“A look into the law makes it easier to find the law,” says a legal callous. With the Berlin Corona Regulation, this is often associated with surprises. Suddenly there are regulations that apparently not even the Governing Mayor Michael Müller (SPD) are aware of.
The latest find: The State of Berlin is now introducing a comprehensive test obligation for sales staff in retail and gastronomy as well as for employees in companies and public institutions if they have direct contact with customers and guests.
You must now be tested for the coronavirus at least twice a week and keep the evidence for four weeks. The obligation applies not only to employees, but also to the self-employed – for example, for the Späti operator or a craftsman who comes to the apartment for repairs.
That goes from the current version of the Corona regulation which was published on Saturday in the Law and Ordinance Gazette and has been in force since Sunday. The Senate passed them on Tuesday. It only mentions at least one test per week.
In its special session on Saturday, however, the Senate tightened this regulation again to two tests – in accordance with the obligation for employers to offer their employees a quick test at least twice a week. The Senate Health Administration confirmed this to the Tagesspiegel on Sunday upon request. The regulation, which has been updated once again, comes into force on Wednesday.
Müller only spoke of an obligation to make an offer twice
The obligation to test for staff with customer contact comes as a surprise. There was no mention of this in the press conference after the Senate meeting on Tuesday. On the contrary: The governing mayor Michael Müller (SPD) had only announced “a mandatory offer, which not everyone has to accept” for companies and their employees. “That is a world of difference.” Müller expressed himself similarly on Saturday.
[Wenn Sie alle aktuellen Nachrichten live auf Ihr Handy haben wollen, empfehlen wir Ihnen unsere App, die Sie hier für Apple- und Android-Geräte herunterladen können.]
It is mandatory for staff with customer contact – this is what it says in the new Paragraph 6a of the Corona Ordinance. Nevertheless, there has been no press release or other publications by the Senate on this point in the past few days. This is a significant expansion of the previous test practice.
The obligation applies to everyone who has customer contact: in companies, restaurants, snack bars, supermarkets, shops, but also advice centers, district centers, museums and galleries. In contrast to the mandatory test for customers, which was decided on Saturday, the shops for daily needs are not excluded. As the health administration confirmed on request, this also applies to authorities – from the citizens’ office to the job center.
While the regulation expressly provides for the use of self-tests for employees, this is not mentioned in the case of the self-employed. Further details such as the type of evidence required for self-tests were initially not known. There is one restriction: The regulation only applies “if sufficient tests are available and their procurement is reasonable”. That should currently be the case.
–
