Germany: New SARS-CoV-2 occupational health and safety regulations

The German Federal Ministry of Labour and Social Affairs (BMAS) has released new SARS-CoV-2 occupational health and safety regulations (so far only available in German here). Employers in Germany will have to comply with these regulations which are expected to enter into force on 20 August 2020. The new occupational health and safety regulations further specify additional occupational health and safety measures required for protection against infections at the workplace during the period of the COVID-19 pandemic.

The measures address all areas of economic life and aim at reducing the risk of infection for employees and to prevent new infections in everyday working life. Keeping distance, hygiene measures and wearing nose-mouth-masks remain the most important instruments for this purpose. Employers will have to comply with increased occupational safety and health requirements which are being imposed on specific economic areas and groups of employees:

• Under German law, employers are obliged to carry out a so-called risk assessment (Gefährdungsbeurteilung) in regular intervals. Against the background of the new occupational health and safety regulations, employers are now required to re-examine the risk assessment and the measures specified and update them if necessary. The situation of those working from home should also be taken into account. Mental stress factors are to be included in the assessment, and arrangements should also be made with regard to working hours and availability.

• With regard to work in the office, the occupational health and safety regulations contain very detailed and technical rules on the set-up of workplaces and common areas, the use of common areas and work equipment, frequency and duration of ventilation of the premises as well as access to the company sites by outside individuals. Employees must be provided with preventive occupational health care, also with regard to mobile working.

• In addition, the occupational health and safety rules clearly state that the employer may not collect data from employees on individual hazard characteristics for occupational health and safety reasons, even for activities with a high risk exposure.

The occupational health and safety rule applies as long as the epidemic persists at a national level. Companies must implement the technical, organisational and personal protection measures in order to ensure their legal compliance.