Does the instruction also apply to temporary staff and interns?

Yes. The obligation depends on the activity, not on the type of employment. Anyone who works in the kitchen or with the foods named in § 42 IfSG needs an initial instruction before their first assignment.

Who issues the certificate for the initial instruction?

Under § 43 (1) IfSG, the public health office or a doctor appointed by the public health office. Format and delivery, for example a group appointment on site or a video appointment, are agreed with the responsible public health office before the appointment.

How long is the certificate for the initial instruction valid?

It remains valid as long as the employer carries out and documents the refresher instructions every two years. When someone first starts the activity, it must not be older than three months.

Does a doctor have to carry out the refresher instruction?

No. The refresher instruction is the employer's task. The employer can carry it out personally or appoint a doctor. Attendance must be documented in every case.

§ 43 IfSG instruction: deadlines — Betriebsmedizin Plus

Affected activities

Section 43 of the Infection Protection Act (§ 43 IfSG) refers to the activities in § 42 IfSG. It covers people who commercially produce, handle or place on the market the foods named there, and who come into contact with them. These include meat and poultry, milk, fish and crustaceans, egg products, baby and infant food, ice cream, baked goods with an unbaked filling, delicatessen, raw vegetable and potato salads, marinades and mayonnaise, and sprouts and seedlings.

Any work in the kitchens of restaurants and other facilities that provide communal catering is also covered. This includes dishwashing and kitchen assistants, temporary and seasonal staff, as well as cooks. What counts is what a person actually does, not the job title. Contact through objects, such as work equipment and crockery, can also trigger the obligation. Where staff only sell packaged goods, check against § 42 IfSG whether the activity is covered.

Initial and refresher instruction

StepResponsibleTimingEvidence Initial instructionPublic health office or a doctor appointed by the public health officeBefore the activity starts for the first time; the certificate must then not be older than three monthsCertificate under § 43 (1) IfSG Refresher instructionEmployerAfter the activity starts and every two years after thatRecord of attendance Keeping recordsEmployerFor the duration of employmentCertificate and latest instruction record at the place of work; where sites change, a certified copy or a copy is enough

The deadlines are set out in § 43 (1), (4) and (5) IfSG. The employer may carry out the refresher instruction personally or have a doctor do it. The employer remains responsible for carrying it out and documenting it in every case. The three-month limit applies when someone first starts such an activity. A properly issued certificate then stays valid as long as the refresher instructions take place.

Format and process of the initial instruction

Under § 43 (1) IfSG, the initial instruction is given by the public health office or a doctor it appoints. Which format is accepted, for example a group appointment on site or a video appointment, and how the procedure works in detail, differs between the federal states and partly between individual public health offices.

Format and delivery are therefore agreed with the responsible public health office before the appointment. We clarify the details in the individual consultation. A certificate that the responsible authority does not accept does not meet the duty to provide evidence. A self-study module can convey the content, but on its own it does not replace an initial instruction within the meaning of the Act.

Content of the instruction

The instruction covers the bans on working in § 42 IfSG, that is, the illnesses and symptoms that rule out working with food, the duty to report such obstacles to the employer without delay, and the basic rules of hygiene. Under § 43 (1) no. 2 IfSG, the person instructed declares in text form that they know of no facts that would lead to a ban on working. If there are indications of obstacles, the certificate may only be issued after a medical report.

Employees without sufficient German must be instructed in a language they understand. An instruction whose content was not understood does not serve the purpose of the Act.

Records at the company

The following evidence must be available during an inspection by the authority:

the initial instruction of all employees with activities under § 42 IfSG, including temporary and seasonal staff, in each case before the activity starts,
the record of the refresher instruction with date and attendance,
the documents at the place of work, as a certified copy or a copy where there are several branches or event locations,
proof that the instruction was given in a language the employees understand.

If an employee changes employer, the certificate of the initial instruction remains valid. The new employer gives a refresher instruction after the activity starts and documents it.

Distinction from hygiene and check-ups

The instruction is a briefing, not an examination. It replaces neither hygiene training under Regulation (EC) No 852/2004 nor occupational health check-ups. Where the workplace involves hazards from biological agents or wet work, check-ups under the Ordinance on Occupational Health Care (ArbMedVV) apply in addition. For regular wet work of more than two hours a day, an offered check-up (Angebotsvorsorge) must be offered. For regular wet work of four hours or more a day, a mandatory check-up (Pflichtvorsorge) must be arranged. Details are in the article Wet work and skin strain. The article Mandatory check-ups, offered check-ups and check-ups on request explains how offered and mandatory check-ups differ.

If several temporary staff start at the same time, for example at the start of the season in hospitality, a group appointment on site before the season starts and a fixed annual date for the refresher instructions make the organisation easier. We arrange on-site appointments with companies in the Ingolstadt, Munich and Upper Bavaria area. Consultations and meetings are possible nationwide by video.

Food-hygiene instruction under Section 43 of the Infection Protection Act