AschG amendment to allow occupational medical assistance

Apr 1, 2022 Benn-Ibler Rechtsanwälte

The Federal Ministry of Labour (Bundesministerium für Arbeit, BMA) has submitted a draft amendment to the Occupational Safety and Health Act (ArbeitnehmerInnenschutzgesetz, ASchG) for assessment. This is intended to counter the Austria-wide shortage of occupational physicians (Arbeitsmediziner, AMED) by introducing the occupational medical specialist assistance (arbeitsmedizinische Fachassistenz, AFA).

Companies are obliged to carry out preventive work in occupational medicine. However, there are not enough AMEDs either for companies or for the prevention centres set up by the accident insurance institution for small companies. The amendment makes it possible for AFAs to support them.

For small enterprises with up to 10 employees, the inspection of workplaces (especially occupational health care of office workplaces) can be carried out by an AFA from the second inspection onwards (Section 78a para 2a ASchG). The first inspection must still be carried out by an AMED.

In larger companies with more than 50 employees, at least the prevention period (Sec. 82a ASchG) must be fulfilled. Of this, at least 35% of the occupational health prevention time must be provided by AMED. However, as these are often difficult to find, the work of sufficiently qualified AFAs can in future be included in the occupational health prevention time by up to 30%. However, this is only possible if they perform one of the activities listed in Sec. 82 ASchG (Sec. 82c para 3 ASchG).

AFAs must have at least two years of professional experience in a health profession and have completed at least 208 hours of training as an occupational medical specialist assistant (Sec. 82c para 1 ASchG). Health professions are defined as senior nursing, psychotherapy, occupational therapy, logopaedics, phoniatrics, audiology and orthopaedics (Sec. 82c para 2 ASchG).

Corresponding amendments are to be made to the Labour Constitution Act (Arbeitsverfassungsgesetz, ArbVG) and the Labour Contract Law Amendment Act (Arbeitsvertragsrechts-Anpassungsgesetz, AVRAG).

The review period expired on March 10, 2022. A government bill can therefore be expected in the near future.

Evaluation draft, BMA (03.02.2022)