Genetic examinations and analyses for occupational health and safety

(1) In the course of occupational medical preventive examinations, neither 1. may genetic examinations or analyses be carried out, nor 2. may the notification of results of genetic examinations or analyses already carried out be required, nor may such results be accepted or used.
(2) By way of derogation from subsection (1), diagnostic genetic examinations by gene product analysis are permissible in the course of occupational medical preventive examinations, insofar as they are necessary to establish genetic characteristics that are a cause, or a contributory cause, of serious diseases or serious health disorders that may arise from employment at a particular workplace or with a particular activity. As part of occupational medical preventive examinations, genetic examinations are subordinate to other occupational health and safety measures.
(3) The Federal Government may, by statutory ordinance requiring the consent of the Bundesrat, provide that, by way of derogation from subsections (1) and (2), diagnostic genetic examinations by cytogenetic and molecular genetic analyses may be carried out, in the course of occupational medical preventive examinations, on employees engaged in particular health-endangering activities, insofar as, according to the generally recognised state of the art in science and technology, 1. genetic characteristics can thereby be established that are a cause, or a contributory cause, of particular serious diseases or serious health disorders, to be designated in the statutory ordinance, that may arise from employment at a particular workplace or with a particular activity, 2. the probability that the disease or health disorder will arise from employment at the particular workplace or with the particular activity is high, and 3. the respective genetic examination is a suitable examination method, and the one gentlest for the employee, for establishing the genetic characteristics. Subsection (2) sentence 2 applies accordingly.
(4) Sections 7 to 16 apply accordingly.