3.2.10 Company medical examination

1 Aim and purpose

These procedural instructions regulate the performance of company medical examinations in the HOSPITAL.
The aim is to determine whether the person's state of health is

- their health is not jeopardised by the activity to be performed,

- is able to carry out the work required by the employment contract and - does not jeopardise the health of others.

2 Application

These procedural instructions apply to all persons working at the HOSPITAL, regardless of whether they are employed by the HOSPITAL or not.

3 Description of the procedure

3.1 Company medical examination

on the basis of a service or employment relationship established with the HOSPITAL
The performance of company medical examinations of persons who work at the HOSPITAL on the basis of a service or employment relationship is governed by the provisions of collective agreements or civil service law (cf. § 7 MTV Angestellte, § 10 MTV Arbeiter II, Bundesbeamtengesetz, Hamburgisches Beamtengesetz).

3.1.1 Recruitment survey

Initial occupational health examination
If an applicant is to be employed at the HOSPITAL, he/she must prove his/her health suitability (state of health and ability to work) by means of a company medical examination before starting work.
The examination order for the company medical examination is issued in writing by the HR department.
The employment contract with an applicant will only be concluded upon presentation of the examination results from the company medical examination centre of the HOSPITAL. No conditional contract will be concluded.
The applicant is not permitted to work at the HOSPITAL without submitting the results of the company medical examination and concluding the employment contract.
This must be ensured by the head of department in cooperation with the respective supervisor of the clinic/institute by taking appropriate precautions.
The recruitment examination / initial occupational health examination should be carried out three to twelve weeks before the intended date of employment and combines the aspects of the recruitment examination provided for in the collective agreement with the contents of the initial occupational health examination if the intended activity makes this necessary due to certain exposures.

3.1.2 Occupational health follow-up examinations

Employees of the HOSPITAL who are exposed to particular health hazards must be examined at regular intervals by the company medical examination centre, especially if they are exposed to a risk of infection or radiation exposure in the course of their work or are involved in genetic engineering work.
The intervals at which the regular examinations take place depend on the extent of the risk to the employee(s) and the nature of the respective activity and are determined by the relevant laws, ordinances and accident prevention regulations (see Section 7.1 "Other applicable documents").
If the risk changes due to the relocation of employees or similar, the employees must be re-examined by the company medical examination centre.

3.1.3 Occupational health follow-up examinations

At the request of the employee According to the Occupational Safety and Health Act, this examination is available to all employees on request, especially if a causal connection between health complaints and the activity at the workplace is suspected.

3.1.4 Occupational health examinations

These serve to reintegrate employees who are returning to work after a long period of incapacity for work or disability. Reference is also made to the procedural instructions. "Procedures for the reintegration of doctors into medical patient care after prolonged incapacity for work" (PER05..., still in draft form).

3.1.5 Investigations of employees who have undergone a change in performance

with regard to adequate labour input
In accordance with Section 3 of the Occupational Safety Act (ASiG), the company medical examination centre at the KRANKENHAUS advises the employer on the deployment or change of job of employees whose performance is impaired due to health problems. For this purpose, an examination may be necessary to clarify the current performance capability with the creation of an activity profile for a performance- and health-adequate assignment.

3.1.6 Medical examination for a given reason

As the employer, the HOSPITAL may, if it has reason to do so, have a medical officer or the health authority determine whether the employee is fit for work or free from infectious diseases. This authorisation may not be used arbitrarily.
The reason for such an examination may arise both from the duty of care for the employee him/herself and from the obligation of the HOSPITAL to protect patients and employees from health hazards (in particular in the case of suspected diseases that could result in a ban on work or employment in accordance with the Infection Protection Act (IfSG) of 20 July 2000).

3.2 Company medical examinations

of other persons working in the KRANKEN-HAUS
Student assistants, interns, pre-preparation students, trainees, family trainees, sitting watches etc. as well as visiting doctors must also prove via the company medical examination centre that they do not suffer from infectious hepatitis B, hepatitis C or tuberculosis before commencing their work in the HOSPITAL, insofar as they have patient contact or contact with infectious material.
For this group of persons, the procedure for carrying out the recruitment examination regulated under 3.1.1. applies.
Here too, a contract is only concluded on presentation of the examination results from the company medical examination centre of the HOSPITAL. A conditional contract will not be concluded.
It is not permitted to work in the HOSPITAL without presenting the results of the company medical examination and concluding a corresponding contract.
This must be ensured by the head of department in co-operation with the head of department of the clinic/institute by taking appropriate precautions.

3.3 Medical examination of temporary workers

Prior to the deployment of a temporary worker in the HOSPITAL in the area of healthcare, the hirer must provide evidence to the respective area of deployment in accordance with the German Temporary Employment Act (AÜG) that and which certificates on occupational medical check-ups are available for the temporary worker, in particular on the risk of infection with hepatitis B, hepatitis C and tuberculosis.
If these medical certificates for the intended use of the temporary worker are missing, employment may not take place. This must be ensured by the respective head of department.

4 Responsibility, qualification

The company medical examination centre of the KRANKENHAUSlinikum Hamburg-Eppendorf is responsible for carrying out the medical examination and follow-up examinations. Exception: The company doctor of the hirer is responsible for the medical examination of temporary workers.

5 Documentation

- Risk sheet (part of the application for employment): The risk sheet becomes part of the personnel file.
It is completed by the head of department for each employee before the new hire and when changing jobs or activities and forwarded to the HR department.
Based on the information on the risk form, the HR department commissions the company medical examination centre to carry out the examination.

- Health record
The health file is kept exclusively in the company medical examination centre.
Records of occupational medical examinations are documented on the prescribed forms and stored in compliance with the Data Protection Act for at least 30 years after the last examination, but no longer than until the employee reaches the age of 75.
The retention period of 30 years after the last examination also applies beyond the age of 75 for examination documents in accordance with the X-ray and Radiation Protection Ordinance.

- Provision file
The medical check-up file contains the date and examination results of all special occupational medical examinations for each employee.
This is currently managed by the HR department.

- Recruitment" form

- Occupational health screening form (No. P 10.107a, b, c)

6 Notes and comments

7 Applicable documents

7.1 Literature, legal provisions

- Hamburg Civil Service Act (HmbBG)
- Collective labour agreement for salaried employees (MTV Angestellte)
- Collective labour agreement for blue-collar workers (MTV Arbeiter II)
Other laws, ordinances and accident prevention regulations that prescribe company medical examinations:
- Occupational Safety Act (AsiG), in particular § 3
- Occupational Health and Safety Act (ArbSchG), in particular § 11
- Youth Labour Protection Act (JArbSchG), in particular §§ 32 to 46
- Act on the Prevention and Control of Infectious Diseases in Humans (Infection Protection Act - IfSG) of 20 July 2000
- Working Hours Act (ArbZG) of 10 June 1994, in particular § 6
- Ordinance on Protection against Damage from Ionising Radiation (Radiation Protection Ordinance - StrlSchV) of 30 June 1989, as amended on 26 July 2001, in particular §§ 67, 70
- Ordinance on protection against damage caused by X-rays (X-ray Ordinance - RöV) of 8 January 1987, in particular §§ 37 ff.
- Ordinance on Protection against Hazardous Substances (Hazardous Substances Ordinance - GefStoffV), dated 15 November 1999, in particular §§ 28 ff.
- Ordinance on Safety and Health Protection at Work with Visual Display Units (Bildschirmarbeitsverordnung - BildscharbV) of 4 December 1996, in particular § 6, VA "VDU workstations
- Genetic Engineering Safety Ordinance (GenTSV) of 14 March 1993
- Ordinance on safety and health protection during activities involving biological agents (Biological Agents Ordinance - BioStoffV) of 27 January 1999, in particular § 15
- Accident prevention regulations of the employers' liability insurance associations, in particular accident prevention regulation GUV 0.6 "Occupational health care"
- Temporary Employment Act (AÜG)
- Procedural instruction "Procedure for the reintegration of doctors into medical patient care after prolonged incapacity for work"

7.2 Terms

Guest physicians are those licensed persons who work as physicians in the HOSPITAL without being in a service or employment contract relationship with the HOSPITAL that is subject to civil service law or the MTV Salaried Employees Act (as opposed to work shadowing).
Trainees are persons who, after completing their training, wish to consolidate or expand their professional knowledge, skills and experience, familiarise themselves with new working methods or facilities or operating procedures, or who wish to receive further training in a specialist area, without the work shadowing being required by law. Work shadowing does not constitute a training or employment relationship, nor is there any entitlement to remuneration or benefits in kind.

Attachments

• Company medical examination