Masks compulsory in the workplace - what you need to know
The coronavirus is keeping us all on our toes. The obligation to wear a mask or other face covering has become the norm, especially when shopping, visiting restaurants and going to the authorities. But what about the obligation to wear a mask at work? There does not seem to be a uniform approach. While some employers stipulate a strict mask requirement for all areas of the company, employees in other companies can move around without a mask in many areas. We clarify the most important questions.
In which workplaces do you have to wear a mask?
Whether or not masks must be worn at the workplace depends on the specific individual case. The risk assessment at the workplace in question is essential for this.
Where there is no regular contact with other people, the minimum distance of 1.5 meters can be maintained without any problems or other protective devices such as separating screens are possible, it will not be necessary to wear a mask at the workplace. However, where these circumstances do not exist, the employee will not be able to avoid wearing a mask.
Due to their duty of care towards employees, employers are obliged to take appropriate measures to prevent infection with the coronavirus in the workplace. To this end, the Federal Employment Agency has issued a SARS-CoV-2 occupational health and safety rule for occupational health and safety.
Local regulations can also go beyond the general requirements. In Berlin, for example, a general mask requirement is to be introduced for offices and administrative buildings (even where the minimum distance is observed or other protective devices are possible).
Employers face severe fines if they violate their obligations to protect employees.
Can I be dismissed if I don't wear a mask?
It becomes particularly problematic if individual employees refuse to comply with the mask requirement at the workplace.
The employer has the right to issue instructions to employees, which also includes the obligation to wear a mask at the workplace. If employees refuse to comply with this instruction, they are in breach of their employment contract. This can lead to a warning and, if repeated, to dismissal.
Does the employer have to provide masks?
The mask is intended to protect against the spread of the coronavirus. It is therefore to be classified as protective clothing. Accordingly, the employer is obliged to provide masks or bear the costs for them if they are mandatory.
1 Comment
Rolf
The world is upside down at the moment, which is why a lot has changed in the workplace. If you're not wearing a mask in the office, you're working from home. I wanted to know what the situation is in terms of employment law and came across this article. In any case, it is very interesting to know that many people can specify their own measures. Thank you!