COVID-19: 3G rule at the workplace

Nov 10, 2021 Benn-Ibler Rechtsanwälte

COVID-19: 3G rule at the workplace

With the entry into force of the 3rd COVID-19 Measures Ordinance (3. COVID-19-MV) on November 1, 2021, the so-called "3G rule" (“geimpft”, “genesen”, “getestet”: vaccinated, recovered or tested) applies at the workplace throughout Austria. With the entry into force of the 1st and 2nd amendment of the 3rd COVID-19-MV on November 8, 2021, stricter requirements have now been imposed on the 3G proof to be provided and a 2G (vaccinated or recovered) or 2.5G rule (vaccinated, recovered or PCR-tested) applies for certain occupational groups.

3G detection

Only proof of vaccination (vaccination certificates, vaccination passports, "vaccination cards"), proof of recovery and medical confirmation of an infection that has been overcome, quarantine notices, molecular biological tests (PCR tests) with a validity period of 72 hours and antigen tests from an authorised body with a validity period of 24 hours count as 3G proof within the meaning of the 3rd COVID-19-MV.

Antigen self-tests and antibody tests are no longer considered as corresponding 3G detection as of November 8, 2021.

Furthermore, it should be noted that in some federal provinces certain deviations, regarding the 3G proof that must be provided, have been decided and, for example, according to Section 2 para 1 of the Vienna COVID-19 accompanying measures ordinance 2021, a PCR test is valid for a maximum of 48 hours from sample collection.

3G detection at the place of work

Employees, owners and operators must provide 3G evidence at every place of occupational activity, provided physical contact with other persons cannot be ruled out at the place of work. A maximum of two “physical contacts” per day, which take place outdoors and each do not last longer than 15 minutes, are not considered physical contact.

This means that 3G proof must be provided in principle in every office, in every canteen, on every construction site or even when entering external workplaces (e.g. for external meetings). No proof must be provided, for example, by lorry drivers, foresters or employees who perform their work in their home office ("in their own private living quarters").

If no 3G proof can be provided, an FFP2 mask must be worn at the place of work up to and including November 14, 2021 ("transition phase"). From November 15, 2021, the workplace may no longer be entered without appropriate proof. If the 3G proof is provided, no FFP2 mask (or a mouth-nose protection) has to be worn at the place of work.

Special provisions apply in particular to night-time gastronomy (discos, clubs, après-ski venues and dance halls) as well as in the health and care sector: from November 8, 2021 (night-time gastronomy) and from November 15, 2021 (health and care sector), employees nationwide must always provide proof of 2G. If a 2G certificate cannot be provided, a valid PCR test must be presented and an FFP2 mask must be worn for direct customer contact.

Control of compliance

The 3rd COVID-19-MV leaves the question largely open of how often an employer is required to carry out checks on confirmation of 3G status. The employee is only obliged to "keep ready" a corresponding proof for the duration of the stay at the place of work. Daily entry checks are not foreseen (except in the health and care sector) and would probably require the consent of the works council or individual workers to be permissible.

There is no obligation on the employer to offer workplace antigen or PCR testing.

BGBl II 441/2021 idF BGBl II 459/2021 (07.11.2021)

Status: November 10, 2021