Aptitude tests
The aptitude examinations, also known as fitness examinations, serve to ensure whether the employee is fit for the job in terms of health before starting work. On the one hand, the aptitude test is required by law, e.g. for professional drivers, and on the other hand, an obligation may result from the risk assessment.
… for the individual determination of costs adapted to your company!
Aptitude Examinations & Law
Aptitude tests can and may be carried out under the following conditions:
- A specific legal basis or other labour law basis provides for an aptitude test before taking up the activity (e.g. professional driver, driving licence ordinance)
- The employee consents to the examination in writing
Legal basis
Aptitude tests are only permissible if they are required by a legalprovision such as the Driver’s LicenseOrdinance. Simple regulations on accident prevention are not to be regarded as a legal basis for obliging the employee to undergo an aptitude test.
The risk assessment alone is not legally sufficient to carry out an aptitude test with the employee or potential employee. However, collective bargaining agreements or company agreements can create the legal basis for aptitude tests.
Furthermore, an aptitude test is permissible if the employee agrees to it in writing.
For which activities can an aptitude test be relevant?
- Driving and steering activities
- Firefighting activities with respiratory protection
- Working with a risk of falling
Confidentiality: What is the company doctor allowed to pass on to the employer?
The company doctor is also subject to medical confidentiality with regard to the aptitude examination. Aftercompletion of the aptitude test, he may inform the employer whether the employee is suitable, limited or unsuitable. The company doctor may not provide more detailed information on the findingsunless the employee expressly agrees to this.
The company doctor carrying out the work
In order to be able to make a statement about the suitability of an employee, it is important that the doctor performing the workis well acquainted with the company in Frankfurt and the requirements placed on the employee.
An important basis for this can be the risk assessment, in which the company doctor participates and is therefore familiar with the risks of the workplace.
Differences between aptitude examination and occupational health care
Goal: the physical and mental suitability of the employee with regard to the job and whether dangers could arise for him or others
Goal: to detect and combat typical occupational diseases at an early stage
Self-protection and protection of others
Self-protection of the employee
A legal justification is required for the implementation
Only participation in the compulsory pension is required
Determination of physical and mental fitness for an activity
Early detection and prevention of diseases
brarbe helps you to carry out the ASA. In companies with more than twenty employees, the employer must form an occupational health and safety committee in accordance with § 11 ASiG. When determining the number of employees, part-time employees with a regular weekly working time of no more than 20 hours are to be taken into account at 0.5 and no more than 30 hours at 0.75. This committee is composed of:
the employer or an agent of the employer,
two works council members appointed by the works council,
Company doctors,
occupational safety and health professionals
Safety officer according to § 22 of the Seventh Book of the Social Code.
This occupational health and safety committee must take place quarterly or meet quarterly. The main purpose of the Occupational Health and Safety Committee and the quarterly meeting is to consciously and permanently keep occupational health and safety present as a topic in the company. We will be happy to help you in Frankfurt with the establishment of your occupational health and safety committee and ensure that the legally required minutes of the occupational health and safety committee or, what is really important, is that occupational health and safety and its measures can be recorded and measured and its effects can be made measurable!
About us
Brarbe is a full-service provider for all matters concerning fire protection, occupational safety, and company or occupational medicine. We offer companies and public authorities all necessary services from a single source.
Organized, straightforward, efficient, modern, and with years of cross-industry experience!
We’d be happy to help you effectively market your occupational health and safety initiatives!
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Contact us for a free, no-obligation consultation.
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