Two assessments, two aims
Occupational health check-ups under the Ordinance on Occupational Health Care (ArbMedVV) serve the early detection and prevention of work-related illness. The result stays with the employee. The employer receives the certificate of attendance. Under § 2 (1) ArbMedVV, check-ups do not include proof of fitness for duty. A fitness-for-duty assessment, by contrast, asks whether a person can meet particular job requirements without danger to themselves, to third parties or to the safety of the company.
Permissible basis in the company
A fitness-for-duty assessment requires a legitimate, proportionate occasion that is justified by the activity, and a permissible legal basis. For operating industrial trucks, § 7 DGUV Regulation 68 (DGUV Vorschrift 68) requires suitable persons to be used. For crane operators, § 29 DGUV Regulation 52 (DGUV Vorschrift 52) does the same. However, the word “suitable” does not automatically mean that every person must be examined by a doctor. Company qualification, safety instruction and a medical fitness statement are different things. The employer decides whether a medical assessment is needed on the basis of the risk assessment. A blanket clause in the employment contract or a consent obtained as a formality does not replace this check. DGUV Information 250-010 describes the legal limits.
Content of the assessment
For driving, control and monitoring activities, the assessment follows the DGUV recommendation E FSÜ (formerly G 25): vision including twilight vision and visual field, hearing, balance, ability to react and concentrate, cardiovascular system, and illnesses that can cause sudden loss of consciousness. The recommendation is a professional guide, not a legal provision. Separate recommendations apply to work with a risk of falling (E ABS, formerly G 41) and to wearers of respiratory protective equipment (E ASG, formerly G 26). For respiratory protection, the check-up occasions in the Annex to the ArbMedVV apply in addition. The type and scope of the examination depend on the specific activity and indication.
Result and data protection
For an assessment that was permissibly requested, the employer receives the fitness statement, where applicable with conditions such as eyewear or a restriction to certain equipment, and the date of the next assessment. Diagnoses and measured values stay in the medical records. Passing them on is governed by data protection law and medical confidentiality and must be limited to what is necessary. For operational reasons, a check-up and a fitness-for-duty assessment can take place at one appointment, but they are documented and certified separately. § 3 (3) ArbMedVV requires that the different purposes remain recognisable to the employee. The article Mandatory, offered and on-request check-ups describes which types of check-up exist and what they certify.
Repetition
A DGUV recommendation does not create a statutory repeat deadline. Whether and at what intervals a new assessment takes place is decided by the employer on the basis of the risk assessment and the basis of the assessment. The recommendations give guide values for this, which depend on age and findings. Safety instruction, safe work equipment and deployment organisation continue regardless. For industrial trucks and cranes, the article Forklifts and cranes: checking fitness for duty describes the company side.
In practice
One example of a condition is eyewear. Even someone who needs no eyewear in everyday life may fall short of the requirements for visual acuity and twilight vision for driving industrial trucks. Questions about medication that affects the ability to react are clarified in the consultation and do not appear in the notification to the employer. We carry out group appointments for fitness-for-duty assessments at your company. We arrange on-site appointments with companies in the Ingolstadt, Munich and Upper Bavaria area. Consultations and meetings are possible nationwide by video.