Patients should be effectively protected against viral infections (hepatitis, HIV) transmitted by infected healthcare workers in the healthcare services. At the workplace, frequently the occupational physician is the first person the infected healthcare worker approaches and asks for advice. Occupational physicians are, however, responsible for health and safety at work and not for protecting the patient. Nevertheless, they have to act in the well-being of the patient, in particular if the infected healthcare worker insists on professional discretion. In Germany, no guidelines have been issued for the protection of patients based on a scientific and legal consensus which could serve as a guide to occupational physicians, infected healthcare workers and employers. Nevertheless, various recommendations have been published by scientific institutions. These should already give sufficient guidance for rational measures to be drawn up enabling infected healthcare workers to hold their profession and employers to carry out their fiduciary duty in accordance with labour laws. Unfortunately, the persons in charge more often decide on an irrational and emotional basis, leading to job discrimination and injustice against healthcare workers. In fact, for most healthcare workers this results in a restriction of their professional status, and for some of them it even means being banned from their profession. A directive from the legislator is urgently needed.
