Do employees have to pay for possible vaccinations themselves?
Dr. Alexander Heinick
Employers must conduct risk assessments and establish protective measures. These may include vaccinations.
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According to § 5 ArbSchG and § 4 BioStoffV, the Employer the danger to employees caused by Activities involving biological agents must be assessed before commencing the activity and the necessary Protective measures must be taken . If this risk assessment reveals an increased risk of infection from biological agents, as may be the case in laboratories or healthcare settings, the BioStoffV (Organization of Biological Agents) must be followed.
As already mentioned in AGCT Genetic Engineering report from September 30, 2024 “How is occupational health care regulated in the laboratory?”, both mandatory and optional preventive measures for activities involving biological substances that are designated as vaccine-preventable (e.g., work with the hepatitis B virus) require prophylactic Vaccination must be offered by the employer . However, this requirement can be waived as long as employees have sufficient immunity against the biological agent (6.2.1 TRBA 100). Employers must therefore always offer vaccinations to employees if the risk of infection is job-related and increased compared to the general population. However, employees are not required to accept the offer of vaccination, as there is no mandatory vaccination requirement in Germany. But who actually has to pay for this vaccination if the offer is accepted?
The answer to this question is that the Cost for occupational health care and vaccinations may not be imposed on employees and to be borne by the employer are (see also the Article of the professional association for health services and welfare (BGW). This cost coverage also applies, for example, to students completing an internship.