Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. The Committee notes the information provided in the Government’s report and the attached legislation.

2. Article 2. National policy. The Committee notes with interest the adoption of the Accident Prevention Regulations “Company doctors and occupational safety and health specialists” (BGV A 2) establishing the possibility for small enterprises (employing less than ten workers) to provide occupational health services under the Safety at Work Act by applying either the standard health service provision or an entrepreneur model. It further notes the Government’s statement that it is currently revising the legislation applicable to larger enterprises and that it estimates this to be terminated by the end of 2008. The Committee requests the Government to continue to provide information on legislative measures taken or envisaged to ensure the application of the Convention and to provide copies of legislative enactments.

3. Article 5. The functions of the occupational health services. With reference to its previous comments concerning the extent to which certain functions enumerated in this Article could be have been exempted by an order issued by the Federal Minister of Labour, the Committee notes with interest that section 14, subsection of the ASiG has been repealed and that section 3 of the AsiG, section 23 of the BGV A 2 provide detailed regulations on the functions of occupational health services. The Committee requests the Government to provide additional information in its next report on the practical application of the functions of the occupational health services.

4. Article 7, paragraph 2. Organization of occupational health services. With respect to its previous comments concerning the manner on how employers may organize their occupational health services under section 19 of the AsiG, the Committee notes that, under section 24 of Book VII of the Social Code (SGB VII), the accident prevention and insurance associations, Berufsgenossenschaften (BG), can establish inter-enterprise occupational health services and can issue detailed regulations. It notes that the occupational health services shall be separate from the organizational units of the accident prevention and insurance associations as regards their organization, location and staff, and that these regulations may provide that an employer failing to appoint a company doctor or a safety specialist, or fails to do so within a specific time period, may be obliged to join an inter-enterprise occupational health service. The Committee requests the Government to provide additional information in its next report on the practical application of these inter-enterprise occupational health services, for example, the number of services in existence and the number of workers covered by them.

5. Article 8. Cooperation between the employer, the workers and their representatives. The Committee notes the Government’s statement with respect to the cooperation and participation in undertakings employing less than 20 workers, that BGV A 2 provides that employers must inform the workers of the type of occupational health service provided and the name of the contact persons. It further notes that section 89 of the Works Constitution Act provides for close cooperation between the works council and the employer and authorities responsible for OSH in all matters related to OSH and accident prevention. The Committee notes that work councils are normally set up in workplaces with five or more permanent workers eligible to vote. The Committee requests the Government to provide further information on the cooperation between the employer, the workers and their representatives in enterprises with less than five permanent workers.

6. Article 11. Qualifications of the occupational health services personnel. The Committee notes with interest the information provided by the Government that the authorization of not fully qualified company doctors and occupational safety experts under section 18 of the ASiG will only be granted if the employer undertakes to have the person concerned undergo further training within a specified time limit as a mandatory prerequisite for obtaining an authorization.

7. Article 12. Surveillance of workers’ health. The Committee notes that the Government omits to provide any information with respect to its previous comments concerning that the surveillance of workers’ health should take place as far as possible during working hours. The Committee therefore reiterates its previous requests and asks the Government to provide information in its next report on measures taken or envisaged to ensure that medical surveillance of workers’ health takes place a far as possible during working hours.

8. Part VI of the report form. Labour inspections. The Committee notes the Government’s statement that the implementation of the ASiG is the responsibility of OSH offices of Länder, whereas the implementation of the accident prevention regulations is the responsibility of the technical inspection services of the BG. The Committee requests the Government to provide additional information in its next report on measures taken by the offices of Länder and the technical inspection services of the BG to ensure the application of the Convention, including the number of inspections carried out, their findings, the number of workers covered by the legislation, disaggregated by gender if available.