An instruction can be proved only if it is documented and kept on record. This lesson shows what the law says about records, who is responsible for what, and what consequences breaches can have.
What § 43 (4) and (5) of the Infection Protection Act (Infektionsschutzgesetz, IfSG) require
- The employer instructs after the start of the activity and then every two years (§ 43 (4), first sentence).
- The employer documents participation in the instruction (§ 43 (4), second sentence).
- The employer keeps the certificate from the local health office (Gesundheitsamt) (first instruction) and the latest documentation of the follow-up instruction (§ 43 (5), first sentence).
- The employer keeps these records available at the place of business and shows them to the competent authority on request (§ 43 (5), second sentence).
- For work at changing locations, showing a certified transcript or a certified copy is enough (§ 43 (5), third sentence).
- If the employer carries out the activity personally, the employer also keeps their own certificate ready at the place of business (§ 43 (5), second sentence).
These duties stay with the employer. Even if you take part in an online course, it is the employer who must carry out or arrange the instruction and prove it.
What belongs in the documentation?
The law lists no details. In practice the usual items are:
- name of the person instructed,
- date of the instruction,
- content or topic,
- name of the person or body giving the instruction,
- signature of the person instructed.
Whether the business uses its own form, a list or a digital system is its own decision.
How does this course fit in?
The confirmation of participation for this course shows that you completed the course and passed the test. It has a number and a QR code, with which the employer can check that it is genuine.
It is not an official record, not a certificate under § 43 (1) IfSG and, on its own, not yet the documentation of the follow-up instruction. The employer decides whether and how to include the course in the follow-up instruction. If the employer does so, the employer must document your participation itself and keep the documentation.
What the employer must also do
Even after the course, the employer remains responsible for:
- the business's hygiene instructions for your workplaces,
- training in food hygiene, for example under § 4 of the Food Hygiene Ordinance (Lebensmittelhygiene-Verordnung, LMHV) for handling perishable food,
- checking whether new employees have the first instruction,
- measures under § 43 (3) IfSG when obstacles become known.
Consequences of breaches
The IfSG provides for the following consequences, among others:
- Administrative offence: anyone who does not carry out a follow-up instruction, or does so incorrectly, incompletely or too late, commits an administrative offence (§ 73 (1a) no. 16b IfSG). The fine can be up to EUR 25,000 (§ 73 (2) IfSG).
- Administrative offence concerning records: anyone who does not show a record under § 43 (5), second sentence, or does not show it in time, can be fined up to EUR 2,500 (§ 73 (1a) no. 21, (2) IfSG).
- Administrative offence concerning the report: employees who do not report an obstacle, or do not report it in time, also commit an administrative offence (§ 73 (1a) no. 16a IfSG). Here too, up to EUR 25,000 is possible.
- Criminal liability: anyone who employs a person contrary to the ban under § 42 (1) IfSG, or carries out the activity despite the ban, can be punished with imprisonment for up to two years or a fine (§ 75 (1) no. 2 IfSG).
Whether a penalty is imposed, and how high it is, is decided by the authorities in each case. This course does not replace legal advice.
And you, as an employee?
You have the same duties as before: observe the bans, report obstacles at once and take part in instructions. Your certificate from the Gesundheitsamt stays valid if you change employer. The employer keeps it. When you change jobs, ask for it back and show it to the new business. It is best to keep a copy for yourself.