GERMANY: 2 new diseases on the list of occupational diseases

Hip osteoarthritis due to heavy lifting and lung cancer due to passive smoking will be included in the list of occupational diseases. This follows an amendment to the Ordinance on Occupational Diseases (OD) which will come into force on 1 August 2021.

The following conditions must be met:

For osteoarthritis of the hip (BK-Nr. 2116):

• the symptoms correspond to the diagnosis of “coxarthrosis” in the sense of the scientific justification;
• the person suffering from the disease has handled loads of at least 20 kg at least ten times a day during his or her working life;
• the total weight of the loads carried during his or her working life is at least 9,500 tonnes.

For lung cancer due to passive smoking (BK-Nr. 4116):

• the symptoms correspond to the diagnosis of “lung cancer” ;
• the victim has been intensively exposed to passive smoking at his/her workplace for many years;
• the victim has never smoked or at most the equivalent of 400 cigarettes. A conversion is made for cigars, cigarillos and other tobacco products according to their composition to calculate their equivalence to cigarettes.

These two diseases could already be compensated under the occupational injuries insurance, in accordance with § 9, paragraph 2, of Book VI of the Social Code. Their inclusion in the list of occupational diseases is based on the scientific recommendations of the Medical Commission for Occupational Diseases of the Federal Ministry of Labour and Social Affairs.

Source (in German)