(in German)

According to section 3 para. 1 of the German Federal Law on Health and Safety at the Workplace (ArbSchG), the employer has to take all necessary measures to provide for the health and safety of the employees at work. To be able to comply with these duties under the ArbSchG, the employer needs information on the physical abilities and body measurements of his or her employees. At the same time, the employer also has to respect the principles of data reduction and data economy (cf. section 3a of the Federal Data Protection Act - BDSG), in particular when he processes sensitive data concerning the employees' health.

The employer is caught between a rock and a hard place: On the one hand, he risks violating the ArbSchG if he does not collect all necessary information to sufficiently protect his or her employee. On the other hand, all processing of data must comply with the provisions of the BDSG and the Federal Anti-Discrimination Act (AGG).

This paper presents a comprehensive analysis of the different legislative instruments. It indicates possible solutions to reconcile the conflicting requirements of the rules on data protection, health and safety, and anti-discrimination laws. In our view, it has become apparent that there is no hierarchy between those conflicting duties; hence it is necessary to find a proportionate and practical balance between all interests involved.

The report is structured as follows: The legal requirements of the different laws on health and safety at the workplace are described in the first chapter. This is contrasted with the employer's duties under the data protection law and the principle of non-discrimination in chapters 2 and 3. In a fourth chapter, deficiencies of the current legal regime are pointed out as well as the need for reform of the national law in order to bring it in line with requirements of EU law. In the final chapter, the results of this analysis are summarized in the form of practical guidelines.

Please download the complete report "Ergonomics in the triangle of occupational health, data protection and anti-discrimination requirementsh" (in German only).