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Outdoor job: does the employer have to pay for the sunscreen?

2022-05-23T10:17:25.285Z


Anyone who works outside is exposed to an increased risk of skin cancer. Sun protection measures are therefore important. But does the employer have to take care of that?


Anyone who works outside is exposed to an increased risk of skin cancer.

Sun protection measures are therefore important.

But does the employer have to take care of that?

Whether on construction sites, in the swimming pool or as a landscape gardener: Especially in spring and summer,

employees

who work outdoors

are exposed to a high UV index.

You should protect yourself as best you can from the effects of the sun on your skin.

But who actually has to worry about UV protective clothing and sunscreen?

"Occupational safety is an employer matter," says Peter Meyer, a specialist lawyer for labor law in Berlin.

This can be derived from paragraph 618 of the German Civil Code - according to which the employer must install hazard protection at the workplace to prevent employees from becoming ill.

"The employer bears the costs," says Meyer.

Outdoor job: entitled to sun protection?

In principle, this principle also applies to sun protection.

Employees are entitled to this, says the specialist lawyer – provided they work outdoors.

Peter Meyer is a specialist lawyer for labor law and a member of the executive committee of the labor law working group in the German Bar Association (DAV).

Peter Meyer

The subject of sun protection then has several levels.

"As an employer, you have to provide information about skin protection and offer preventive measures," says Meyer.

This could include skin cancer screening for employees as an occupational medical examination that is billed to the employer.

Employer must offer sun protection measures

In addition, the so-called

TOP principle applies

: the abbreviation stands for the order in which protective measures must be taken: first technical, then organizational, then personal.

In concrete terms, this means that the

employer

must first take care of technical

sun

protection measures .

"For example, UV-resistant tarpaulins under which road construction workers work," says Meyer.

At the organizational level, measures to

protect against UV radiation

can include , for example, not working outdoors between 12 p.m. and 3 p.m. on days when the UV index exceeds certain values.

Instead, the

working

hours are shifted to the morning or evening hours when the UV radiation is lower.

"But that's not always feasible," says Meyer.

The employer bears the costs for UV protective clothing

That leaves the personal protective measures

: This includes, for example, that the employer provides sunscreen with a high sun protection factor and takes care of UV protection work clothing for the employees.

This can also include gloves, sunglasses, helmets with neck protection or special functional shirts.

"The employer bears the costs," says Meyer.

You can also find out here what rights employees have in relation to their vacation.

dpa/ahu

Source: merkur

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