VDU work regulation
| Basic data | |
|---|---|
| Title: | Ordinance on safety and health protection when working on display devices |
| Short title: | VDU work regulation |
| Abbreviation: | BildarbV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Legal matter: | Administrative law , labor law |
| References : | 805-3-3 |
| Issued on: | December 4, 1996 ( Federal Law Gazette I, pp. 1841, 1843 ) |
| Entry into force on: | December 20, 1996 |
| Expiry: | December 3, 2016 (Art. 3 Regulation of November 30, 2016, Federal Law Gazette I p. 2681, 2691 ) |
| Please note the note on the applicable legal version. | |
The VDU Regulation ( BildarbV ) was a regulation on safety and health protection when working on display devices according to Article 3 of the regulation for the implementation of individual EC directives to the EC framework directive on occupational safety . The VDU Workplace Ordinance was in force in Germany from December 4, 1996 to December 3, 2016. The requirements for VDU workstations are now regulated by the appendix to the Workplace Ordinance , Section 6, Measures for the Design of VDU workstations .
The aim of the BildarbV was to regulate health protection when working on screens (in 2005 there should have been ten million jobs in Germany). What exactly was meant by a computer workstation was laid down in Section 1 of the ordinance. The ordinance did not apply to operator workstations for machines, display devices on board vehicles , data processing systems that were primarily intended for use by the public, display devices for portable use unless they were used regularly at a workplace , calculating machines , cash registers or other work equipment a small data or measured value display device, which is necessary for the immediate use of the work equipment, as well as for typewriters of classic design with a display. When assessing the classification of existing devices in the scope of the ordinance, works councils and staff councils had a right of co-determination .
According to Section 5 of the Occupational Safety and Health Act (ArbSchG), the employer is obliged to assess the hazards affecting it for each workplace ( risk assessment ) and to determine which occupational safety measures are required; He has to document this sufficiently according to § 6 ArbSchG. Of course, the employer also has these obligations for VDU workstations. Works and staff councils are to be involved in carrying out the risk assessment . According to the decision of the Federal Labor Court of June 8, 2004 - 1 ABR 13/03 - NZA 2004, 1175, the works council has the full right of co-determination under Section 87 (1) No. 7 of the Works Constitution Act (BetrVG) when determining the details of the risk assessment at workplaces , since the regulations in the Occupational Safety and Health Act are merely framework regulations that still have to be developed on site in the company. The same would have to apply to the staff council due to the almost identical provision in Section 75 (3) No. 11 of the Federal Personnel Representation Act and in the state personnel representation laws, which are also mostly identical, but the Federal Administrative Court has not yet made a decision.
According to § 6 of the VDU work regulation , examinations of the eyes and eyesight must be offered. They must be carried out by competent persons (e.g. ophthalmologists, company doctors or the occupational health service). If, according to their assessment, special visual aids are necessary, the employer must pay for them.
When working on the screen, however, not only physical stress should be avoided, but also psycho-mental stress . Section 5 of the regulation obliges the employer to organize the work of screen workers in such a way that they are regularly interrupted by other activities or breaks. When assessing the working conditions in accordance with Section 5 of the Occupational Safety and Health Act, the employer must, in accordance with Section 3, “determine and assess the safety and health conditions, particularly with regard to possible risk to eyesight and physical problems and psychological stress”.
If the employer does not comply with this and it is not a short-term violation, this will result in the nullity of the specific work instruction according to Section 134 of the German Civil Code (BGB) and at the same time lead to the termination of the employee's duty to work in the event of an existing remuneration obligation. In addition, according to Section 84 BetrVG , the employee has the option of making a formal complaint to the state supervisory authorities.
