3G in the workplace: when? How many tests? Who is paying?

Baden-Württemberg – The new Infection Protection Act provides for 3G in the workplace. Only: How often are corona tests necessary – and who has to pay for them?

On Friday morning (November 19), the representations of the federal states in the Bundesrat approve the amendment to the Infection Protection Act, which was passed in the Bundestag the day before *. The amendment to the law had become necessary because the previously applicable regulations on the “epidemic situation” expire on November 25th. So this week the new law will come into force . It is then initially valid until March 19 of the coming year – but an extension of up to three months is possible.

The new regulations contain measures under labor law and occupational health and safety law. These include, for example, the reintroduction of the home office requirement, and the 3G rule at work from now on *. Unless they have been vaccinated against SARS-CoV-2 or have recovered from SARS-CoV-2, employees must be able to present a valid corona test. Naturally, this gives rise to some organizational questions that are not always easy to answer. In fact, the mandatory test does not apply across the board to all workplaces. The decisive factor is whether employees could theoretically have physical contact with employees or customers at their workplace.

Corona tests for workers: antigen and PCR

“The possibility of physical contact exists if meeting other people in the workplace cannot be ruled out, even if there is no direct physical contact.” This can be found in the Federal Ministry of Labor and Social Affairs. Employees and employers themselves are only allowed to enter a workplace if they have valid proof with them that proves the status of recovered, vaccinated or tested (3G proof). This obligation to provide evidence also applies to employees who cannot be vaccinated for medical reasons.

Basically, only so-called antigen or PCR tests apply to prove a negative result. The test samples must therefore be taken “under supervision” in appropriate centers, in pharmacies or medical practices. Since a prescription from mid-November, at least the antigen tests are free again *. Since then, all citizens have been entitled to a free test at least once a week . At least one test. In fact, no more precise information is given here – on the one hand, it simply depends on local capacities. Wherever test capacities are available, everyone can be tested. Apart from that, there is also no register of who was tested, when and where, so tracking is not possible anyway.

3G at work: Employees must provide evidence

The wording “under supervision” is decisive. Simple quick tests for at home, such as those available in drugstores, are therefore not permitted for proof. There are also differences in the period of validity: antigen tests, for example from a rapid test center, are “only” valid for 24 hours. In contrast, PCR tests carried out by a laboratory are valid for 48 hours. The latter are correspondingly more expensive – and also have to be paid for out of pocket.

In addition, employees – if the contingents for free tests have been used up – have to pay for the costs of proof themselves. Because it is they who are required to provide evidence. However, the law obliges employers to provide unvaccinated employees with at least two free tests per week, regardless of the additional rapid tests financed by the federal government. And that also makes sense, because conversely, you have a duty to monitor compliance with the 3G rule among your employees. And not randomly, but daily and completely. Both employees and employers commit an administrative offense if they fail to fulfill their respective obligations – and in extreme cases this can be fined up to 25,000 euros. (mko) * HEIDELBERG24 is an offer from IPPEN.MEDIA

List of rubric lists: © dpa / Matthias Balk