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General decree for the prevention of infection with the coronavirus at the Philipps-Universität Marburg

The Philipps-Universität Marburg issues the following general decree for the prevention of infection with the coronavirus at the Philipps-Universität Marburg:

§ 1 Wearing of a medical mask

(1) In the buildings of the Philipps-Universität, a surgical mask or protective mask of the standards FFP2, KN95, N95 or comparable without an exhalation valve (medical mask) must be worn during the holding of lectures, seminars etc., examinations, and committee meetings indoors, if the minimum distance of 1.50 m to other persons cannot be maintained. In these cases, the mask obligation also applies in the seat.

(2) During indoor sports activities, the mask may be removed if the responsible exercise supervisor so decides.

(3) In all other situations, wearing a mask is strongly recommended inside university buildings, unless the minimum distance of 1.50 m from other persons can be maintained.

(3) If drinks or food are served during meetings or events, the Guidelines for Prevention of Infection with Coronavirus for Events of the Philipps-Universität Marburg must be observed.

§ 2 Occupancy and Ventilation of Rooms

(1) Rooms shall be supplied with fresh air for a few minutes at least every 30 minutes during their use. If the rooms have a technical ventilation system with fresh air supply, this shall be used.

(2) All seats may be occupied both in the case of free seating and in the case of seating in rows.

§ 3 Business trips and excursions

(1) For persons entering from abroad, the regulations of the Coronavirus Entry Ordinance shall apply.

(2) For overnight stays in shared rooms, fixed groups of rooms, as small as possible, are to be planned. Persons who cannot be vaccinated for medical reasons or who have an above-average risk of severe disease progression due to their medical disposition should be accommodated in single rooms.

(3) In view of the continuing dynamic infection situation, care should be taken to ensure the most comprehensive possible cancellation conditions for travel, especially in the fall and winter months, in the event that travel destinations are declared high-risk or virus variant areas by the federal government at short notice. Cancellation costs are not covered centrally.

§ 4 Corona self-tests for employees

Employees who work on UKGM premises and do not have a valid vaccination or convalescence certificate in accordance with §22a IfSG must present either a negative test certificate from a test center or a Corona self-test performed on site, which must be provided with the current date and must not be older than 24 hours, to their supervisor on each working day. The self-tests will be provided. The supervisor or a person designated to do so will document the submission of the negative test record.

All other employees will be offered two Corona self-tests per week. The offers will be made through the respective facility. Performance of the self-tests is voluntary.

§ 5 Exceptions from work in presence

(1) For those confirmed to be infected with SARS-CoV-2 coronavirus, the requirement to be present is waived for 5 days. If symptoms of illness for COVID-19 have occurred, isolation shall be continued on the individual's own responsibility until symptom-free for at least 48 hours. Differing quarantine orders from the health department take precedence. If necessary, a certificate of incapacity for work must be obtained and submitted to Human Resources for the period of Covid-19 illness. Individuals whose attendance requirement has been waived shall perform their duties/work from home during this time if possible. The regulations on working hours (4.b - 4.e), work equipment (5), occupational health and safety (6), and data protection/IT security (7) listed in the Philipps-Universität service agreement on mobile working apply analogously. The online training (3.c) also mentioned as a prerequisite in the service agreement on mobile working should be made up for during this time. If it is not possible to work from home, the health department's segregation order must be submitted to the HR department.

(2) In the case of employees with an increased individual risk of a severe course of illness as a result of a COVID 19 infection, all measures shall be examined to enable them to work in the office, taking into account the applicable hygiene and distance regulations. In particular, the allocation of a single room, an activity during off-peak hours or the allocation of another activity in the context of reassignments or secondments, in the case of employees within the remuneration group agreed in the employment contract and in the case of civil servants within the right to issue instructions, must be examined. Insofar as presence work with protective measures is also not possible for employees with an increased individual risk of a severe course of illness as a result of a COVID 19 infection, mobile working may be granted up to 100% of the individual scope of employment. All other regulations of the service agreement on mobile working of Philipps-Universität Marburg continue to apply. Proof of the risk is provided by an appropriately meaningful medical certificate. The costs for this must be borne by the employees themselves. If working from home/mobile working is not possible, in particular due to the special features of the respective task, as well as the presence work with protective measures, plus hours on the flexitime account, overtime and overtime hours are to be brought in. Only then shall a decision be made on the exceptional granting of paid time off or time off from work on the basis of an examination by a personnel physician within the framework of dutiful discretion, taking into account the duty of care and the fulfillment of the duty to provide services or the ability of the administration to function.

(3) If, due to the Corona pandemic, facilities for the care of children or schools or facilities for people with disabilities are temporarily closed by the responsible authority, if their entry is prohibited or if they are only operated in a restricted manner, employees affected by this shall be granted mobile working up to 100% of the individual scope of employment. All other regulations of the service agreement on mobile working at Philipps-Universität Marburg shall continue to apply. If mobile working is not possible, a service exemption can be reviewed and approved by the Human Resources Department upon request via the supervisor. The exemption can also be for days or by the hour. The prerequisite is that the closure takes place outside of scheduled vacation times, another care option is not reasonable, and affected children have not yet reached the age of 12. There is generally no age limit for persons with disabilities. Employees must give priority to reducing their overtime hours or flexitime credits and taking vacation days from 2021. In the event of the closure or partial closure of inpatient care facilities and in the event of the failure of outpatient care, employees must give priority to taking advantage of the options for short-term prevention of work in accordance with the provisions of the PflegeZG and the HUrlVO.

  • Inhalt ausklappen Inhalt einklappen Notes on § 5:Notes on § 5:

    Supervisors can also use mobile working to ensure infection-preventing office occupancy as needed and in consultation with employees. The regulations on working hours (4.b - 4.e), work equipment (5), occupational health and safety (6), and data protection/IT security (7) listed in the service agreement on mobile working at Philipps-Universität apply analogously. The online training (3.c), which is also mentioned as a prerequisite in the service agreement on mobile working, must be proven by the employees within 7 working days after the start of mobile working.

    The service agreements on mobile working with the corresponding regulations as well as the leaflet IT security and data protection can be found on the website of Philipps-Universität. The online training "Mobile Working" can be found on the ILIAS platform. The basic regulations and the implementation of the online training is mandatory for all employees who work mobile, so also for the supervisors.

§ 6 Duties of Employees to Inform the University Administration

Employees of the Philipps-Universität shall inform their supervisor and the Human Resources Department immediately and without being requested to do so if they

  1. have been proven to be infected with the corona virus SARS-CoV-2,
  2. there is an obligation to segregate on the basis of the Corona Entry Ordinance,
  3. there is an order for segregation by a health authority.

Notification to the Human Resources Department will be made via email at .

§ 7 Segregation due to positive antigen self-tests or rapid antigen tests under supervision

(1) If there is a positive test result due to an antigen self-test for the detection of an infection with the SARS-CoV-2 virus or a rapid antigen test carried out under supervision, the person must immediately have a PCR test carried out in accordance with § 4 Para. 2 CoBaSchuV and go into seclusion.

(2) If an antigen test is positive for students and compulsory courses or examinations are missed due to the segregation obligation according to § 4 CoBaSchuV, the test result must be reported immediately to the responsible examination office.

(3) The certificate of the PCR test shall be regarded as proof of absence, provided that the date of its performance indicates that it was carried out without delay in accordance with Paragraph 1. Proof of absence may also be provided by a medical certificate or quarantine order issued by a public health office.

Publication

In accordance with § 41 para. 4 HVwVfG, this general decree shall be deemed to have been announced in accordance with local practice on September 16, 2022, from 12:00 noon by publication on the Internet at www.uni-marburg.de/de/universitaet/administration/sicherheit/coronavirus, on the notice board on the first floor in the main building of the central administration of Philipps-Universität Marburg, Biegenstraße 10, 35037 Marburg, and in the Official Notices of Philipps-Universität Marburg at www.uni-marburg.de/de/universitaet/administration/amtliche-mitteilungen/jahrgang-2022, and shall be effective as of September 19, 2022, 00:00 noon. It is valid until October 16, 2022, 24:00 hours.

Notice:

The general decree and its justification can be viewed at www.uni-marburg.de/de/universitaet/administration/sicherheit/coronavirus, on the notice board on the first floor in the main building of the central administration of Philipps-Universität Marburg, Biegenstraße 10, 35037 Marburg, as well as in the Official Gazettes of Philipps-Universität Marburg at www.uni-marburg.de/de/universitaet/administration/amtliche-mitteilungen/jahrgang-2022.

Justification:

A. Initial Situation/Circumstance

In the district of Marburg-Biedenkopf, despite the summer months and after the summer wave subsided, the number of Corona-infected persons has remained at a level of 1,293 active cases (as of 09/14/2022) with a current incidence of 342 (as of 09/15/2022). The very easily transmissible coronavirus variant Omikron continues to dominate. Infection occurs, as with the earlier virus variants, through inhalation of virus-containing air. The viruses are released into the air by corona infected persons in the form of aerosols when they exhale, irrespective of whether the infected persons show symptoms of disease or not. Most infections therefore occur indoors, where the corona viruses have been able to accumulate in the indoor air, or through close contact with infected individuals without mouth-to-nose protection.

In the summer semester of 2022, face-to-face teaching is once again the desired norm for the more than 22,000 students at Philipps-Universität Marburg. Therefore, courses with several hundred students will again be held in the university buildings. In fully occupied lecture halls, seminar rooms and practical courses, it is not possible to keep any distance to other people.

Through the 3G access controls from November 2021 to early 2022, the university management is aware that a large number of employees and students have been vaccinated against SARS-CoV-2. This reduces the risk of severe disease on average for university employees, but the risk remains higher for vulnerable groups. The overall risk of infection from the Omicron variant also remains high. Together with the high number of cases, it is therefore still important to prevent infections at work in order to protect university staff and members from contracting SARS-CoV-2 and any late effects (long covid or similar), as well as to ensure university operations and in particular teaching in attendance and to enable uninterrupted studies.

Therefore, effective infection control measures must continue to be observed and implemented by all, as symptom-free infections can remain undetected, lead to unintentional virus release, and become a risk of infection for others.

B. Legal justification

I. Responsibility

The responsibility for issuing these regulations arises from Section 44, Paragraph 1, Sentence 4 of the Hessian Higher Education Act (HessHG), as well as the Occupational Health and Safety Act (ArbSchG), and the Service Instruction for Handling the Corona Virus in the Business Area of the HMWK.

II. Legal basis

The legal basis for the orders to wear a medical mask given in Section 1, Para. 1, Para. 2 is Section 44, Para. 1, Sentence 4 of the HessHG. According to this, the president maintains order at the university and decides on the exercise of domiciliary rights. This basis of authorization is a general clause, which is intended to enable the president to react preventively and flexibly to dangers of any kind in order to ensure the proper operation of the university. In particular, § 44 para. 1 sentence 4 HessHG authorizes the president to take measures within the framework of the power of order due to imminent health hazards (VGH Kassel, decision of 01.02.2022, 10 B 2508/21, marginal no. 10 - BeckRS 2022, 7915; expressly also Neukirchen/Reußow/Schomburg - Simon/Sieweke, § 81 Hamburg Higher Education Act, marginal no. 7, 2nd edition 2017; VGH Mannheim, judgment of 01.12.2015, 9 S 1611/15, marginal no. 34 - NVwZ-RR 2016, 384; on the relationship between house rights and orders to wear masks in general: VG Gießen, decision of 21.06.2021, 4 L 2171/21.GI, marginal no. 13ff. - juris; BayVGH, decision of 30.03.2022, Vf. 13-IVa-22, marginal no. 20 - juris;).

The legal basis for the other orders issued is the risk assessment in accordance with §§ 5 and 6 of the Occupational Health and Safety Act (ArbSchG), §§ 3 and 4 of the Coronavirus Basic Protection Measures Ordinance of the Hessian State Government (CoBaSchuV) of September 11, 2022 the Coronavirus Entry Ordinance and the Service Instruction on Handling the Corona Virus in the Business Area of the HMWK of June 01, 2022.

III. Legality of the measures

As of April 3, 2022, despite high infection rates, many federal and state infection control requirements no longer apply. However, within the scope of its employer function, the university is still obligated protect its employees.

The application of these protective measures for employees results, also for study operations, from the requirements of the German Social Accident Insurance (DGUV), § 2 Paragraph 1 of DGUV Regulation 1 "Principles of Prevention". Although students are not employees within the meaning of the Occupational Health and Safety Act, they are legally insured against accidents in accordance with § 2 Paragraph 1 No. 8c of the Seventh Book of the German Social Security Code (SGB VII). The accident prevention regulation DGUV Regulation 1 "Principles of Prevention" issued by all accident insurance institutions refers to the state occupational health and safety regulations and expressly stipulates that the measures specified in state law also apply to the protection of insured persons who are not employees (cf. Section 2 (1) sentences 2 and 3 of DGUV Regulation 1).

1. § 1 Wearing a medical mask

Without the wearing of a medical mask, there would be imminent health hazards which would have a not inconsiderable effect on the proper operation of the university.

This applies wherever technical or organizational measures do not provide sufficient protection or where a minimum distance of 1.50 m from other persons cannot be maintained on a permanent basis. The necessity of the mask obligation results on the one hand from the current high infection situation in the district Marburg-Biedenkopf and on the other hand from the urgent recommendation from the science.

Under higher education law, universities are obliged to ensure orderly study and the best possible academic success, to take appropriate account of the legitimate interests of their staff, and to enable the cultivation and development of the sciences and arts, especially through comprehensive research (§ 3 HessHG).

In order to make the best possible use of the opportunities for face-to-face teaching that now exist again and at the same time to minimize study-related infection risks, as well as to give all students and teachers, but especially students with particular vulnerability, the opportunity to complete the summer semester without interruption and to be able to participate in face-to-face events and in particular examinations, effective infection protection measures must continue to be observed and implemented by everyone, since symptom-free infections can remain undetected and become an unwanted virus release and a risk of infection for others.

The order in § 1 made in the general order is suitable, necessary and appropriate in relation to the goal of an orderly study and research operation for all in attendance while minimizing the risk of infection, and is therefore proportionate.

The absolute prevailing opinion in the scientific community is that the wearing of an FFP2 mask or a mouth-nose protection of a certain manufacturing type provides a protection against infections with respect to Covid19 of more than 98%. Wearing medical masks significantly reduces potential viral release on the one hand and inhalation of coronaviruses by filtering the air breathed on the other. If everyone present in the room or at a meeting wears medical or FFP2 masks, the risk of infection is maximally reduced. Masks are also readily available and easy to use. The measure is therefore appropriate to protect employees, staff and students from infection with Covid19.

The measure is also necessary because the infection figures are still high, the 7-day incidence is currently over 342 in the district of Marburg-Biedenkopf. In addition, the fact that the prevention of an infection is of considerable importance with regard to the progress of the study must also be taken into account as part of the consideration process. It is still the case that a 5-day quarantine is ordered in the event of a positive finding. With regard to events, this can have the consequence that in the case of a chain of infections arising on the time axis in an event, the progress is considerably disturbed or absences and downtimes are generated, which make successful participation in events for the current semester impossible. In this respect, the measure is also necessary; it would not be possible to achieve a similar protective effect with a mere recommendation.

The measures taken in the general order are also appropriate. The regular course at a university comprises two semester hours. After that, a mask break can be taken on a regular basis. In addition, many courses offer a break in the middle of the course. In order to be able to maintain attendance and not to endanger the individual progress of the students, it is considered appropriate to wear the mask for the respective attendance event. In addition, the security interests of all students, especially the particularly vulnerable students, as well as the security interests of the employees were comprehensively included in the consideration.

Exceptions are of course possible if wearing the mask is impossible for the individual for medical reasons.

2. §§ 2 - 7

The measures described are determined on the basis of the risk assessment in accordance with §§ 5 and 6 of the Occupational Health and Safety Act; in this context, the regional infection protection situation and special activity-specific infection hazards were taken into account. Furthermore, the measures mentioned are based on §§ 3 and 4 of the Coronavirus Basic Protection Measures Ordinance (CoBaSchuV) of September 11, 2022 of the Hessian state government, the Coronavirus Entry Ordinance as well as the Service Instruction for Handling the Corona Virus in the Business Area of the HMWK of June 01, 2022.

IV. Announcement

Pursuant to § 41 para. 3 sentence 2, para. 4 sentence 1 and 2 HVwVfG, this general decree is announced in accordance with local custom and public practice by publication on the Internet at www.uni-marburg.de/de/universitaet/administration/sicherheit/coronavirus, on the notice board on the first floor in the main building of the central administration of the Philipps-Universität Marburg, Biegenstraße 10, 35037 Marburg, as well as in the Official Gazettes of the Philipps-Universität Marburg at www.uni-marburg.de/de/universitaet/administration/amtliche-mitteilungen/jahrgang-2022.

Pursuant to § 41 para. 4 sentence 3 HVwVfG, in the case of public announcement of a written administrative act, this is considered to have been announced two weeks after the customary local announcement. In order to maintain study and research operations and to avoid possible sources of infection, use was made of the option provided by Section 41 (4) sentence 4 HVwVfG and an earlier announcement date was selected.

V. Immediate enforcement

Immediate enforcement pursuant to Section 80 (2) Sentence 1 No. 4 of the Administrative Court Rules (VwGO) of this general ruling is ordered.

There is a special public interest in the immediate enforcement of the general ruling by way of exception.

Since an important component of the infection control measures would be broken off for the time being by filing an appeal, the order of immediate enforcement of the order is necessary and appropriate. The public interest of the functionality of the presence operation and the interest of the health protection of the members and members of the Philipps-Universität Marburg, who are in the buildings of the Philipps-Universität Marburg, outweighs the legal protection interest of individual affected persons with regard to the mask wearing obligation.

The particular public interest in enforcement results from the fact that the suspensive effect of an objection against this general ruling would be counterproductive with regard to health protection, namely the interruption of chains of infection, as well as the safeguarding of the attendance events that continue to be held.

In the balancing of interests to be carried out, the interests of freedom with regard to the wearing of the mask by the students and all other members of the Philipps-Universität Marburg must therefore take a back seat to health protection, namely the interruption of infection chains, as well as the safeguarding of the attendance operations to be sustainably ensured. By wearing the mask, all members and relatives, as well as visitors of the Philipps-Universität Marburg are protected and the presence operation is protected with a mild and low interference in the rights of the affected persons, this also and especially in view of the still high incidence in the district of Marburg-Biedenkopf.

Legal notice

An appeal against this order may be lodged within one month of notification. The objection must be submitted in writing or in writing to the President of the Philipps-Universität Marburg, Biegenstraße 10, 35037 Marburg.

Pursuant to Section 80 (2) VwGO, the objection has no suspensive effect. Pursuant to Section 80 (5) VwGO, the suspensive effect may be restored in whole or in part upon application against the order of immediate execution. The application is to be filed with the Administrative Court of Giessen, Marburger Straße 4, 35390 Giessen.

Marburg, September 16, 2022

Prof. Dr. Thomas Nauss
President

Translated with www.DeepL.com/Translator (free version)