Who is actually an employee within the meaning of Section 13 Paragraph 4 GenTSV 2019?

For 14 years now, we have been taught that the best questions still come from the participants in our courses! For example, the question from the refresher course "The new GenTSV 2019" remained unanswered: who actually constitutes an employee within the meaning of the new GenTSV? Specifically, the question concerned Section 13 Paragraph 4 GenTSV 2019. This stipulates that in the event of imminent danger, the competent authority can also issue orders pursuant to Section 26 GenTG against supervisors and "other employees." This question is more than justified, since the GenTG itself only recognizes the operator, the project manager (PL), and the biological safety officer (BBS) as responsible persons in a genetic engineering facility. Accordingly, Section 26 GenTG only provides a legal basis for orders that violate the statutory provisions of the GenTG, its statutory regulations, and EU requirements. Since the statutory obligations are directed only at the operator, the PL, and the BBS, only they can violate them. In the absence of a violation of a statutory obligation by third parties, they are also not covered by Section 26 GenTG. This is also consistent, since employees only ever appear in connection with occupational health and safety in the sense that occupational health and safety requirements must be observed for their protection (cf. Section 13 (2) Sentence 1 GenTSV). They are therefore "victims," ​​not "perpetrators." In this respect, Section 13 (4) GenTSV 2019 goes beyond the framework set by Section 26 GenTG by also considering orders to be permissible for supervisors and other employees. There are considerable concerns about an adequate legal basis here, since the recourse to supervisors and other employees is in any case not covered by Section 26 GenTG.