Occupational medicine: What a company doctor is allowed to do and where he has to remain silent
Created: 09/10/2022, 1:00 p.m
By: Carina Blumenroth
If you are examined by the company doctor, he is subject to confidentiality.
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Some companies have a company doctor who certifies, for example, suitability for a specific job.
But he is also subject to confidentiality.
In the context of occupational safety, company doctors play a major role. They keep an eye on occupational health protection and analyze whether people have the right prerequisites for a specific job, such as the right eyesight.
Employers are obliged to seek advice from company doctors on risk assessments relating to occupational safety and health.
However, employees need not be afraid that specific diagnoses will be communicated to their employer - because all doctors are subject to confidentiality.
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A company doctor must remain silent – details may only be passed on with permission
Some employees may assume that the company doctor is the mouthpiece for management, but from a purely legal point of view this is not true.
If the diagnoses of the employee are communicated to the management, then the medical confidentiality is broken - thus the affected company doctors are liable to prosecution.
As a result, the license to practice medicine (permit) could be revoked, imprisonment could be threatened and the injured parties (employees) could claim damages.
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Company doctors have a duty to inform the employer
However, company doctors generally have a duty to provide information to the employer.
The information may only be passed on as to whether a specific job is suitable for the employee in question.
In the case of a so-called pension certificate, the employer is given the following information, according to the specialist magazine
Haufe
:
Reason for the precaution and date of the examination
Medical assessment when further preventive care is necessary
Information on the findings or further diagnoses are subject to medical confidentiality.
This can only be overridden with the express permission of the person being examined, after which information may be shared with third parties.
Certain activities require a medical examination by a company doctor
In some occupational fields, employees must have certain skills in order to be able to perform the job.
This is the case, for example, with a crane driver - he must have good eyesight for his job and also have very good spatial perception.
This is certified by a company doctor during an aptitude or suitability examination. Prospective employees voluntarily consent to an examination and allow the doctor to inform the management of the result, otherwise the prospective employee cannot carry out the job.
The management only receives the information 'suitable' or 'not suitable'.
The reasons for the respective decision are subject to confidentiality.
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Company doctor: optional, mandatory and desired preventive care
The tasks of company doctors are divided into three different categories, which affect whether employees have to agree to a medical appointment or not.
Compulsory precaution
: is absolutely necessary, otherwise the activity can no longer be carried out
Offered
preventive care : Must be offered by the employer, employees are not obliged to take part.
Common for activities with humidity, noise or screen work.
Desired preventive care
: The employee expresses his or her wish to be examined by a company doctor to their supervisor or management.
That must be made possible.
Who bears the costs?
In principle, the employer bears the costs of going to the company doctor.
As a rule, employees are released for the company medical examination, which takes place during working hours.
The company doctor decides whether further examinations must be carried out by specialist personnel.