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Pre-Employment Examination, or Works-Doctor’s Examination

Definition, Explanation

After having applied for a job, in many companies the candidates are requested to undergo pre-employment examinations, before the employment contract is made. For some professions, this is even compulsory by regulations of law or of professional associations. It may be a specially provided medical examination, or the applicant is just requested to hand in a medical certificate. Cases in which a works doctor’s examination is compulsory are:

• for juveniles, below the age of 18, according to § 32, youth employment protection law
• when the job involves hazardous substances or radiation, e.g. for X-ray radiographic personnel
• for jobs holding special responsibility for others, e.g. pilots, bus drivers, train drivers, medics
• for clerk recruiting, even for probation

The doctor to attend cannot be dictated by the employer. The doctor must, however, know about the requirements in the job to be filled so that he can assess physical aptitude. Therefore, recommendations usually are to attend a works doctor.

Goal of an examination:

• Employers want healthy employees
• Check whether the applicant may cope with the requirements of the job, as for the physical
• Rule out hazards for the worker and for colleagues (also hazards of contagion)
• Rule out inability to work for the next 6 months

Contents of an examination:

• Body examination: heart, lung, liver
• Blood pressure, pulse
• Laboratory test of blood and urine, for detecting inflammation, diabetes or liver diseases
• Testing of vision and maybe hearing
• NOT:
  • HIV-examination
  • Test for drug abuse
  • Test for alcohol consumption
  • Genetic examinations
  • Questions about pregnancy or a pregnancy test
  • Questions about prior diseases
  • Questions about parents’ or ancestors’ diseases
  • Questions about personal habits, behaviour etc. that have nothing to do with the occupation

The doctor is obliged to secrecy. Statements towards the employer must not include anything else than an overall judgement of “apt”, “limitedly apt” or “not apt”. The doctor must not disclose any facts about diagnoses, progressions of diseases, children’s diseases, pregnancy – violating which will make him prosecutable. Results and diagnoses remain at the doctor’s. They are not to be added to the personnel file. Exception: Approval to comprehensive disclosing of diagnostic results has been given.

One distinguishes pre-employment examinations and occupational-medical preventive check-ups. Preventive check-ups are done in order to protect the employees from health hazards and physiological stress in workplace.

The works council has no right of co-determination about compulsory pre-employment examinations. In case of voluntary examinations, however, results have to be conveyed to the works council. Also, general criteria for recruitment have to be assented by the works council – they may well refuse to do so, for some e.g. for the criterion of adiposis.

Tips, Checklist

• Do not refuse to attend the medical examination service your potential employer. The medical service is independent, an expert for the workplace-specifics, and knows the jobs in question. If you refuse, and attend another doctor, you risk not to be employed
• Your assent is needed in order to perform any occupational-medical examination on you
• Costs for the examination are carried by the employer. If you insist on attending another doctor then you carry the costs yourself
• It is not advised to argue, in the job interview, that certain questions are “not allowed”. This might make you fail to be employed. Therefore, in such cases, you are legally “licensed to lie”
• Legal action against a pre-employment examination normally does not pay off, since any compensable damage is hard to prove

Last update: 08/03/2010