cabinet decision
Which corona rules will apply in the workplace from this Sunday
From March 20th, employers should assess the risk of the corona virus themselves and define rules for infection protection in a company hygiene concept (symbolic image)
© Christin Klose / Picture Alliance
What corona protection will still be necessary in the company in the future? Distances, masks or access rules? The cabinet decision makes employers responsible.
The corona pandemic has been rampant in Germany for more than two years. Now there is a new, far-reaching regulation: Starting next week, employers will decide for themselves about corona protection in companies in Germany. On Wednesday in Berlin, the federal cabinet passed a corresponding regulation from Federal Labor Minister Hubertus Heil (SPD). From March 20th, employers should assess the risk of the virus themselves and define measures to protect against infection in a company hygiene concept.
After the cabinet decision, Heil emphasized that the peak of the fifth wave had not yet been passed – and even then the risk of infection only slowly subsided. “The companies and their employees must therefore still take basic protective measures for a transitional period to prevent infections at work.”
Who will check the corona risk in the company in the future
Those are the employers. You should assess the risk. In doing so, they should take into account the regional infection process – and what the spatial conditions and other circumstances are like at work. The ordinance lists possible measures and stipulates that employers must check “as part of the risk assessment” whether and which of these measures are necessary to ensure the safety and health of employees at work.
What protection employers should consider
This includes the offer to take a free test every week. This also includes the reduction of operational personal contact, in particular by avoiding or reducing the simultaneous use of interior spaces by several people. They should also check whether home office is possible. They should also check the provision of protective masks. The result should then be a company hygiene concept that is to be made publicly accessible in the company.
What rules apply today
Employers are currently still obliged to offer tests in their companies at least twice a week. Where other measures do not provide sufficient protection, there is currently a mask requirement. In addition to these rules, company 3G regulations apply, according to which employees must carry proof of vaccinations, convalescence or test certificates. A home office offer is mandatory where it is possible due to the type of work.
What else does the employer have to do?
Employers have an obligation when it comes to vaccinations against Covid-19: they must continue to allow their employees to be vaccinated against Covid-19 during working hours.
How the Secretary of Labor sees things
Heil does not consider a complete omission of protective measures in the company to be appropriate. “Keeping your distance, wearing a mask and ventilating regularly have proven their worth,” says Heil. “The reduction of operational personal contacts, for example through home office and regular test offers, are sensible measures.” Everyone must act prudently and responsibly.
What is the infection situation like?
There are currently maximum values for the seven-day incidence every day – 1607 new corona infections per 100,000 inhabitants and week on Wednesday. Positive tests are most common in school children, adolescents and adults up to 34 years of age. There is a clear upward trend among older people. The main reason is the better transferrable omicron subvariant BA.2. Health authorities and clinics report a tense situation, but no overload. There are currently 2,300 corona infected people in the intensive care units. Within a day, 269 more people in Germany died with Corona.
What employers’ and trade unions’ associations say
Employer President Rainer Dulger welcomed the planned abolition of the requirements for companies: “Even after the legal 3G access regulation has been lifted and the obligation to work remotely has ceased, the economy will continue to maintain effective protective measures.”
Anja Piel from the board of directors of the German Federation of Trade Unions had previously warned: “Employers must not ignore the fact that working from home – where possible – remains a useful tool to limit contacts and thus the risk of infection.” Hans-Jürgen Urban, board member of IG Metall, said: “The new regulation must not be interpreted as if there were no longer any obligations for company corona prevention.” Employers have a duty to protect the health of employees.
From when the new Corona rules will apply
The previous measures will no longer apply on March 19th. The new rules will apply from March 20 and will initially be in effect up to and including May 25 of this year.
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