Law On Occupational Physicians, Safety Engineers And Other Occupational Safety Specialists

Original Language Title: Gesetz über Betriebsärzte, Sicherheitsingenieure und andere Fachkräfte für Arbeitssicherheit

Read the untranslated law here: http://www.gesetze-im-internet.de/asig/BJNR018850973.html

Law on occupational physicians, safety engineers, and other professionals for ASiG safety copy date: 12.12.1973 full quotation: "law on occupational physicians, safety engineers, and other professionals for work safety of December 12, 1973 (BGBl. I S. 1885), most recently by article 3 paragraph 5 of the law of 20 April 2013 (BGBl. I p. 868) is changed" stand: last amended by article 3 paragraph 5 G v. 20.4.2013 I 868 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.5.1976 +++) (+++ requirements due to EinigVtr cf. ASiG annex EV +++) input formula the Bundestag has decided with the consent of the Federal Council the following law: first section section 1 principle of the employer has under this Act to appoint occupational physicians and occupational safety specialists. These should support him at safety at work and accident prevention. Thus, it will be achieved that 1 the occupational health and safety and accident prevention regulations are applied the special operating conditions according to, 2. secure occupational health and safety knowledge for improving occupational health and safety and accident prevention can be achieved, 3. the occupational safety and health and accident prevention measures achieve a high degree of efficiency.
Second section occupational physicians section 2 order of occupational physicians (1) the employer has in writing to appoint occupational physicians and to transmit them the tasks referred to in paragraph 3, insofar as this is necessary with regard to 1 operating mode and thus for workers associated risks of accidents and health, 2. the number of employed workers and the composition of the workforce and 3. the operating organization, in particular on the number and the nature of the persons responsible for occupational safety and health and accident prevention.
(2) the employer must ensure that occupational physicians ordered him to fulfill its responsibilities. He's got them in carrying out their duties to support; in particular he is obliged them, as far as this is necessary for the performance of their duties to provide support staff as well as rooms, facilities, equipment and funds. He has to teach them with a temporary employment contract employed or work performance left him on the use of people.
(3) the employer has to provide the training required for the fulfilment of their tasks, taking into account the operational needs the occupational physicians. The occupational physician as an employee, he is for the time of training Fort subject to the remuneration of the work release. The employer bears the cost of the training. Is the company doctor not as an employee, he shall for the duration of the training of the tasks conferred on it to indemnify.

§ 3 duties of occupational physicians (1) occupational physicians have the task to assist the employers in all aspects of health protection occupational safety and accident prevention. You have in particular 1 the employers and those responsible for occupational safety and health and accident prevention to advise specifically on a) the planning, implementation and maintenance of operating systems and of social and sanitary facilities, b) the procurement of technical equipment and the introduction of working methods and agents, c) the selection and testing of personal protective equipment, d) physiological, psychological and other ergonomic as well as industrial hygiene issues , in particular patterns of work, working hours and breaks regulation, the design of jobs, workflow and work environment, e) the Organization of the "first aid" in the operation, f) questions of workplace change as well as the integration and reintegration of people with disabilities in the labor force, g) the assessment of conditions of of working, 2. to examine the workers, health to assess and to advise and to capture the results of the investigation and to evaluate , 3. the implementation of the occupational health and safety and accident prevention to watch and in this context a) the workplaces in regular intervals to commit and deficiencies to inform the employer or the person responsible for occupational safety and health and accident prevention, to propose measures to eliminate these shortcomings, and to work towards its implementation, b) on the use of personal protective equipment to ensure that c) to investigate causes of work-related illnesses , to capture the results of the investigation and to evaluate the employer to suggest measures to prevent these diseases, 4. it to ensure that all operation behave employees according to the requirements of the occupational health and safety and accident prevention, to teach in particular accidents and health hazards, which are exposed at work, as well as the facilities and measures to avert these dangers and to assist in the planning and training the volunteers 'First aid' and medical personnel.
(2) the occupational physicians have at the request of the employee to tell the result of occupational health investigations it; Section 8, subsection 1, sentence 3 shall remain unaffected.
(3) not include to the tasks of the operation doctors check sickness of workers on their rights.

§ 4 requirements for occupational physicians of the employer may order only people as company physicians, who are entitled to exercise the medical profession, and who have the occupational health expertise required for the fulfilment of the tasks entrusted to them.
Third section order specialists for occupational safety (1) the employer has work safety section 5 specialists in writing to order specialists for occupational safety (safety engineers, technicians, master) and to transfer them to the tasks referred to in article 6, insofar as this is necessary in terms of 1 the number employed the operating mode and the accident for workers and health dangers, 2. workers and the composition of the workforce , 3. the operating organization, in particular in terms of the number and kind of the persons responsible for occupational safety and health and accident prevention, 4. the knowledge and the training of the employer or according to § 13 ABS. 1 Nr. 1, 2, or 3 of the occupational safety and Health Act responsible persons in matters of occupational health and safety.
(2) the employer must ensure that the occupational safety specialists appointed by him to fulfill its responsibilities. He's got them in carrying out their duties to support; in particular he is obliged them, as far as this is necessary for the performance of their duties to provide support staff as well as rooms, facilities, equipment and funds. He has to teach them with a temporary employment contract employed or work performance left him on the use of people.
(3) the employer has to provide the training required for the fulfilment of their tasks, taking into account the operational needs specialists for occupational safety. Is the specialist for occupational safety as an employee, it is so for the period of training Fort subject to the remuneration of the work release. The employer bears the cost of the training. Is the specialist for occupational safety, not as an employee, it is so for the duration of the training of the tasks conferred to indemnify.

Article 6 tasks of occupational safety specialists the occupational safety specialists have the task to assist the employers occupational safety and accident prevention in all aspects of occupational safety including the humane design of work. You have in particular 1 the employers and those responsible for occupational safety and health and accident prevention to advise specifically on a) the planning, implementation and maintenance of operating systems and of social and sanitary facilities, b) the procurement of technical equipment and the introduction of working methods and agents, c) the selection and testing of personal protective equipment, d) the design of workplaces, the workflow , the working environment and on other issues of ergonomics, e) the assessment of conditions of of working, the equipment and the technical equipment in particular prior to commissioning and operating procedures in particular before their introduction safety to check 2., 3. watching the implementation of the occupational health and safety and accident prevention and in this context a) to commit the work sites at regular intervals and deficiencies to notify the employer or the person responsible for occupational safety and health and accident prevention , To propose measures to eliminate these shortcomings and to work towards its implementation, b) on the use of personal protective equipment to ensure that c) causes of work-related accidents and the employer to suggest measures to prevent these accidents, 4 to investigate, collect the results and to evaluate.
to ensure that all operation behave employees according to the requirements of the occupational health and safety and accident prevention, to teach in particular about the accident and health risks that they are exposed to at work and the facilities and measures to avert these dangers and to assist in the training of security officers.

§ 7 requirements for specialists for occupational safety (1) the employer shall be construed as occupational safety specialists only order persons who meet the following requirements: Security engineer must have permission to run the occupation of engineer and have the security technical expertise needed to carry out the tasks entrusted to it. The safety technician or master must have the security technical expertise required to carry out the tasks entrusted to it.
(2) the competent authority may allow in individual cases, that where a security engineer who is entitled to lead the occupation of engineer, someone may be ordered, which has appropriate expertise to carry out the tasks arising from article 6.
Fourth section common rules article 8 independence in applying the technical qualification (1) occupational physicians and occupational safety specialists are free to instruction in applying their occupational health and safety expertise. You should not be disadvantaged because of the fulfilment of the tasks assigned to them. Occupational physicians are subject to only their medical consciences and have to observe the rules of medical confidentiality.
(2) occupational physicians and specialists for occupational safety, or if several occupational physicians or occupational safety specialists are appointed to operate, the senior occupational physician and the senior specialist for occupational safety, are subject to the head of the operation immediately.
(3) can occupational physicians or specialists for occupational safety through an occupational health or safety measure proposed by them do not agree with the head of the operation, they may present their proposal the employer immediately and, if this is a legal person, submit to the competent Member of the institution appointed to the legal representative. A senior occupational physician or a senior occupational safety specialist is appointed, for a company or a company proposal entitled to it pursuant to sentence 1. Against the employer or the competent Member of the institution appointed to the legal representative, is the proposal in writing to inform the proposer and justified; the Council receives a copy.

Article 9 cooperation with the Works Council (1) the occupational physicians and occupational safety specialists have to cooperate in carrying out their tasks with the Works Council.
(2) the occupational physicians and occupational safety specialists have to inform the Works Council on important matters of occupational health and safety and accident prevention; they have to tell him the contents of a proposal, they make the employer according to § 8 para 3. You have to give the Works Council at his request in matters of occupational health and safety and accident prevention.
(3) the occupational physicians and occupational safety specialists are to be ordered with the consent of the Works Council and to dismiss. The same applies if their tasks are to be expanded or restricted; In addition, article 87 in conjunction with article 76 of the works Constitution Act applies. Before the obligation or dispensation of a freelance doctor, a freelance specialist for occupational safety or inter-company service, the Works Council is to hear.

§ 10 cooperation of the occupational physicians and occupational safety specialists the occupational physicians and occupational safety specialists have to cooperate in the performance of their duties. This includes in particular, to carry out joint plant inspections. Occupational physicians and occupational safety specialists work together of health and environmental protection authorised persons in carrying out their tasks with the others in the running for the technical safety matters.

§ 11 health and safety Committee as far as nothing else is determined in other legislation, has employers in companies with more than twenty employees to set up a health and safety Committee; in determining the number of employees, part-time employees with a regular working week of no more than 20 hours with 0.5 and not more than 30 hours with 0.75 are taken into account. This Committee consists of: the employer or one of his officers, two of the Works Council certain works Council members, occupational physicians, specialists for occupational safety and security officer § 22 of the seventh book of the social code.
The health and safety Committee has the task to advise concern occupational health and safety and accident prevention. The occupational safety and Health Committee shall meet at least once every three months.

§ 12 official orders (1) that competent authority may in some cases arrange, which measures the employer to comply with the obligations arising from this Act and the regulations closer to determine the legal obligations and accident prevention regulations, particularly with regard to the purchase order by company physicians and specialists for occupational safety, has to meet.
(2) the competent authority has, before making an order, 1 to hear the employer and the Works Council and to discuss what measures appear appropriate and 2 to provide the competent institution of the statutory accident insurance, to participate in the discussion with the employer, and to comment on the arrangement made by the authority in view of them.
(3) the competent authority has the employer to carry out the order to set a reasonable time limit.
(4) the competent authority has to inform the Works Council about an arrangement made to the employer in writing.

§ Has 13 information and visiting rights (1) the employer shall grant the competent authority at its request the information necessary for the implementation of the Act. He can refuse the information on such questions, whose answer himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences.
(2) the representative of the competent authority shall be entitled to enter the workplace during the usual hours of operation and work and visit; outside this period or if the work sites are in an apartment, they may be entered only for the prevention of urgent threats to public safety and order and visited. The fundamental right of inviolability of the home (article 13 of the Basic Law) is limited in this respect.

§ 14 authorization to adopt legal regulations (1) the Federal Ministry of labour and Social Affairs may with the consent of the Federal Council by regulation determine what measures the employer to comply with the obligations deriving from this law has to meet. As far as the statutory accident insurance institutions are empowered to determine the legal obligations by accident prevention regulations, the Federal Ministry of labour and Social Affairs of the authorization makes use only once within a reasonable period set by him the statutory accident insurance carrier has not adopted an appropriate accident prevention regulation or an accident prevention regulation has become inadequate does not change.
(2) (dropped out) article 15 authorisation to adopt general administrative provisions the Federal Ministry of labour and Social Affairs shall with the consent of the Federal Council general administrative regulations to this law and the regulations issued on the basis of the law.

§ 16 public administration in administrations and enterprises federal, the States, the municipalities and other bodies, institutions and foundations under public law is to ensure the principles of this law equivalent occupational health and safety protection of work.

Article 17 non-application of Act (1) this law is not to apply, as far as workers in the household are employed.
(2) as far as the maritime labour code and other legislation in the field of maritime transport are equivalent regulations, these regulations apply to crew members on Kauffahrteischiffen under the German flag. As far as this law on the maritime industry is not applicable, details is governed by Legislative Decree.
(3) as far as the mining law contains this Act equivalent rules, these rules shall apply. In addition, this law applies.

§ 18 exceptions that competent authority may allow the employer to purchase also such occupational physicians and occupational safety specialists, which does not yet have the required expertise in the sense of § 4 or § 7 have, the employer is obliged to properly training the occupational physician or specialist for occupational safety within a set time limit.

§ 19 industry-wide services
The obligation of the employer to appoint occupational physicians and occupational safety specialists, can be fulfilled also by the fact that the employer obliged to fulfil the tasks § 3 and § 6 an inter-company service by occupational physicians or specialists for occupational safety.

Article 20 any person are offences (1), who intentionally or negligently contravenes 1 an enforceable order according to article 12, paragraph 1, a source of information not, not properly or not fully granted 2. contrary to section 13, paragraph 1, sentence 1 or 3. contrary to section 13, paragraph 2, sentence 1 does not tolerate a visit.
(2) a misdemeanor can no. 1 referred to in paragraph 1 with a fine up to twenty-five thousand euros, an offence referred to in paragraph 1 Nos. 2 and 3 with a fine are punishable up to five hundred euros.

This law applies Article 21 - article 22 Berlin clause in accordance with § 13 ABS. 1 of the third of transfer Act of January 4, 1952 (Bundesgesetzbl. I p. 1) also in the Federal State of Berlin. Regulations, which are adopted on the basis of this Act, apply in the Federal State of Berlin according to § 14 of the third of transfer Act.

Article 23 entry into force (1) this Act, except section 14 and section 21, into force on the first day of the twelfth calendar month following on the announcement. section 14 and section 21 come into force on the day after the promulgation of the law.
(2) footnote § 23 para 1 sentence 1 & 2: IdF d. § 70 no. 3 G v. 12.4.1976 I 965 mWv 1.5.1976, italicizing words annex EV excerpt from EinigVtr annex I Chapter VIII functional area B of section III (BGBl. II, 1990, 889, 1029)-requirements for the joined area (article 3 EinigVtr)-section III federal law in the area with the following stipulations referred to in article 3 of the Treaty enter into force :
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12 legislation of occupational physicians, safety engineers, and other professionals for work safety of December 12, 1973 (BGBl. I S. 1885), as amended by section 70 of the Act of 12 April 1976 (BGBl. I p. 965), with the following stipulations: a) the obligation of the employer pursuant to article 2 shall be considered fulfilled, when the occupational health tasks are carried out by an occupational health care establishment. (The letter b) and d) are to be applied.
(b) the employer may see the expertise as a company doctor according to § 4, as demonstrated in occupational medicine or industrial hygiene specialists and specialists with State recognition as an occupational physician.
(c) the employer can look at the expertise as a specialist for occupational safety pursuant to § 7 as proven professionals who have a higher education, technical, or master qualification and appropriate practical experience for at least two years have exercised one of training and can demonstrate training as a professional engineer or professional economist for occupational safety and health, occupational safety and health inspector or safety engineer or engineer for fire protection or purchase of the approved additional qualification in health and occupational safety inspectors or an appropriate training in the field of occupational hygiene. Occupational safety specialists also met the requirements if they for at least two years were active before the entry into force of this law in the field of work safety.
d) for the determination of the operating time of the occupational physicians, the following minimum values to be based are: aa) 0.25 hours / employee x year for companies with minor hazards, bb) 0.6 hours / employee x year for businesses, in which an occupational making is because special work difficulties exist or is to prevent specific diseases or special work-related hazards for the workers or third parties exist, cc) 1.2 hours per employed x year for businesses , where these occupational health examinations at annual or shorter time intervals must be made.
The usage time calculated on the basis of the minimum values is increasing if the scope of the occupational health examinations carried out by the operating doctor is above average or in law enforcement additional tasks in the operation are to solve.
s) for the determination of the operating time of the occupational safety specialists, the following minimum values to be based are: aa) 0.2 hours / employee x year for companies with minor hazards, bb) 1.5 hours / employee x year for businesses with medium risks, cc) 3.0 hours / employee x year for operations with high risks, dd) 4.0 hours per employed x year for operations with high risks.
The usage time calculated on the basis of the minimum values is to increase the level of difficulty of the arbeitssicherheitlichen task or the scope of the tasks of the technical industrial hygiene is above average or additional tasks, E.g. in the areas of fire or radiation, to solve.
f) is the employer member of accident insurance institutions and this issued accident prevention regulations in accordance with article 14, paragraph 1, to take the place of the provisions in the letter b) to e) the corresponding provisions of the accident prevention regulations. The required vocational skills can be viewed still as proven, if the requirements of the letters b) and c) are met.
(g) for the public service of the countries referred to in article 1 of the Treaty and the land of Berlin for the part in which the basic law has not had the policy of the Federal Minister of the Interior for the occupational health and safety services in the Administration and operations of the Federal Government by January 28, 1978 is competent Ministers until the adoption of appropriate rules for the public service (GMBl. pp. 114 et seq.) to apply.
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