Eurofound's ERM database on restructuring-related legal regulations provides
information on regulations in the Member States of the European Union and Norway
which are explicitly or implicitly linked to anticipating and managing change.
Austria: Health monitoring of workers affected by restructuring
Phase
Health and Safety at Work Act (ASchG)
Native name
ArbeitnehmerInnenschutzgesetz (ASchG)
Type
Health monitoring of workers affected by restructuring
Added to database
08 May 2015
Article
4, 5, 81
Description
According to general employee protection rules, the employer has to consult a specialised medical doctor on questions concerning health and safety, working conditions and design of work organisation. If needed, additional experts have to be consulted, for example in the case of (ASchG, §81):
planning work places,
acquiring or changing work equipment,
introduction or change of work procedures and introduction of working material,
job rotation, or
regarding psychological issues related to work rhythm, working time or design of work places.
The results of such evaluations have to be summarised in written safety and health protection documents, to be made accessible to the works council in order to inform staff. The employer has to offer workers the opportunity to regularly undergo a health monitoring on demand of the worker.
The recent amendment to the ASchG is now intended to create the legal basis for supporting AMED through the use of occupational medical assistants (occupational medical assistants - AFA) without compromising the quality of care.
Commentary
The ASchG does not explicitly refer to cases of restructuring. However, the cases (§81) are defined in a broader sense and therefore can also be applicable for cases of restructuring (e.g. planning work places or job rotation is relevant for business expansions; the consequences of changes in work place design might be relevant in organisational restructuring).
Additional metadata
Cost covered by
Employer
Involved actors other than national government
Works council
Other
Involvement (others)
Medical doctors, experts
Thresholds
Affected employees: No, applicable in all circumstances Company size: No, applicable in all circumstances Additional information: No, applicable in all circumstances
Sources
DG Employment, Social Affairs and Equal Opportunities/Héra (2011), Selected companies’ legal obligations regarding restructuring
Eurofound (2015), Austria: Health monitoring of workers affected by restructuring, Restructuring legislation database, Dublin,
https://apps.eurofound.europa.eu/legislationdb/health-monitoring-of-workers-affected-by-restructuring/austria
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