 determine otherwise known rules.
Part 2 activities with biological agents including genetic engineering work with human pathogenic organisms (1) compulsory retirement at: 1. targeted activities with a risk group 4 biological agent or with - Bacillus anthracis - Bartonella bacilliformis, - Bartonella henselae - Bartonella quintana, Bordetella pertussis, - burgdorferi Borelia, - burgdorferi sensu lato Borelia - Brucella melitensis, - Burkholderia pseudomallei (Pseudomonas pseudomallei) - Chlamydophila pneumoniae, - Chlamydophila psittaci (avian strains), Coxiella burnetii - Francisella tularensis, - Frühsommermeningoenzephalitis-(FSME)-Virus , - Yellow fever virus, Helicobacter pylori, hepatitis A virus (HAV), - hepatitis B virus (HBV), hepatitis C virus (HCV), - influenza virus A or B, - Japan encephalitis virus – Leptospira spp., - measles virus - mumps virus, - Mycobacterium bovis - Mycobacterium tuberculosis - Neisseria meningitidis, - poliomyelitis virus, - Rubivirus, - salmonella typhi - Schistosoma mansoni, - Streptococcus pneumoniae, - rabies virus - Treponema pallidum (syphilis), - Tropheryma whipplei - Trypanosoma cruzi - Yersinia pestis, - varicella-zoster virus (VZV) or -Vibrio cholerae;
2. not targeted activities with biological agents of risk group 4 with possibility of contact to infected samples or samples or diseased or disease suspected persons or animals including their transport and 3 listed below not targeted activities a) in research institutes or laboratories: regular activities with the opportunity to contact infected specimens or samples, to infected animals or animals disease suspected respectively to erregen-receipt or contaminated objects or materials with regard to a biological agent referred to in point 1;
(b) in the departments of tuberculosis and other powder MOL geological facilities: activities involving regular contact with diseased or suspected disease persons with regard to Mycobacterium bovis or Mycobacterium tuberculosis;
c) aa in facilities for the medical examination, treatment and care of people:) activities with regular direct contact with diseased or suspected disease people with regard to - Bordetella pertussis, hepatitis A virus (HAV), measles virus, - mumps virus or - Rubivirus, bb) activities, which regularly and on a larger scale can cause body excretions or tissue contact with body fluids, in particular activities with increased risk of injury or danger of splashing and aerosol formation , for -, hepatitis B virus (HBV) or hepatitis C virus (HCV);
the same applies to areas that are supplying or maintaining these facilities;
(d) in facilities to medical examination, treatment and care of children, except facilities exclusively for the care of children: activities with regular direct contact with diseased or suspicious illness children with respect to varicella-zoster virus (VZV); Letter c shall remain unaffected;
(e) in facilities exclusively for the care of people: activities, which regularly and on a larger scale can cause body excretions or tissue contact with body fluids, in particular activities with increased risk of injury or danger of splashing and aerosol formation, with regard to hepatitis A virus (HAV), -, hepatitis B virus (HBV) or hepatitis C virus (HCV);
f) in facilities for the pre-school care for children: activities involving regular contact with children as regards - Bordetella pertussis, measles virus, mumps - virus, - Rubivirus or - varicella zoster virus (VZV). Point (e) shall remain unaffected;
(g) in emergency and rescue services: activities, which regularly and on a larger scale can cause body excretions or tissue contact with body fluids, in particular activities with increased risk of injury or danger of splashing and aerosol formation, with regard to hepatitis B virus (HBV) or hepatitis C virus (HCV);
h) in Pathology: activities, which regularly and on a larger scale can cause body excretions or tissue contact with body fluids, in particular activities with increased risk of injury or danger of splashing and aerosol formation, with regard to hepatitis B virus (HBV) or hepatitis C virus (HCV);
(i) in sewage treatment plants or in sewer: activities with regular contact to waste-containing wastewater or sewage-contaminated objects with regard to hepatitis A virus (HAV).
(j) in facilities on the breeding and keeping of birds or poultry slaughter: regular activities with the opportunity to contact infected specimens or samples, to infected animals or animals suspected disease or to erregen-receipt or contaminated objects or materials, if thereby the transmission path is given, with respect to Chlamydophila psittaci (avian strains);
(k) district in a rabies risk: activities involving regular contact with wild animals with regard to rabies virus.
(l) in or in the vicinity of bat unterschlupfen: activities involving close contact with bats as regards European bat Lyssavirus (EULA 1 and 2);
m) on open areas in forests, parks and gardens, zoos and zoos: regular activities in animals niederer to free living vegetation or direct contact with regard to aa) Borrellia burgdorferi or bb) in endemic areas Frühsommermeningoenzephalitis-(FSME)-Virus.
(2) supply provision 1.
(The employer has to make mandatory provisions referred to in paragraph 1, it must offer employees offer retirement at a) targeted activities with biological agents of risk group 3 of the regulation on organic fabric and not targeted activities, which are allocated to the protection level 3 of the organic substances regulation, or for which a comparable threat exists, b) targeted activities with biological agents of risk group 2 of the organic substances Ordinance and not targeted activities , the protection level 2 of the Ordinance on organic substances are allocated to or consists of a similar danger, unless, after the risk assessment and on the basis of the adopted protection measures is not an infection risk to assume;
c) sensitizing activities with exposure or toxicity is observed biological substances, for which referred to in paragraph 1, letter a or b no preventative is intended;
2. § 5 para 2 applies if as a result of exposure to biological agents a) must be charged with a serious infectious disease and measures of postexpositionellen prevention are possible or b) infection occurred.
3. at the end of an activity, where a mandatory provision to cause was referred to in paragraph 1, the employer has to provide a range of provision.
(3) genetic work with human pathogenic organisms: the paragraphs 1 and 2 to compulsory and offer prevention shall apply mutatis mutandis when genetic engineering working with human pathogenic organisms.
(1) compulsory retirement with physical agents part 3 activities at: 1 activities with extreme heat stress, which can; lead to special hazards
2. activities with extreme cold conditions (- 25 ° c and colder).
3. activities with exposure to noise, if the upper exposure action values of lex, 8 h = 85 dB(A) or LpC, peak = 137 dB(C) are met or exceeded.
The insulating effect of personal hearing protection of employees is not considered in the application of the action pursuant to sentence 1;
4. activities involving exposure to vibration, if a exposure limits) A(8) = 5 m / s2 for activities with hand-arm vibration or b) A(8) = 1.15 m / s2 in X - or Y-direction or A(8) = 0.8 m / s2 in the Z direction for activities involving whole-body vibration reached or exceeded;
5.
Activities under water, where the or the employees about a scuba is supplied with breathing gas (diving operations);
6 activities with exposure of incoherent artificial optical radiation, if workplace the exposure limit values according to § 6 of the occupational safety and health regulation to artificial optical radiation 19th July 2010 (Federal Law Gazette I p. 960) be exceeded in the currently valid version.
(2) offer care at: 1 activities with exposure to noise, if the lower exposure action values of lex, 8 h = 80 dB(A) and LpC, peak = 135 dB(C) are exceeded.
The insulating effect of personal hearing protection of employees is not considered in the application of the action pursuant to sentence 1;
2. activities involving exposure to vibrations, if the action of a) A(8) = 2.5 m / s2 for activities with hand-arm vibration or b) A(8) = exceed 0,5 m / s2 for activities involving whole-body vibration;
3. activities with exposure of incoherent artificial optical radiation, if workplace the exposure limit values according to § 6 of the occupational safety and health regulation to artificial optical radiation 19th July 2010 (Federal Law Gazette I p. 960) can be exceeded in the amended
4. activities with significantly increased physical stress associated with health hazards for the musculo skeletal system by a) handling of loads when lifting, holding, carrying, pulling or pushing of loads, b) repetitive manual tasks or c) work in forced body postures in the knees, in long continuous fuselage bending or turning, or in similar postures.
Part 4 other activities (1) mandatory provision for: 1. activities which require the wearing of respirators of groups 2 and 3;
2. activities in the tropics, subtropics and other abroad with special climatic stress and infection risks. By way of derogation from section 3 paragraph 2 sentence 1 in conjunction with § 7 also doctors or doctors may be instructed, that are entitled to keep the additional designation of tropical medicine.
(2) offer care at: 1 activities with display screen equipment offer provisions contains the offer on a reasonable examination of the eyes and eyesight. An ophthalmological investigation proves necessary, on the basis of offering interest is so allow. § 5 para 2 applies to Visual difficulties. The employees are to provide special visual aids for their work with display screen equipment, if result of offering interest is that special visual aids are not suitable, necessary and normal Visual AIDS; to the extent necessary
2. activities that require the wearing of respirators of in Group 1;
3. at the end of an activity, where referred to in paragraph 1 number 2 to get a mandatory provision was, the employer has to provide a range of provision.