What or what does Section 6 Paragraph 3 No. 3 ArbMedVV actually regulate?
Dr. Petra Kauch
Section 6 paragraph 3 no. 3 ArbMedVV contains the so-called preventive medical certificate from a doctor for the employer in the case of an occupational health check-up.
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Section 6 (3) No. 3 of the ArbMedVV also stipulates that such a health check certificate must be issued to the employer. According to the wording, the doctor must also issue the employer a health check certificate stating when, and for what reason, an occupational health check appointment took place. This health check certificate must also contain information on when, from a medical point of view, further occupational health check-up is indicated. At first glance, this sounds like comprehensive information for the employer too. In practice, however, the employee's general right to personality in the form of the right to informational self-determination must be taken into account. This is regulated in Article 2 (1) in conjunction with Article 1 (1) of the Basic Law (GG) and means that detailed information, for example on the result and findings of the occupational health check-up or the immune status, may not be disclosed to the employer. Accordingly, the employer, or in the case of a genetic engineering facility possibly the operator, only learns that their employee actually attended the occupational health check-up, when it took place, and whether it was mandatory, optional, or voluntary. The date of the next check-up, if medically indicated, is also communicated. Since they are not informed of any further details, the employee alone bears full responsibility for protecting their own health. Of course, the employee is free to give their consent to further communications from the doctor and to provide information about their vaccination status. Only then can the employer prepare for this and ensure health protection in the laboratory for the employee as well.