Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Occupational Health Services Convention, 1985 (No. 161) - Germany (Ratification: 1994)

Other comments on C161

Direct Request

2016
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The Committee notes the observations of the German Confederation of Trade Unions (DGB), received on 4 September 2015.

Article 2 of the Convention. National policy. With reference to its previous comment concerning the reform of the provisions on standard occupational health services (OHS) provisions for larger enterprises, the Committee notes that new accident prevention regulations entitled “Occupational Physicians and OSH Professionals” (DGUV Regulation 2) entered into force on 1 January 2011. The Government reports that one of the main objectives of DGUV Regulation 2 is to optimize the standard supervision provided by occupational physicians and occupational safety and health (OSH) professionals for larger enterprises employing more than ten workers. Moreover, the reformed regulation constitutes a joint accident prevention regulation for both industry and public sector occupational accident insurance schemes in Germany. The Government adds that the supervisory bodies of the occupational accident insurance institutions provide support for enterprises and public administrations in the practical implementation of DGUV Regulation 2. The Committee notes this information.

Article 5. The functions of occupational health services. The Committee notes the information provided by the Government in response to its previous comment regarding the functions of OHS required by the national legal framework. The Committee notes that, in addition to a non-exhaustive list of OHS functions prescribed in section 3 of the OSH Act (ASiG), DGUV Regulation 2 contains detailed provisions on the scope of the supervision to be provided, composed of basic and company-specific supervision, which includes the provision of support for risk assessments, the investigation of accidents, fundamental work-design activities and the action taken to address company-specific accident and health hazards. The Committee requests the Government to provide further information on the practical application of the OHS functions set out under section 3 of the ASiG and DGUV Regulation 2.

Application in practice. The Committee notes the indication by the DGB that there is an estimated shortfall of 4.7 million hours per annum of health-care provision, according to a 2014 study by the Federal Institute for Occupational Safety and Health, and that it is likely to increase to 6.8 million hours per annum over the next ten years due to the shortfall in occupational health physicians. The Committee requests the Government to provide its comments on this subject.