(Again) New Corona Rules for Employers

Following the Ministerial Conference on 22/23 March 2021, some Federal States have adopted new regulations that are also relevant for employers. These specify, for example, the obligation to wear a mask at the workplace, to offer rapid tests and, in some cases, the obligation to work from home. Special regulations will be implemented from 31 March 2021 in Berlin, for example. As of today, in Berlin there will be an obligation to offer Corona tests to the workforce, to supervise these tests and an obligation for the employer to issue a test protocol, as well as an extensive obligation to work from home. Other Federal States are much more restrained with their regulations. Since 8 March 2021, all German citizens have the opportunity to be tested once a week free of charge at one of the many Corona Test Stations. The workforce should be encouraged to take advantage of this offer and get tested when working from the office or on the shop floor is essential.

A summary of the recent regulations of some Federal States can be found in the table below:

Federal State	Validity	Home office	Corona Tests	Mandatory Masks
Baden-Wuerttemberg	From 29.03. to 18.04.	The rules of the Corona Occupational Health and Safety Ordinance remain in force.	No obligation for employers	The rules of the Corona Occupational Health and Safety Ordinance remain in force.
Bavaria	Since 27.03.	The rules of the Corona Occupational Health and Safety Ordinance remain in force.	No obligation for employers	The rules of the Corona Occupational Health and Safety Ordinance remain in force.
Berlin	from 31.03.	Office workplaces may only be occupied up to 50% at the same time (exception: activity must be carried out in the office).	Obligation of 2 test offers per week for all employees who have to be present at the workplace Rapid test or self-test possible under supervision of the employer Obligation of the employer to provide a test protocol of the test result if requested by the employee (using a template provided by the Heath Authority is mandatory www.berlin.de/corona/media/downloads/); test protocol needs to be stored for 4 weeks	In general, obligation to wear FFP2 masks in closed rooms.
Bremen	From 27.03. to 19.04.	The rules of the Corona Occupational Health and Safety Ordinance remain in force.	Mandatory testing only in facilities according to section 23 of the German Infection Prevention Act (hospitals, doctors’ surgeries, etc.)	The rules of the Corona Occupational Health and Safety Ordinance remain in force.
Hamburg	From 29.03. to 18.04.	The rules of the Corona Occupational Health and Safety Ordinance remain in force.	No obligation for employers, Special rules apply in case of test offer for issuing, keeping and documenting in-house test certificates (§10i)	Medical mask are mandatory in all work and business premises (except at the workplace, if the minimum distance is met or single offices).
Hessen	From 29.03. to 18.04.	Recommendation for the introduction of working from home (home office/ mobile working) for all suitable work processes and services	No obligation for employers	Masks are mandatory in all work and business premises, except at the workplace, if the minimum distance of 1,5 m is met (recommendation to use medical masks as FFP2 masks or something similar)
North Rhine-Westphalia	From 29.03. to 18.04.	The rules of the Corona Occupational Health and Safety Ordinance remain in force.	No obligation for employers	Masks are mandatory in the work premises, except at the workplace, if the minimum distance of 1,5 m is met (so-called everyday masks are sufficient)