Legal Insights

3G in the workplace - what employers need to consider

The new Infection Protection Act (IfSG) has been in force in Germany since March 20. The new law gradually withdraws far-reaching restrictions on social, cultural and economic life. At the same time, there is a fundamental shift toward greater personal responsibility. Here you can find out what this means for entrepreneurs and what precautions you will have to take in the future to protect your employees.

The 3G Rule - Must I, Should I, May I?

The most recent question "Do I still have to record the 3G status of my employees?" we can clearly answer with no. With the amendment of § 28b IfSG, the previous obligation to record the 3G status at the workplace has been dropped without replacement. So there is no longer a law that directly requires you to document whether your employees have been vaccinated, recovered or tested. 

On the question of being allowed, we can give you a resounding yes: The documentation of the 3G status is not prohibited by the new law.

Therefore, you should consider sticking with 3G in the workplace for the following two reasons:

  • Within the framework of a risk assessment, you must also define measures for infection control in your company and summarise them in a hygiene concept. In order to realistically assess the risk, you need an overview of the situation in your company. In this sense, it may be useful for you to continue to record the vaccination, sero and test status.
  • Furthermore, if you continue to record the 3G status of your employees, you will be better prepared if there is another wave of infections in the fall and the 3G status recording law is reintroduced.

Solution:
With Sawayo, you are on the safe side: Digitally document the 3G status in your company and maintain an overview of the risk situation in your company at all times. If all your employees use the employee app, Sawayo automatically documents the 3G status. With the integrated validation, you can check the authenticity of tests and certificates.

In addition, inform your employees about the introduction of the 3G rule in your company with Read & Sign. At the same time, you can prove that they are aware of it.

The hygiene concept

As an employer, you must determine all the necessary measures to protect against infection in the workplace as part of a risk assessment (§§ 5,6 ArbSchG) and summarise them in a company hygiene concept.

IMPORTANT: Keep your company hygiene concept up to date and make it available to your employees in a suitable manner. This will also make it easier for the supervisory authorities to carry out inspections.

Solution:
With Sawayo Read & Sign, you can provide your employees with barrier-free information about your hygiene concept and all the necessary measures that result from it. In the event of an inspection by the supervisory authority, you can show that you have fulfilled your obligation with just one click of the mouse.

Vaccination

The vaccination support obligation

In order to reduce the risk of Corona infection in companies, you as an employer must continue to contribute to a higher willingness to vaccinate in Germany. Educate your employees about the health risks of Corona and inform them about the possibilities of vaccination. Also, allow your employees to be vaccinated during working hours.

Solution:
Digital you inform your employees about the risks of Corona and how to reduce them by vaccinating them with Sawayo Read & Sign. This way, you also reach employees in home offices and in the field and can prove that you have fulfilled your duty.

Care

Protection in care

Since 16 March, there has been a facility-based vaccination obligation in Germany. This has not changed with the new Infection Protection Act (IfSG). Since then, as an employer you have to inform the responsible health authority if your employees have not yet presented proof of vaccination or convalescence or if you doubt their authenticity.


Read in our blog article Compulsory vaccination in the health care system - where missing documentation becomes expensive everything you need to know about this topic.

Solution:
Check vaccination and recovery records efficiently and digitally with Sawayo. If all your employees use the employee app, Sawayo automatically documents the 3G status. You can check the authenticity of certificates with the integrated validation. With automatically generated lists and reminders of expiring deadlines, Sawayo gives you back time and helps you fulfill your employer obligations.

Coronatest

The test offer

As an employer, you must consider protective measures, taking into account the local infection situation and job-specific infection risks, such as spatial conditions. If your employees do not work exclusively in their homes, you can offer them a weekly antigen test free of charge. You must consider such an offer for your hygiene concept.

Solution:
Digitally inform your employees about the test offer in your company with Sawayo Read & Sign. In this way, you also reach employees who are only occasionally in the home office or in the field. You can find a sample template for the test offer in our download area.

The home office offer

With the new Infection Protection Act (IfSG), the obligation to work from home no longer applies as of 20 March. Nevertheless, you can still offer your employees to work at home. If the number of infections in your region increases or if too many people are in one room or in your company at one time, according to your hygiene concept, the home office is a good way to reduce the number of people coming into contact with each other.

Solution:
Inform your employees in writing about the home office offer - you can do this digitally with Sawayo Read & Sign. You can also use the app to ask your employees to confirm the document. You can find a sample template for the home office offer free of charge in our download area.

Masks

The provision of masks

For your hygiene concept, you must check whether it makes sense to provide medical face masks or other approved respirators, taking into account the local infection situation and your operational conditions.

Solution:
Inform your employees in writing about the provision of masks - you can do this digitally with Sawayo Read & Sign. You can also ask your employees to confirm the document via the app.

The basic protective measures

As an employer, you must implement basic protection measures to protect against infection in the workplace. This is stipulated in §2 of the revised SARS-CoV-2 Occupational Health and Safety Ordinance.

It is up to you to decide exactly which ones you would like to define in your company hygiene concept and implement in your company - depending on the local infection incidence and the activity-specific infection risks. 

However, the following basic protective measures have proven successful in the past:

  • Keep a minimum distance of 1.50 metres from other people.
  • Reduce personal contacts in the company, for example through home office.
  • Observe the hygiene rules and their implementation
  • Ventilate regularly if rooms are used by several people at the same time. This lowers the virus load.
  • Make masks compulsory wherever technical or organisational measures do not provide sufficient protection.
  • Offer regular testing to employees who do not work exclusively in a home office to reduce the risk of infection carriers in your workplace.

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December 4, 2023
By 
Bjarne Wilhelm