Occupational diseases

Occupational diseases are diseases that insured employees suffer as a consequence of the occupational activities they perform in the course of their jobs and that are listed in the Ordinance on Occupational Diseases (Berufskrankheiten-Verordnung, BKV). Diseases are designated as occupational diseases if medical science arrives at findings that indicate they are caused by particular work-related exposures. Certain groups of individuals are inevitably subjected to such exposures to a considerably greater extent than the general population while carrying out their jobs. It may be stipulated that diseases can only be defined as occupational diseases when they result from activities in particular hazardous areas. A list of the occupational diseases currently eligible for recognition can be found in Annex 1 to the Ordinance on Occupational Diseases. This list is promulgated by the Federal Government with the consent of the German Bundesrat.

Diseases that can be recognised as if they were occupational diseases

Should a disease not be listed as an occupational disease in Annex 1 to the Ordinance on Occupational Diseases, it may be possible in individual cases for it to be recognised as if it were an occupational disease. The legal basis for this is supplied by Section 9(2) of the Book VII of the Social Code. A disease may be treated in this way if medical science has arrived at new findings that could justify the disease’s addition to the list of occupational diseases under the above-mentioned preconditions.

This provision is mainly applied if the Federal Ministry of Labour and Social Affairs (Bundesministerium für Arbeit und Soziales, BMAS) has already published a Scientific Recommendation from the Medical Expert Advisory Committee on Occupational Diseases (Ärztlicher Sachverständigenbeirat Berufskrankheiten, ÄSVB) that argues for a new disease to be listed in Annex 1 of the BKV, but the process of adding it to the Ordinance is yet to be concluded. Until it has been listed, the disease can be recognised as an occupational disease pursuant to Section 9(2) of the Book VII of the Social Code.

 Further information and documents about occupational diseases can be found on the Documents on Individual Occupational Diseases page (in German).

How are new diseases listed as occupational diseases?

New occupational diseases are designated by the German Federal Government by means of secondary legislation that requires the consent of the German Bundesrat (first sentence of Section 9(1), Book VII of the Social Code). The German Federal Government is advised on these matters by the Medical Expert Advisory Committee on Occupational Diseases (Ärztlicher Sachverständigenbeirat Berufskrankheiten, ÄSVB), which drafts Scientific Recommendations informed by the latest research findings. These recommendations are published in the German Federal Government’s Joint Ministerial Gazette (Gemeinsames Ministerialblatt, GMBl.) and serve as the basis for decisions concerning the addition of new diseases to the list of occupational diseases (Annex 1 BKV). The Federal Ministry of Labour and Social Affairs provides extensive information about the ÄSVB, the topics on which it provides advice, and the standardised advisory process. The ÄSVB is assisted in its work by its Scientific Office, which is based at the Federal Institute for Occupational Safety and Health. The Scientific Office supports the activities of the Medical Expert Advisory Committee both organisationally and scientifically, in particular by compiling systematic reviews.

The ÄSVB’s Scientific Recommendations can be found on the page Recommendations for New Occupational Diseases (in German).