Corona protective measures must be met
Do companies that deal with particularly vulnerable groups, such as those in the care sector, possibly expect lawsuits or recourse claims due to negligent bodily harm? No, says Werner Negwer, legal advisor at Caritas in the Osnabrück diocese. “Negligence would mean: I can reproach employees for not doing what they can to take protective measures.”
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But if the measures such as distance, protective masks and the use of disinfectants are observed, infection avoidance will be guaranteed and there will be no additional risk due to the fact that there is no vaccination, explains Negwer. The decisive question should also be: who actually infected me? In most cases it will hardly be possible to determine this.
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Transfer possible at the workplace as a consequence
According to Werner Negwer, it is more relevant whether unvaccinated employees have to be transferred. “In a few individual cases in our facilities we have the constellation that employees through medical certificates prove that they are unable to wear FFP2 protective masks. In such cases we cannot accept responsibility for the use in patients without vaccination protection. Then employees are transferred to other areas. ”
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In the most extreme case, a termination of the employment relationship must then also be discussed. Such a case, says Werner Negwer, only happened once in the Diocese of Osnabrück with around 18,000 Caritas employees.
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