Law on occupational physicians, safety engineers and other occupational safety experts

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ASiG

Date of completion: 12.12.1973

Full quote:

" Law on occupational physicians, safety engineers and other occupational safety professionals of 12 December 1973 (BGBl. I p. 1885), most recently by Article 3 (5) of the Law of 20 April 2013 (BGBl. I p. 868).

Status:

Last amended by Art. 3 para. 5 G v. 20.4.2013 I 868

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.5.1976 + + +) 
(+ + + measures due to EinigVtr cf.  ASiG Appendix EV + + +) 

  

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section

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§ 1 Principle

The employer shall appoint occupational physicians and occupational health workers in accordance with the provisions of this Act. They should support him in the field of occupational safety and health and accident prevention. The aim is to ensure that:

1.

the rules on occupational health and safety and accident prevention shall be applied in accordance with the specific operating conditions,

2.

to be able to provide secure occupational health and safety knowledge in order to improve the safety of workers and accident prevention,

3.

the measures used for occupational health and safety and accident prevention achieve the highest possible level of efficiency.

Second section
Occupational physicians

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§ 2 Order of occupational physicians

(1) The employer has to order in writing occupational physicians and to transfer to them the tasks referred to in § 3, to the extent that this is necessary in view of the

1.

the mode of operation and the accident and health hazards associated with workers;

2.

the number of workers employed and the composition of the workforce; and

3.

the organisation of operations, in particular with regard to the number and type of persons responsible for occupational safety and accident prevention.

(2) The employer shall ensure that the occupational physicians appointed by him carry out their duties. He shall assist them in the performance of their duties; in particular, he shall be obliged to provide them with assistance personnel, as well as spaces, facilities, equipment and means, to the extent necessary for the performance of their duties. He has to inform them about the use of persons who are employed on a fixed-term contract or who are left to work for work. (3) The employer has the necessary staff to perform their duties Training taking into account the operational needs to be made possible. If the occupational physician is employed as an employee, he shall be exempted from work for the period of further training in the direction of the remuneration of the working person. The cost of training is borne by the employer. If the occupational physician is not set up as an employee, he shall be exempted from the performance of the duties assigned to him for the period of further training. Unofficial table of contents

§ 3 Tasks of the occupational physicians

(1) The occupational physicians have the task of supporting the employer in the field of occupational health and safety and in accident prevention in all matters relating to health protection. In particular,

1.

advise the employer and the persons otherwise responsible for occupational safety and health protection and accident prevention, in particular:

a)

the design, execution and maintenance of facilities and social and sanitary facilities;

b)

the procurement of technical equipment and the introduction of working methods and working materials,

c)

the selection and testing of body protection products,

d)

Occupational physiology, occupational psychology and other ergonomic and labour-hygiene issues, in particular

the rhythm of work, working time and the rules governing breaks, the design of jobs, the working environment and the working environment,

e)

the organization of the "First Aid" in operation,

f)

issues of job change and the integration and reintegration of disabled people in the work process;

g)

the assessment of working conditions,

2.

to examine workers, to assess and advise occupational health professionals and to collect and evaluate the results of the investigation,

3.

to monitor the implementation of occupational health and safety and accident prevention, and in connection with that

a)

the workplaces are to be dealt with at regular intervals and reported defects shall be communicated to the employer or to the person otherwise responsible for occupational safety and health and accident prevention, to propose measures for the elimination of such defects; and to work towards their implementation,

b)

to the use of the body-protection products,

c)

to investigate the causes of work-related diseases, to collect and evaluate the results of the study and to propose measures for the employer to prevent these diseases,

4.

to ensure that all employees in the establishment behave in accordance with the requirements of occupational health and safety and accident prevention, in particular the accident and health hazards to which they are exposed to work, and to teach about the facilities and measures to avert these dangers and to participate in the deployment planning and training of the helpers in "First Aid" and the medical aid worker.

(2) The occupational physicians shall, at the request of the employee, inform him of the result of occupational medical examinations; § 8 (1) sentence 3 shall remain unaffected. (3) The duties of the occupational physicians shall not include health reports of the employees. check their authority. Unofficial table of contents

§ 4 Requirements for occupational physicians

The employer may only appoint persons who have the right to pursue the medical profession and who have the necessary occupational medical certificate to perform the tasks assigned to them.

Third Section
Occupational safety and health professionals

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§ 5 Order of skilled workers for occupational safety

(1) The employer shall in writing order specialists for occupational safety (safety engineers, technicians, master technicians) and shall transfer them to the tasks referred to in § 6, insofar as this is necessary in view of the

1.

the mode of operation and the accident and health hazards associated with workers;

2.

the number of workers employed and the composition of the workforce,

3.

the organisation of operations, in particular with regard to the number and type of persons responsible for occupational safety and accident prevention,

4.

the knowledge and training of the employer or the persons responsible pursuant to Section 13 (1), No. 1, 2 or 3 of the German Occupation Protection Act (Arbeitsschutzgesetz) in matters relating to occupational safety and health.

(2) The employer shall ensure that the occupational safety and health workers appointed by him fulfil their duties. He shall assist them in the performance of their duties; in particular, he shall be obliged to provide them with assistance personnel, as well as spaces, facilities, equipment and means, to the extent necessary for the performance of their duties. He has to inform them about the use of persons who are employed on a fixed-term contract or who are left to work for work. (3) The employer has the occupational safety specialists who are responsible for the performance of their duties to provide necessary training, taking into account the operational needs. If the skilled worker is employed as an employee for occupational safety, it shall be exempted from work for the period of further training in the direction of the remuneration of the work. The cost of training is borne by the employer. If the skilled worker is not employed as an employee in the case of occupational safety, it shall be exempted from the performance of the duties assigned to him for the period of further training. Unofficial table of contents

§ 6 Tasks of the occupational safety experts

Occupational safety and health workers have the task of supporting the employer in occupational safety and accident prevention in all aspects of occupational safety, including the humane design of the work. In particular,

1.

advise the employer and the persons otherwise responsible for occupational safety and health protection and accident prevention, in particular:

a)

the design, execution and maintenance of facilities and social and sanitary facilities;

b)

the procurement of technical equipment and the introduction of working methods and working materials,

c)

the selection and testing of body protection products,

d)

the design of workplaces, the working environment, the working environment and other questions of ergonomics,

e)

the assessment of working conditions,

2.

check the operating facilities and the technical equipment, in particular before they are put into service and in particular before they are put into operation, in particular before they are put into operation,

3.

to monitor the implementation of occupational health and safety and accident prevention, and in connection with that

a)

the workplaces are to be dealt with at regular intervals and reported defects shall be communicated to the employer or to the person otherwise responsible for occupational safety and health and accident prevention, to propose measures for the elimination of such defects; and to work towards their implementation,

b)

to the use of the body-protection products,

c)

to investigate the causes of accidents at work, to collect and evaluate the results of the investigation and to propose measures to the employer to prevent these accidents at work,

4.

to ensure that all employees in the establishment behave in accordance with the requirements of occupational health and safety and accident prevention, in particular the accident and health hazards to which they are exposed to work, and to provide information on the facilities and measures to be taken to avert these hazards and to assist in the training of security officers.

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§ 7 Requirements for occupational safety experts

(1) The employer may, as a worker for occupational safety, order only persons who meet the following requirements: the safety engineer must be entitled to carry out the professional title engineer and be entitled to the performance of his/her job shall have the necessary safety technical expertise. The security engineer or master must have the necessary technical safety certificate to perform the tasks assigned to him. (2) In individual cases, the competent authority may allow a safety engineer to be replaced by a safety engineer, A person entitled to carry out the professional title of engineer may be appointed, who has the appropriate expertise to perform the tasks arising from § 6.

Fourth Section
Common rules

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§ 8 Independence in the application of the technical customer

(1) occupational physicians and occupational safety specialists are free of instructions in the application of their occupational health and safety and safety technical expertise. They shall not be penalised because of the performance of the tasks assigned to them. Occupational physicians are subject only to their medical consciences and have to comply with the rules of medical confidentiality. (2) occupational physicians and specialists in occupational safety or, if several occupational physicians or specialists are responsible for the operation of a company. Occupational safety and occupational safety are immediately available to the head of the company. (3) In the case of occupational physicians or occupational safety specialists, they can be appointed to work safety. Proposed occupational health or safety measures with the If the head of the establishment does not agree, they may submit their proposal directly to the employer and, if that person is a legal person, to the competent member of the institution appointed to the legal representation. If an operating physician or a senior occupational safety officer is appointed for an establishment or a company, the right of proposal shall be entitled to the right of proposal as set out in the first sentence. If the employer or the competent member of the body appointed to the legal representation rejects the proposal, the proposal shall be notified in writing and justified in writing; the works council shall be given a copy. Unofficial table of contents

Section 9 Cooperation with the works council

(1) The occupational physicians and the occupational safety experts shall cooperate with the works council in the performance of their duties. (2) The occupational physicians and the occupational safety experts shall have the works council on important inform him of the contents of a proposal which they make to the employer in accordance with Section 8 (3) of the Directive. You have to advise the works council on its request in matters of occupational safety and accident prevention. (3) The occupational physicians and specialists for occupational safety are to be ordered and recalled with the approval of the works council. The same shall apply if their duties are to be extended or restricted; otherwise, § 87 shall apply in conjunction with Section 76 of the Works Constitution Act. The works council is to be heard before the obligation or dismise of a freelance doctor, a freelancier for occupational safety or an over-the-job service. Unofficial table of contents

§ 10 Cooperation between occupational physicians and occupational health workers

Occupational physicians and occupational health workers have to cooperate in the performance of their duties. This includes, in particular, joint operational operations. Occupational physicians and occupational safety experts shall cooperate in the performance of their duties with the other persons responsible for matters relating to technical safety, health and environmental protection. Unofficial table of contents

Section 11 Labour Protection Committee

Unless otherwise provided in any other legislation, the employer shall form a Labour Protection Committee in establishments with more than twenty employees; the number of persons employed shall be determined by the number of part-time workers. with a regular weekly working time of not more than 20 hours, with 0.5 and not more than 30 hours, with 0.75. This Committee shall be composed of:

the employer or one of his representatives, two members of the works council designated by the works council, occupational physicians, occupational safety and security officers and safety officers in accordance with § 22 of the Seventh Book of Social Code.

The Occupational Safety Committee has the task of advising on occupational safety and health issues and accident prevention. The Labour Protection Committee shall meet at least once a quarter. Unofficial table of contents

§ 12 Public orders

(1) The competent authority may order, on a case-by-case basis, the measures taken by the employer in order to comply with the legal regulations and the law on the prevention of accidents, which shall be determined by this law and in accordance with the legal obligations. (2) before making an order, the competent authority shall have the following obligations, in particular concerning the appointment of occupational physicians and occupational safety specialists.

1.

to consult the employer and the works council and to discuss with them what measures appear to be appropriate; and

2.

to give the competent institution of the statutory accident insurance the opportunity to take part in the discussion with the employer and to comment on the arrangement envisaged by the authority.

(3) The competent authority shall set a reasonable time limit for the employer to execute the order. (4) The competent authority shall inform the works council in writing of an order made to the employer. Unofficial table of contents

Section 13 Right of information and inspection rights

(1) The employer shall provide the competent authority with the information necessary for the implementation of the law at the request of the competent authority. He may refuse to provide information on such questions, the answers to which he or she himself or one of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the danger of criminal prosecution or of a procedure under the law (2) The agents of the competent authority shall be entitled to enter and visit the workplaces during normal working hours and working hours; outside that time or when the where workplaces are located in an apartment, they may only be used for the prevention of urgent risks for Enter and visit public safety and order. The fundamental right of inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent. Unofficial table of contents

Section 14 authorizing the enactment of legal orders

(1) The Federal Ministry of Labour and Social Affairs may, with the consent of the Federal Council, determine by means of a decree law which measures the employer has to take in order to fulfil the obligations arising from this law. To the extent that the institutions of the statutory accident insurance are authorized to determine the legal obligations by means of accident prevention regulations, the Federal Ministry of Labour and Social Affairs shall only make use of the authorization after the authorization has been granted. Within a reasonable period of time set by the institution, the institution of the statutory accident insurance has failed to adopt a corresponding accident prevention provision or does not change an accident prevention provision which has become insufficiently developed. (2) (omitted) Unofficial table of contents

§ 15 authorizing the adoption of general administrative provisions

The Federal Ministry of Labour and Social Affairs, with the consent of the Federal Council, shall adopt general administrative provisions relating to this Act and the legal regulations adopted pursuant to the Act. Unofficial table of contents

Section 16 Public administration

In administrations and businesses of the Federal Government, the Länder, the municipalities and the other bodies, institutions and foundations of public law, a working medical and safety-related medical and safety-related law of equal value is the principles of this law. to ensure employment protection. Unofficial table of contents

§ 17 Non-application of the law

(1) This law shall not apply to the extent to which workers are employed in the household. (2) Where equivalent arrangements are contained in the Maritime Labour Act and other provisions in the field of maritime shipping, those rules shall apply to the Crew members on the German flag. To the extent that this law is not applicable to sea shipping, the provisions of this law shall be governed by the law. (3) Where the Bergrecht contains equivalent provisions to this Act, those rules shall apply. In other respects, this law applies. Unofficial table of contents

Section 18 Exceptions

The competent authority may allow the employer to appoint such occupational physicians and occupational safety specialists who do not yet have the necessary specialist knowledge within the meaning of § 4 or § 7, if the employer is shall, in accordance with a deadline to be determined, be required to continue to provide the occupational physician or the specialist for occupational safety and safety. Unofficial table of contents

Section 19 Overwork services

The employer's obligation to appoint occupational physicians and occupational health workers can also be fulfilled by providing the employer with an over-the-job service of occupational physicians or occupational health workers. To carry out the tasks according to § 3 or § 6. Unofficial table of contents

§ 20 Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act

1.

an enforceable order pursuant to section 12 (1) of this Directive,

2.

Contrary to Section 13 (1) sentence 1, information is not provided, not correct or not completely, or

3.

contrary to Section 13 (2) sentence 1, a visit shall not be tolerated.

(2) An administrative offence referred to in paragraph 1 (1) may be punishable by a fine of up to twenty-five thousand euros, an administrative offence referred to in paragraph 1 (2) and (3), with a fine of up to five hundred euros. Unofficial table of contents

Section 21

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Section 22 Berlin-clause

This law applies in accordance with Section 13 (1) of the Third Transfer Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Legal orders issued pursuant to this Act shall apply in the Land of Berlin pursuant to Section 14 of the Third Transfer Act. Unofficial table of contents

Section 23 Entry into force

(1) This law, other than § 14 and § 21, shall enter into force on the first day of the twelfth calendar month following the proclamation. § 14 and § 21 enter into force on the day following the proclamation of the law. (2)

Footnote

Section 23 (1) sentence 1 and 2: IdF d. § 70 No. 3 G v. 12.4.1976 I 965 mWv 1.5.1976, italic print subject-free Unofficial table of contents

Annex EV Excerpt from EinigVtr Annex I, Chapter VIII, Area B, Section III
(BGBl. II 1990, 889, 1029)
-measures in respect of the territory which has been acceded (Art. 3 Unification)-

Section III
Federal law shall enter into force in the territory referred to in Article 3 of the Treaty, with the following measures:
...

12.

Law on occupational physicians, safety engineers and other occupational safety professionals of 12 December 1973 (BGBl. 1885), as amended by Section 70 of the Law of 12 April 1976 (BGBl. 965), with the following measures:

a)

The obligation of the employers in accordance with § 2 shall be deemed to be fulfilled if the occupational health tasks are carried out by an establishment of the occupational health care system. (b) and (d) shall apply.

b)

In accordance with § 4, the employer can be regarded as a specialist in occupational medicine or work hygiene and specialist physicians with state recognition as a company doctor.

c)

The employer can be regarded as a specialist for occupational safety in accordance with § 7 as proven by skilled workers who have a higher-education, technical or master qualification and a practical activity corresponding to the training for at least two years and training as a technical engineer or specialist economist for occupational health and safety inspectors or safety engineer or technical engineer for fire protection or the acquisition of the recognised additional qualification in health and safety at work for safety inspectors or a Appropriate training in the field of work hygiene. Occupational safety experts also meet the requirements if they have been active in the field of occupational safety for at least two years prior to the entry into force of this law.

d)

The following minimum values shall be used for the determination of the operating time of the occupational physicians:

aa)

0.25 hours/employee x year for establishments with minor hazards,

bb)

0.6 hours/employee x year for establishments in which occupational health care is to be carried out because of special work problems or to prevent particular occupational diseases, or special work-related hazards for the workers or third parties are present;

cc)

1.2 hours/persons employed x year for establishments in which these occupational medical examinations are to be carried out in annual or shorter intervals.

The time of use determined on the basis of the minimum values shall be increased if the extent of the occupational medical examinations to be carried out by the occupational physician is above-average or in the enforcement of legislation additional Tasks to be solved in operation.

e)

The following minimum values shall be used for the determination of the working time of occupational safety professionals:

aa)

0.2 hours/employee x year for establishments with minor hazards,

bb)

1.5 hours/employee x year for medium-risk farms,

cc)

3.0 hours/employee x year for companies with high risks,

dd)

4.0 hours/employee x year for companies with very high risks.

The time of use determined on the basis of the minimum values shall be increased if the degree of difficulty of the occupational safety task or the extent of the tasks of the technical work hygiene is above-average or additional Tasks, e.g. for the areas of fire protection or radiation protection, must be solved.

f)

If the employer is a member of an accident insurance carrier and has adopted this accident prevention regulations in accordance with Article 14 (1), the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of the provisions of Accident prevention regulations. The required specialist may continue to be regarded as proven if the conditions set out in (b) and (c) are fulfilled.

g)

In the case of the public service of the countries referred to in Article 1 of the Treaty and of the Land of Berlin for the part in which the Basic Law has not yet been applied, until such time as the relevant provisions have been adopted by the competent authorities responsible for the public service Minister of the Länder the directive of the Federal Minister of the Interior for the occupational health and safety service in the administrations and enterprises of the federal government of 28 January 1978 (GMBl. 114 et seq.) ,

...