Can a doctor work consistently

Loss of authorization for preventive occupational medical examinations in accordance with the law on hazardous substances - consequences for doctors

With the amendment of the GefStoffV (Article 1), the Biological Agents Ordinance (BioStoffV) (Article 8) and the Genetic Engineering Safety Ordinance (GenTSV) (Article 13), the appointment of doctors who are allowed to carry out preventive occupational medical examinations has fundamentally changed.

Section 15 (3) GefStoffV states:

"The employer must ensure that the occupational medical check-ups are carried out by commissioning a doctor. He may only commission doctors who are specialists in occupational medicine or who have the additional designation of occupational medicine. The commissioned doctor has doctors for occupational health check-ups that require special expertise or special equipment to be consulted who meet these requirements. "

As a result of this legal regulation, previous authorizations on the basis of these ordinances for the performance of preventive medical examinations for doctors are no longer applicable. Transitional regulations are not provided by the legislature. However, in accordance with Section 20 of the GefStoffV, the competent authority can grant exceptions to the regulations in individual cases upon written application by the employer if the implementation of the regulations represents a disproportionate hardship. In addition, individual solutions are being sought in the federal states of Bavaria, Saxony and Schleswig-Holstein in order to avoid cases of hardship for a transitional period.

So far, the following regulation according to §§ 3, 6 accident prevention regulation "Company doctors and specialists for occupational safety (BGV A2)" of the main association of commercial trade associations has been based on the granting of "occupational medical expertise" by the regional medical associations. In the application of this provision, however, is indicated by the above. new legal regulation intervened.

§ 3 Occupational medicine expertise

The entrepreneur can take the necessary occupational medical knowledge as given in the case of doctors who can prove that they are entitled to

  1. the area designation "occupational medicine"
    or
  2. the additional designation "industrial medicine"

respectively.

§ 6 Transitional Provisions

(1) Notwithstanding § 3, the entrepreneur can assume that doctors have the necessary specialist knowledge if they

  1. Have a certificate from the responsible medical association that you worked in a clinical or outpatient clinic for one year before January 1, 1985 and participated in an introductory course in occupational medicine
    and
  2. a) Up to December 31, 1985, a company doctor had worked for at least 500 hours within one year
    or
    b) have completed a three-month course on occupational medicine by December 31, 1987
    and
    provide a certificate issued by the competent medical association about the requirements according to number 2 letters a) or b).

The certificate from the responsible medical association must have been issued before December 31, 1996.

(2) The entrepreneur can also consider the necessary specialist knowledge to be given in the case of doctors during their further training to acquire the additional designation "company medicine" in the required at least two years of continuous regular activity, if they can prove by a certificate issued by the competent medical association that they are already

  1. a clinical or polyclinical activity prescribed in the further training regulations
    and
  2. at least one third of the three-month theoretical course on occupational medicine

have completed. This only applies if it is guaranteed that the theoretical course according to number 2 will be completed within two years of the order. Evidence must be provided to the entrepreneur.

These variants of occupational medicine expertise listed in §§ 3, 6 of the accident prevention regulation "Company doctors and specialists for occupational safety (BGV A2)" reflect the current conditions of the state medical associations for granting occupational medicine expertise, but since statutory regulations are to be applied with priority, are according to the current one From January 1, 2005, only doctors who can provide evidence of the field designation "occupational medicine" or the additional designation "industrial medicine" are entitled to carry out preventive occupational medical examinations in accordance with GefStoffV, BioStoffV and GenTSV. All other doctors, including doctors with other forms of occupational medicine, are no longer allowed to perform examinations in accordance with the GefStoffV (Section 15), the BioStoffV (Section 15) and the GenTSV (Appendix VI).

This can mean that those doctors who, according to § 6 Paragraph 2 of the Accident Prevention Regulation "company doctors" are in the two-year continuous activity, can no longer carry out sufficient preventive medical examinations, with the consequence that they meet the requirements for receiving the additional designation "company medicine "can no longer meet. This must be taken into account if this qualification path is chosen at this point in time - if this is still legally possible.

In addition, those doctors who already have the occupational medical qualifications in accordance with Section 6 (1) of the "Company Doctors" accident prevention regulations are no longer allowed to carry out preventive occupational medical examinations in accordance with the GefStoffV, the BioStoffV and the GenTSV.

In addition to the above Doctors with occupational health qualifications have so far also been trained by the authorities to be specialists without occupational health qualifications, such as B. pulmonologists, dermatologists, ear, nose and throat specialists authorized. These authorizations also do not apply. According to Section 15, Paragraph 3, Clause 3 of the GefStoffV, however, the appointed doctor must call in doctors who meet these requirements for preventive occupational medical examinations that require special expertise or special equipment. In the future, the specialists for organ diseases will no longer be called in directly through authorizations, but within the framework of consultations.

The new GefStoffV can be viewed on the Internet at www.gesetze-im-internet.de/gefstoffv_2010/.