Do I have to go to work even if I’m afraid of getting infected?
The risk of becoming infected on the way to work is part of the general risk of life that employees must bear. Therefore, employees cannot simply stay away from work if they fear becoming infected with the coronavirus on their way there. This makes it all the more important to follow the protective measures mandated by the government, especially on public transportation—where the 1.5-meter safety distance from others usually cannot be maintained—and to wear a face mask.
Do I have to keep going to work if there has been a case of COVID-19 at my workplace?
If a case of COVID-19 has occurred at the workplace, employees may not stay away from work for that reason alone. Employees have the right to refuse to work only if it is unreasonable for them to perform their duties. This requires that the work poses a significant objective danger or that there is at least a serious and objectively justified suspicion that employees’ health is at risk due to the work.
This may not necessarily be the case if one or more colleagues have been diagnosed with COVID-19. It then depends on what additional protective measures have been implemented at the workplace. Especially if there is a suspected case at the workplace or if a suspicion has even been confirmed, the employer has heightened duties of care toward employees. It is also crucial whether it is possible to determine with whom and how many colleagues the affected employee has had contact, and whether potential routes of infection can be traced. The size of the workplace also plays a role.
If the employer fails to implement appropriate protective measures or even allows employees who may have been infected to continue working at the workplace, the employee has a right to withhold work because their health is seriously endangered. They are then not required to report to work until the employer has implemented appropriate measures.
In this case, the employee must explicitly inform the employer that they are refusing to work due to the health risk until the employer has implemented appropriate protective measures.
Do I have to tell my employer if I am a suspected case or have been infected?
In principle, an employee is not required to provide information about their illnesses to either the employer or coworkers. They are only required to notify the employer of their inability to work and the expected duration of that absence by providing a doctor’s note. However, a COVID-19 infection is subject to a mandatory reporting requirement, which the treating physician must report to the relevant public health department.
We are required to wear a mask while at work. Can wearing a mask be harmful to one’s health?
The employers’ liability insurance associations and the German Social Accident Insurance (DGUV) currently have no information indicating that wearing a non-medical mask made of fabric impairs breathing to a degree that poses a health risk or could cause so-called CO2 poisoning. On the contrary, the DGUV considers wearing an MNB to be an appropriate measure for reducing the risk of droplet transmission of SARS-CoV-2 when the minimum distance of 1.5 meters cannot be maintained. With regard to wearing time and rest periods, the DGUV recommends wearing an MNB for two hours during moderate physical work, followed by a 30-minute rest period. During the rest period, the mask should be removed; this does not refer to a work break. For light work, the wearing time may be extended to three hours.
In workplace practice, it is also often possible to remove the MNB for a short time, depending on the situation, if the minimum distance of 1.5 meters from other people can be maintained. In these cases, sufficient rest should generally already be possible. If the employer mandates the use of MNBs, they are required to take this into account in their risk assessment. In addition, the employer must provide masks to employees. Industry-specific regulations also contain further guidance on occupational safety.
I have coworkers who do not wear their masks properly or at all. What can I do?
Under the Occupational Safety and Health Act, employees are required to cooperate with occupational safety and health measures. If requests to wear a mask or sanitize hands go unheeded, the employer may not allow that employee to continue working. After all, the employer also has a duty to protect all other employees. In any case, the employee may be issued a written warning or, if necessary, terminated for cause.
Do I still have to wear a mask at work if I’ve already had COVID-19?
Based on current knowledge, it cannot be said with certainty whether one is immune after recovering from the infection. Therefore, it is both correct and important to continue adhering to the workplace safety measures and to wear a mask.
I wear glasses that always fog up because of the cold weather. Do I still have to wear a mask at work?
Yes. By the way: You can prevent your glasses from fogging up by folding the top edge of the mask inward. This traps the fine mist from your exhaled breath.
The Works Council Has a Say
If the company has a works council, it has a say in occupational health and safety matters. Metalworkers should contact their IG Metall works council if they have any questions.
