From today on, employers must offer corona tests to all employees who are not in the home office. Who receives test offers and how often? And: does the staff have to be tested? Answers to important questions. In Germany, employers must now offer their employees corona tests. The federal government decided to do this in the form of an amendment to the existing SARS-CoV-2 occupational health and safety ordinance.
What are employers now obliged to do?
All employees who do not work exclusively at home must be offered a corona test in their companies on a regular basis. The ordinance of the Federal Ministry of Labor enables self-tests as well as quick tests in which trained personnel take a smear. It is only stipulated that the tests must be used to directly detect the pathogen of the coronavirus.
How often do tests have to be offered?
As a rule, employees who do not work in the home office must be offered at least one corona test per calendar week according to the regulation. Two test offers per week are expressly required for groups with an increased risk of infection. This affects, among other things, staff with many personal customer contacts, employees who are housed in shared accommodation, as well as employees who perform body-friendly services – for example in cosmetic studios and massage parlors.
Is there a test requirement for the staff?
No. It is a test offer obligation for employers. In principle, employees are free to accept these offers or not. The Federal Ministry of Labor argues that the legal hurdles for compulsory testing are too high. “The obligation to cooperate of employees in occupational safety would not cover such a test obligation,” said a ministry spokesman. However, the federal government has called for employers to take advantage of the test offers.
How do the companies have to implement the obligation?
The employers must make the tests available and document that they have purchased the tests or offer appropriate test capacities. However, you do not have to document that your employees make use of them. It is therefore actually sufficient to send self-tests home to employees or to make self-tests available to everyone in the company.
Who pays for the tests?
The employers have to bear the costs for the tests offered. According to its own information, the federal government expects that the test offers initially required by the end of June will cost 130 euros per employee. Companies that are particularly burdened can, however, claim the expenses as part of an application for bridging aid.
What should the tests bring?
The tests are designed to help detect corona infections in people who do not yet show any symptoms or no clear symptoms. However, a negative test result is no guarantee that the person concerned is not infected. Even if handled correctly, a negative test is “just less likely” to be contagious to others, explains the Robert Koch Institute. Against this background, the ordinance of the Federal Ministry of Labor justifies the new obligation with the aim of “reducing the operational SARS-CoV-2 infection risk”. According to the current status, negative test results are only meaningful for the current day. Therefore, even before the regulation came into force, there was criticism that one or two tests per week were not sufficient.
Why is the federal government introducing compulsory testing?
The federal government did not consider the implementation of the test offers of the companies on the basis of the voluntary commitment to be sufficient. In the debate about the implementation of the test offers in practice, the various sides cited different numbers. On April 8, the federal government published the results of a survey carried out on its behalf. It came to the result that 69 percent of the companies and around 70 percent of the employees either already received regular test offers or these should follow shortly. This proportion was well below the aforementioned target of 90 percent. Two days earlier, the major trade associations had published their own figures, according to which 80 to 90 percent of the companies were already offering tests or were preparing to do so immediately.
What criticism is there from the employer?
Leading trade associations such as the Federation of German Employers’ Associations (BDA) describe the mandatory test offers as a “declaration of mistrust towards companies”. The test requirement is criticized as “another bureaucratic burden”. In addition, various associations stated that there were problems, especially for smaller companies, in obtaining sufficient quantities of the required tests.
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