Health and Safety Guide 10 Rules for Coronavirus Protection in the Workplace

The danger has not passed: While the vaccination campaign in Germany has clearly gained momentum—nearly 30 percent of the population has now received at least one dose—and it appears that the third wave has been broken,  But the pandemic has not yet been defeated. The risk of contracting the coronavirus remains high in Germany, and there is still a danger of contracting the respiratory disease COVID-19, even in the workplace.

Protective measures are and will remain essential. Everywhere—in every company across the country—employees must be protected from infection. It is fundamental to effectively minimize the risk of infection—and to protect the health of employees as best as possible.

It is clear that employers have a duty: By law, they are responsible for protecting health in the workplace. According to Section 3(3) of the Occupational Safety and Health Act (ArbSchG), the employer bears the costs for all occupational safety and health measures.

However, this does not mean that the works council has no role to play in this matter. On the contrary: the works council must be involved in planning and implementing these measures. The works council has the right to take the initiative and should exercise it. To ensure the safety of employees, it must agree with the employer on protective measures to prevent COVID-19. The best approach here is to assess hazards and implement measures in accordance with the Occupational Safety and Health Act (ArbSchG).

To support works councils in exercising their rights to co-determination, IG Metall has already published a document outlining the 10 most important measures. In addition, it has issued the “Coronavirus Prevention Action Guide” and updates it regularly.

It is not possible to make a blanket statement about which specific precautions must be taken—this is determined by assessing the hazards present on-site. One thing is clear, however: Only a combination of measures can guarantee effective protection against infection. It is also important to note that technical measures always take precedence over organizational ones, which in turn take precedence over personal measures (the “TOP principle”).

The need to ensure effective protection against infection naturally applies even if there is no works council at the workplace. In this case, employees should advocate for the protection of their health: Section 81(3) of the Works Constitution Act refers to employees’ right to be consulted. This applies to all measures concerning occupational safety and health. In addition , Section 17(2) of the Occupational Safety and Health Act provides for a right to file a complaint in the event of deficiencies in preventive measures. If the employer fails to remedy these deficiencies, employees may contact the competent authority, namely the State Office of Labor Safety and Health or the Office for Occupational Safety and Health.

10 Measures to Protect Against the Coronavirus in the Workplace (PDF, 3 pages)

IG Metall’s Guide to Coronavirus Protection in the Workplace – for Works Councils (PDF, 34 pages)

Note: We have previously published this article. We have updated the content.