Das Hautarztverfahren nach Aufhebung des Unterlassungszwangs im Berufskrankheitenrecht

Occupational disease (German: Berufskrankheit, BK) No. 5101 was previously defined as a “serious or recurrent skin disease that has forced a person to refrain from all activities that were or could be the cause of the development, aggravation or recurrence of the disease”. In a far-reaching reform of the occupational disease law, which came into force on 01 January 2021, the German legislature decided to abolish the “obligation to refrain” as a prerequisite for the recognition of an occupational disease. To avoid this “obligation to refrain” was the motivation to introduce the “dermatologist’s procedure” in 1972. The prevention instruments established in this procedure (dermatological treatment, workplace sanitation, skin protection measures, health education) were successful in the majority of cases. While the abolition of the “obligation to refrain” will, on the one hand, facilitate the recognition of serious or recurrent skin diseases as occupational diseases, the “dermatologist’s procedure” will, however, continue to be important for occupational skin diseases, especially cases of hand eczema, which primarily do not meet the criteria of severity and/or recurrence and which can be controlled by appropriate treatment and prevention measures. In order to avoid delays in secondary prevention when notifying an occupational disease, a supplementary dermatological report to the disease notification should provide accident insurance carriers with the information necessary for timely prevention measures and dermatological treatment. An indication for the severity of the skin disease might be the success or failure of the “dermatologist’s procedure”.