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The Works Doctor: Duties and Responsibilities

German labour law demands every company with more than one employee to provide a works doctor who can be employed either occasionally or on a fixed employment basis, for medical consulting and treatment of the employees. His duties also include counselling and supporting the employer in matters of health and safety and accident control. Small companies collaborate with an external works doctor, whereas larger companies with thousands of employees even have complete medical departments, providing an appropriate infrastructure. The latter can have an extended range of duties including emergency doctors. Assistants to the works doctors are the staff of professional works medics and paramedics, supplying first aid.

The goals of a works doctor are

• to maintain employees’ working ability and prevent occupational diseases
• to support preventive medical care
• to help with rehabilitation
• to collaborate with family doctors
• to give personal counsel

The works doctor or medical officer of the company is to be involved in areas like:

• Hiring of new employees. An important fact to know is that the applicant, by agreeing to being medically examined, implicitely agrees that a resulting judgement is reported to the employer
• Planning of the company’s facilities
• Getting of working material, e.g. office furniture
• Working conditions. This includes equipment at workplaces, choice and handling of materials, machines, devices, facilities, also working procedures and working hours. The works doctor regularly inspects workplaces
• Choice of individual protective equipments
• Organization of first aid
• Ergonomics of workplaces
• Hygiene at workplaces
• Handling of addiction problems
• Hazard assessment
• Organized preventive medical checks. In case such are voluntary, the results are not allowed to be passed on to third parties unless a written agreement has been made. In cases of necessary or legally compulsory examinations that are decisive regarding a prohibition to be employed, information is free
• Vaccination, standard and special vaccination, travel vaccination
• Employment of disabled
• Environmental medical problems

• As a doctor, the works doctor has the professional duty to confidentiality. The employer is not allowed information of the kind and progression of a disease. Employers are only reported in how far the employee is capable of a job
• The works doctor is not responsible for verifying the justification of sick certificates
• The works doctor is no panel doctor and does not give prescriptions or certify sickness
• He has no authority to issue directives to employees (except own employees in the medical department) and is appointed by the company. Nevertheless, he is not bound to follow directives of the employer in matters of occupational medicine
• His liability is restricted to correct consulting. Realizing health and safety, however, is the employer’s responsibility
• The works council has to be involved in decisions of appointing works doctors