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First Ordinance Amending the Corona Occupational Health and Safety Ordinance
The SARS-CoV-2 Occupational Health and Safety Ordinance (Corona-ArbSchV) was limited in its version of 21 January 2021 until 15.03.2021. Due to the continuing high incidence of infection and the more infectious virus mutations, the occupational health and safety regulations already in force were supplemented on 11 March 2021. The amended version came into force on 15 March 2021 and is valid until 30 April 2021.
In addition to editorial clarifications, the additions include, above all, the necessary preparation of an operational hygiene concept based on a risk assessment and the SARS-CoV-2 occupational health and safety rules, in which the infection protection measures required at the workplace are defined, as stipulated in the new §3. Industry solutions of the accident insurance companies can be used for this purpose. These guidelines must be observed especially after the lifting of infection control-related prohibitions or restrictions. The hygiene concept must be available and the employees must be informed about it.
In the former § 3, now § 4, the title "Mouth-nose protection" is supplemented by the term "respiratory protection". The basic requirement that this mouth-nose protection corresponds to protection level FFP2 or comparable or medical products is weakened, but the area of application is extended under § 4 paragraph 1 no. 3 to routes to and from the workplace in buildings.
The need to use qualified masks with the function of self-protection must be examined in the risk assessment. Especially for activities with hazards due to increased aerosol emission or in case of contact with persons who do not have to wear mouth-nose protection, this must be provided.
For operational gatherings that cannot be avoided through the use of information technology, further measures according to the hygiene concept are now listed in addition to ventilation concepts and suitable partitions. For example, if rooms are used by several people at the same time, suitable protective measures for employees are now required if the area per person falls below 10 m². In addition to ventilation and partitions, the obligation to wear mouth-nose protection or respirators and other measures according to the hygiene concept are now explicitly mentioned.
The measures, especially on home office, have proven successful and should be maintained.
To the website of the Federal Ministry of Labour and Social Affairs: https://www.bmas.de/DE/Corona/Fragen-und-Antworten/Fragen-und-Antworten-ASVO/faq-corona-asvo.html
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