New requirements for the project manager regarding occupational health care

Dr. Petra Kauch

From March 1, 2021, a new requirement will also apply with regard to occupational health care, which the project manager must comply with.

For example, the language of the requirements of Section 27 Paragraph 1 No. 6 GenTSV relating to occupational health care has been changed. According to this, the PL is responsible for the implementation of occupational health care. Previously, it was stated at this point that the project manager was responsible for initiating occupational health examinations. The change in wording represents a shift from an activity-related "initiation" to a results-oriented "implementation." This means that in future, the project manager will not only have to initiate occupational health examinations, for example, in the human resources department. Rather, under the term "implementation," they will also have to monitor this department to ensure that it, in turn, has fulfilled its obligation to initiate occupational health care for employees. How this should be done appropriately in practice – also in compliance with the General Data Protection Regulation (GDPR) – is questionable. If employees are informed of upcoming preventive medical examinations by the HR department via email, the PL could be CC'd to provide evidence of the HR department's implementation. Otherwise, the PL will regularly have to obtain written confirmation that the HR department initiated the invitation to the employees. Whether there have actually been any failures in arranging preventive occupational health checkups in the past, and whether a tightening of this requirement was therefore necessary, cannot be verified using statistical data available on the official websites of the district governments/regional councils.

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