GERMANY

The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner.  Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.

1.       Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness? 

In Germany there are to date no specific guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness.

In general, a professionally acquired infection with the virus, may be recognized as an occupational disease.  The responsible accident insurance institution (e.g. professional association/Berufsgenossenschaft BG) is the decider by individual case.  Possible cases can be physicians in a hospital, ambulance/first aid staff transporting infected persons or staff working in laboratories analyzing for COVID-19.  In many professional groups, however, it may be difficult to prove a professionally acquired infection.

As part of the pandemic prevention, the employer has to assess the risk of infection of the employees based on the hazard assessment and, if necessary, define and implement occupational safety measures. The update of the hazard assessment should to be based on the national pandemic plan of the Robert Koch Institute (RKI, link see below) and also include occupational health medical support. General distance and hygiene rules, which apply in the public sector, have to be transferred to workplace conditions as far as the work activity permits.

Based on the hazard assessment, the required inspections of work equipment may be postponed or extended if the safe use of these work equipment is still guaranteed. The reasons why the inspection cannot be conducted should be documented in the hazard assessment. If specific inspection intervals are defined in  health and safety regulations, planned inspection deviations must be coordinated with the responsible authority.

2.       Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?

No COVID-19 specific requirements to date.  As with any “away from work” disease, it is the treating doctor’s decision, when a diseased worker is fit to return to work.

3.       Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business?  If so, please list them below and how long they will be in place.

  • In Germany, there is a set of binding guidelines for public and private spaces issued by the Federal government.  These are in placeuntil June 29, 2020.

  • A minimum distance of at least 1.5 meters must be kept in public from people other than their relatives.

  • Spending time in public space is only permitted on your own, with up to 10 persons os members of your own or one additional household.

  • In all federal States, a mask is mandatory in certain public areas - especially in public transport and when shopping.

  • Businesses have to develop and implement a hygiene concept based on their current risk assessment and company pandemic planning. It is important to avoid unnecessary contacts in the workforce and with customers, to comply with general hygiene measures and to minimize the risk of infection when contacts are required through special hygiene and protective measures. In addition, companies are encouraged to enable home office work wherever feasible.

  • In all federal States, a mask is mandatory in certain public areas - especially in local public transport and when shopping.

  • Businesses have to develop and implement a hygiene concept based on their current risk assessment and company pandemic planning. It is important to avoid unnecessary contacts in the workforce and with customers, to comply with general hygiene measures and to minimize the risk of infection when contacts are required through special hygiene and protective measures. In addition, companies are encouraged to enable home office work wherever feasible.

  • The re-opening (presence phase) of kindergardens, schools, libraries, archives and universities is regulated by the respective States. Hygiene and distance requirements must be met.

  • The journey to work, emergency care, shopping, doctor visits, required appointments and exams, help for other, individual sports and exercise in fresh air as well as other necessary activities are still possible.

  • Group celebrations in public places, in apartments and private facilities are regulated at the State level..  Regulatory authorities and the police monitor compliance with the rules.  Anyone who violates the contact restrictions face sanctions (potential payment of several hundred Euros).

  • Large events remain prohibited until August 31, 2020.

  • The re-opening (presence phase) of kindergardens, schools, libraries, archives and universities is regulated by the respective States. Hygiene and distance requirements must be met.

  • All shops may re-open, however under increased hygiene requirements.  Access should be controlled and lining up avoided.

  • Service providers and craftspeople can continue to work.  All healthcare facilities remain open.  However, you must observe the increased hygiene requirements.

  • Restaurants may gradually re-open. Details are regulated by the respective State.  Delivery services also continue to deliver food.

  • In service companies in the field of personal care - such as cosmetic studios, massage practices, tattoo studios and the like – where physical closeness is inevitable,  are closed.  Medically necessary treatments remain possible.

  • Hairdressers have re-opened, subject to hygiene, control of access and avoiding lining up. Personal protective equipment must be used.

  • Zoos and Botanical Garden may re-open, details are regulated on State level. The same is true for sports and training facilities.

  • Museums, exhibitions and galleries as well as memorials can be reopened under hygiene control conditions. He same is true for religious events. Details are regulated on State level.

  • In summary and additionally, the following areas are regulated at State level:

    • Lectures at universities

    • Transition of childcare to restricted regular operation

    • Adult education centers, music schools and other public and private educational institutions outside of school

    • Bars, clubs and discos

    • Tradeshows

    • Driving schools

    • Service companies in the field of personal care such as cosmetic studios, massage practices, tattoo studios and similar companies

    • Sports facilities in all public and private indoor sports facilities, swimming pools and fun pools

    • Gyms and similar establishments

    • Operation of other sports and leisure facilities and the resumption of competitive and competitive sports

    • Smaller public or private events or celebrations as well as non-festive events

    • Amusement parks and leisure activity providers (indoor and outdoo)

    • Amusement arcades, casinos, betting shops and similar establishments

  • Single Counties or even Municipalities can be beyond these rules and implement stricter requirements.  Most States have their own set of regulations (also to be found under the link below):

    Important notice regarding closing back down options: If the number of new infections remains low, the single States will independently decide on the further steps to normalize life in their region. If more than 50 new infections per 100,000 inhabitants occur in a district or an independent city within seven days, immediate regional restrictions must be implemented: https://www.bundesregierung.de/breg-de/themen/coronavirus/corona-massnahmen-1734724 under “ Wo finde ich Informationen zu den Regelungen in meinem Bundesland?” 

  • These regulations do not specifically apply for general workplaces.  Here the general employer’s duty of care applies (workplace specific hazard assessment, documented instruction for all staff, supply of required PPE, restricted access to the workplace, etc.).  Different Berufsgenossenschaften (BG) provide guidelines and sample documents (as one example, support documents by the construction BG can be found under https://www.bgbau.de/themen/sicherheit-und-gesundheit/coronavirus/#c17481)

3.       Which governmental authority issued these guidelines, and are they voluntary or mandatory?

The Government scientific institute under the Ministry of Health in Germany is the Robert-Koch-Institut: https://www.rki.de/DE/Home/homepage_node.html They are researching and publishing data related to COVID-19 and is the main consulting body to the government.

See also additional details in #6 below.

4.       Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?

Yes, according to Article 75 subsection 1 number 1, subsection 3, 4 in conjunction with Articles 32 and 28 subsection 1 sentence 2 of the Federal Infection Protection Act (Infektionsschutzgesetz), a maximum sentence of up to five years may be imposed on anyone who willfully or negligently contravenes an enforceable order in accordance with Section 11 subsection 1 and holds a non-admissible event or gathering or a meeting or gathering that is not permitted under Section 12 (1) or takes part in such an event or gathering.

Additionally (for “smaller” non-compliances), this is mainly a State matter.  There are fine catalogues in place in addition to the fines related to the Federal Infection Protection Act for most States.  Fines for different non compliances related to COVID-19 rules range from a few 100 Euros to 25,000 Euros.

Infektionsschutzgesetz (not specific for COVID-19: https://www.gesetze-im-internet.de/ifsg/

6.       Has your country adopted any laws or regulations related to COVID-19?

In Germany there are to date no specific general laws or regulations specifically related to COVID-19. Infections and epidemic occurrences in general are regulated under the Infection Protection Act (Infektionsschutzgesetz).

Infektionsschutzgesetz (not specific for COVID-19: https://www.gesetze-im-internet.de/ifsg/

The Infection Protection Act (Infektionsschutzgesetz) has been last amended with regard to COVID-19 by the “ Second Act to Protect the Population in an Epidemic Situation of National Scope” (Zweites Gesetz zum Schutz der Bevölkerung bei einer epidemischen Lage von nationaler Tragweite) implemented by May 19, 2020. Several further amendments related to COVID-19 are under preparation. New regulations relate to additional testing requirements (e.g. that tests are to be paid by the public healthcare system and not by the individual. Further requirements are among others:

  • Laboratories will also have to report negative test results.

  • In addition, health authorities must report if someone is considered cured. In future, part of the reporting scheme will also be information on where someone has probably been infected. The data is transmitted anonymously to the Robert Koch Institute (the governmental pandemic authority).

  • Personnel working in the healthcare system (nurses etc.) will receive a bonus payment (between 676 and 1,000 EUROS, free of taxes) aid by the healthcare system.

  • If an employee is entitled to reimbursement of their loss of earnings due to a quarantine order, this may in future be granted for twelve instead of three months.

The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available.  If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.

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Convergence

convergence is an environmental, health, safety and social management consultancy that specializes in multi-country (international) projects and programs.  We are able to meet our clients’ needs on a global scale while recognizing the important regional differences that our clients face in conducting business. Our country health and safety legal compliance tools for offices, retail and service sectors, known as CORE, are the foremost resource of its kind.