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

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

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

Non-official table of contents

ASiG

Date of delivery: 12.12.1973

Full quote:

" Law on occupational physicians, Safety engineers and other occupational safety experts from 12. December 1973 (BGBl. 1885), as last amended by Article 3 (5) of the Law of 20. April 2013 (BGBl. I p. 868) "

:Last modified by Art. 3 (5) G v. 20.4.2013 I 868

See Notes

Footnote

(+ + + Text credits: 1.5.1976 + + +)
(+ + + measures) for more information on the stand. on the basis of EinigVtr, see ASiG Appendix EV + + +)

unofficial table of contents

input formula

The Bundestag, with the consent of the The following law was adopted by the Federal Council:

First Section

Non-official Table of contents

§ 1 Principle

The employer must appoint occupational physicians and occupational health workers in accordance with the provisions of this law. They should support him in the field of occupational safety and health and accident prevention. The aim is to ensure that
1.
rules on occupational health and safety and accident prevention special operating conditions,
2.
assured occupational health and safety findings to improve the Occupational safety and accident prevention,
3.
The measures used for occupational safety and health protection and accident prevention are as high as possible

Second Section
Operations Physicians

Non-official table of contents

§ 2 Order of occupational physicians

(1) The employer has to order company doctors in writing and to transfer them to the tasks mentioned in § 3, insofar as this is necessary with regard to
1.
the mode of operation and the related accident and related accidents Health hazards,
2.
the number of workers employed and the composition of the workforce, and
3.
the company organization, especially with regard to the number and type of persons responsible for occupational safety and accident prevention.
(2) The employer has to ensure that the occupational physicians 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 shall enable the occupational physicians to provide the training necessary for the performance of their duties, taking into account the operational needs. 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 employed as an employee, he shall be exempted from the performance of the duties assigned to him for the period of further training. Non-official table of contents

§ 3 Tasks of the occupational physicians

(1) The occupational physicians are responsible for the employer's job protection and at the workplace. To support accident prevention in all aspects of health protection. In particular, you have
1.
the employer and the otherwise for occupational health and safety and accident prevention advising persons responsible, in particular
a)
the planning, execution and maintenance of plant 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 agents,
d)
occupational physiology, work psychology and other ergonomic as well as work-hygiene questions, especially
the work rhythm, working time and the pausal control, the design of the workplaces, the Work flow and work environment
e)
the organization of the "First Help" in operation,
f)
Issues of job change as well as the integration and reintegration of disabled people in the work process,
g)
the assessment of working conditions
2.
to investigate workers, occupational health and to assess and evaluate the results of the study,
3.
to monitor the implementation of occupational safety and health and accident prevention and in the context of
a)
to commit the workplaces at regular intervals and to determine To inform the employer or the person otherwise responsible for occupational safety and accident prevention, to propose measures to remedy these deficiencies and to encourage them to implement them,
b)
to pay attention to the use of body protection products,
c)
causes of work-related diseases examine, assess and evaluate the results of the investigation and propose measures to 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 at work, and on the To teach facilities and measures to avert these hazards and to participate in the deployment planning and training of the helpers in "First Aid" and the medical aid worker.
(2) The occupational physicians have at the worker's request to be informed of the result of occupational medical examinations; § 8 (1) sentence 3 shall remain unaffected.(3) The duties of occupational physicians do not include checking workers ' health reports for their entitlement. Non-official table of contents

§ 4 Requirements for occupational physicians

The employer may only order persons who are entitled to the to perform a medical profession, and who have the necessary medical expertise to carry out the tasks assigned to them.

Third section
Health and safety specialists

unofficial table of contents

§ 5 Order of labor security professionals

(1) The employer has professionals for Occupational safety (safety engineers, technicians, masters) to order in writing and to transfer to them the tasks specified in § 6, as far as this is necessary with regard to
1.
the mode of operation and the related accident and related accidents Health hazards,
2.
the number of employees employed and the composition of the workforce,
3.
the organization's organization, especially with regard to the number and type of people responsible for occupational safety and accident prevention,
4.
the knowledge and training of the employer or the persons responsible according to § 13 (1), No. 1, 2 or 3 of the Work Protection Act in matters of occupational safety and health.
(2) The employer must 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 shall enable the occupational safety professionals to provide the training required to carry out their duties, 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 working person. The cost of training is borne by the employer. If the skilled worker is not employed as a worker 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. Non-official table of contents

§ 6 Tasks of occupational health workers

The job security professionals are responsible for the job, the employer in the field of occupational safety and accident prevention in all aspects of occupational safety, including the organisation of work in a humane manner. In particular, you have
1.
the employer and the otherwise for occupational health and safety and accident prevention advising persons responsible, in particular
a)
the planning, execution and maintenance of plant 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 agents,
d)
design jobs, working environment, working environment and other issues of ergonomics,
e)
the assessment of working conditions
2.
the operating systems and the technical work equipment, especially before they are put into operation and working procedures, especially prior to their introduction to safety. check,
3.
to monitor the implementation of occupational safety and accident prevention and in relation to
a)
to commit the workplaces at regular intervals and to find defects to the employer or to the employer to communicate to the person responsible for occupational safety and accident prevention, to propose measures for the elimination of these deficiencies and to act on their implementation,
b)
to pay attention to the use of the bodily preservatives,
c)
To investigate the causes of work accidents that To identify and evaluate findings and to propose to the employer measures to prevent these accidents at
,
4.
to work to ensure that: all persons employed in the establishment behave in accordance with the requirements of occupational safety and health, in particular those relating to the accident and health hazards to which they are exposed to work, and also to the facilities and facilities; and Measures to avert these dangers and to assist in the training of security officers.
Non-official table of contents

§ 7 Requirements for occupational safety and health professionals

(1) The employer may, as a worker for occupational safety, only order persons who meet the following requirements: the safety engineer must be entitled to use the professional title In order to carry out the tasks entrusted to him or her, he/she shall have the necessary safety technical expertise to perform the tasks assigned to him. The safety engineer or master must have the necessary safety technical expertise to perform the tasks assigned to him.(2) The competent authority may, on a case-by-case basis, authorise the appointment of a safety engineer who is entitled to carry out the professional title of engineer, who shall be entitled to perform the tasks arising out of Section 6 above

Fourth Section
Common Rules

Non-tampering Table of contents

§ 8 Independence on the application of the technical customer

(1) Occudoctors and specialists in occupational safety are free of instructions in the application of their occupational health and safety-related technical knowledge. 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 observe the rules of medical confidentiality.(2) occupational physicians and specialists in occupational safety or, if several occupational physicians or occupational safety specialists are appointed for a holding, the senior occupational physician and the senior specialist in occupational safety shall be subject to the following: directly to the head of the establishment.(3) If occupational physicians or occupational safety experts are not able to communicate with the head of the establishment on a work-medical or safety measure proposed by them, they may directly submit their proposal to the Employers and, if this is a legal person, submit 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 receive a copy. Non-official table of contents

§ 9 Co-operation with the works council

(1) The occupational physicians and the occupational safety experts have at the time of the To cooperate with the works council in carrying out its tasks.(2) The occupational physicians and the occupational safety experts shall inform the works council on important matters of occupational safety and accident prevention; they shall inform him of the content of a proposal which they shall submit pursuant to Article 8 (3) of the Directive. the employer. You have to advise the works council on its request in matters of occupational safety and health and accident prevention.(3) The occupational physicians and specialists for occupational safety shall be ordered and recalled with the consent 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 overoperating service. Non-official table of contents

§ 10 Cooperation of occupational physicians and occupational health workers

The occupational physicians and the skilled workers for Work safety has 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. Non-official table of contents

§ 11 Labour Protection Committee

Unless otherwise specified in any other law, the employer has To form a Labour Protection Committee with more than 20 employees; in the determination of the number of employees, parttime employees with a regular weekly working time of not more than 20 hours are 0.5 and not more than 30 hours with 0.75. This committee shall be composed of:
the employer or one of the representatives appointed by the employer, two of the Works council appointed members of the works council, occupational physicians, occupational safety officers and safety officers in accordance with § 22 of the Seventh Book of Social Code.
The Labour Protection Committee has the task of protecting workers and workers. of accident prevention. The Labour Protection Committee shall meet at least once a quarter. Non-official table of contents

§ 12 Government orders

(1) The competent authority may order in individual cases what measures the employer has to take in order to: Fulfilment of the obligations arising from this Act and the legal regulations and accident prevention regulations which determine the statutory obligations, in particular with regard to the appointment of occupational physicians and specialists for work safety, to be met.(2) The competent authority shall, before making an order,
1.
the employer and the works council to discuss and discuss with them what measures appear to be appropriate and to give
2.
the competent institution of the statutory accident insurance scheme the opportunity to take part in the
() The competent authority must 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 to be taken by the employer. Non-official table of contents

§ 13 Right-to-visit and survey rights

(1) The employer shall have the competent authority at the request of the competent authority. To provide the necessary information for the implementation of the law. He may refuse to reply to such questions, the answers to which he himself or one of the members of the civil procedure referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure of the risk of criminal prosecution or of proceedings under the law on It would be subject to mismanagement.(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 period, or if the workplaces are located in an apartment, they shall be entitled to: shall be entered and visited only for the prevention of urgent threats to public safety and order. The fundamental right of the inviolability of the apartment (Article 13 of the Basic Law) is restricted to this extent. Non-official table of contents

§ 14 authorization to decree legal orders

(1) The Federal Ministry of Labour and Social Affairs may with the consent of The Federal Council shall determine, by means of a regulation, what measures the employer has to take in order to comply with 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. has not issued a corresponding accident prevention provision within a reasonable period of time set by the institution of the statutory accident insurance, or does not change an accident prevention provision which has become insufficiently developed.(2) (omitted) unofficial table of contents

§ 15 empowerment of the general administrative provisions

The Federal Ministry of Labour and Social legislation, 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. Non-official table of contents

§ 16 Public administration

In administrations and enterprises of the federal government, the Länder, the municipalities and the rest of the world. Bodies, institutions and foundations of public law must be guaranteed the principles of this law of equivalent occupational health and safety occupational health and safety. Non-official table of contents

§ 17 Non-application of the law

(1) This law is not applicable to the extent to which employees are employed in the household .(2) In so far as equivalent arrangements are contained in the Maritime Labour Act and other provisions in the field of maritime shipping, these rules shall apply to crew members on the German flag on the carriage of a carriage. As far as this law is not applicable to sea shipping, the further details of the law are governed by the law.(3) In so far as the Bergrecht contains equivalent provisions to this Act, those rules shall apply. In other respects, this law applies. Non-official table of contents

§ 18 Exceptions

The competent authority may allow the employer, including such occupational physicians and professionals, to: To order occupational safety, which do not yet have the necessary specialist knowledge within the meaning of § 4 or § 7, if the employer undertakes to, within a period to be determined, be the occupational physician or the specialist for occupational safety shall be continued accordingly. Non-official table of contents

§ 19 Overwork services

The employer's obligation to work with occupational physicians and occupational health workers , can also be satisfied by the fact that the employer is obliged to carry out an over-operating service of occupational physicians or specialists in occupational safety in order to carry out the tasks according to § 3 or § 6. Non-official table of contents

§ 20 Administrative Offences

(1) Contrary to the law, who intentionally or negligently
1.
is an enforceable arrangement in accordance with § 12 para. 1,
2.
contrary to § 13 para. 1 sentence 1, an information is not, not correct or not completely given, or
3.
contrary to § 13 para. 2 sentence 1, a visit is not tolerated.
(2) An administrative offence under paragraph 1 (1) may be subject to a fine of up to twenty-five thousand euros, a the undue nature of the provisions of paragraph 1 (2) and (3) shall be punishable by a fine of up to five hundred euro. Nonofficial table of contents

§ 21

- unofficial Table of contents

§ 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. Non-official table of contents

§ 23 Entry into force

(1) This law, except for § 14 and § 21, occurs on the first day of the announcement following the announcement. twelfth calendar month in force. § 14 and § 21 shall enter into force on the day following the proclamation of the law.(2)

Footnote

§ 23 (1) sentence 1 and 2: IdF d. § 70 N ° 3 G v. 12.4.1976 I 965 mWv 1.5.1976, italic print subject-free Non-official table of contents

Annex EV extract from EinigVtr Annex I, Chapter VIII, Sachgebiet B Section III
(BGBl. II 1990, 889, 1029)
-measures for the territory that has been enclosed (Art. 3 Pur.Vtr)-

Section III
Federal law shall enter into force in the area referred to in Article 3 of the Treaty with the following measures:
...
12.
Law on occupational physicians, safety engineers, and other occupational safety professionals from 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 care tasks are performed by an institution of occupational health care. The letters (b) and (d) are to be applied.
b)
The employer may consider the specialist as an occupational physician in accordance with § 4 as proven by medical specialists in occupational medicine or Occupational hygiene and medical specialists with state recognition as occupational physician.
c)
The employer can be the specialist for occupational safety in accordance with § 7 as Proof of evidence of professional staff who have a high school, technical or master qualification and who have been in practical training for at least two years, and who have been trained as a technical engineer or Specialist economist for occupational safety and health inspectors or safety engineer or technical engineer for fire protection or the acquisition of the recognised additional qualification in health and safety inspectors for safety inspectors or a corresponding Training in the field of work hygiene can be demonstrated. Occupational safety professionals also meet the requirements if they have worked 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 are to be used to determine the time of use of the occupational physicians:
aa)
0, 25 hours/employee x year for small-risk businesses,
bb)
0.6 Hours/employees 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 employees or third parties,
cc)
1.2 hours/employees x year for establishments in which these occupational medical examinations are carried out in an annual or shorter period of time. The
intervals
on the basis of the minimum values shall be increased if the amount of the occupational medical examinations to be carried out by the occupational physician is above average or in the range of: Enforcement of legislation additional tasks to be solved in operation.
e)
The following are the following: The following are the following: Minimum values to be used:
aa)
0.2 hours/employee x year for small businesses with small Hazards,
bb)
1.5 hours/employee x year for medium-risk businesses,
cc)
3, 0 hours/employee x year for high-risk businesses,
dd)
4.0 hours/employee x Year for establishments 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 Occupational hygiene is above average high or additional tasks, e.g. for the areas of fire or radiation protection, are to be solved.
f)
If the employer is Member of an accident insurance carrier and has adopted this accident prevention regulations in accordance with Section 14 (1), the provisions of the accident prevention regulations shall be replaced by the provisions of points (b) to (e). The required specialist may continue to be regarded as proven if the requirements of subparagraphs (b) and (c) are met.
g)
For the public The 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 is until the adoption of the relevant provisions by the ministers responsible for the civil service of the Länder. Directive of the Federal Minister of the Interior for the occupational health and safety service in the administrations and companies of the Federal Republic of Germany of the 28th January 1978 (GMBl. 114 ff.)