Instruction under § 43 IfSG (Germany)

Legal basis

EU — applies in Austria and Germany

No equivalent in EU law; in both countries the training duty under Reg. (EC) 852/2004 Annex II, Chapter XII applies.1

DE — Germany

§ 43 (1) IfSG: first-time work only with a certificate, at most three months old, from the public health office or a commissioned doctor confirming the instruction. Which activities and foods are covered is set out in § 42 (1).2,3

DE — Germany

§ 43 (4): the employer instructs after work begins and then every two years; attendance must be documented. § 43 (5): the certificate and the latest documentation are kept at the workplace.4,5

DE — Germany

Some offices offer the first instruction online, for example in Bavaria. Whether a follow-up instruction purely in writing or online is enough is seen differently by different offices; ask your own public health office.4,6,7

AT — Austria

No equivalent: no certificate from a public health office, no statutory instruction interval. The EU training duty applies; a ministry guideline recommends instruction on starting and once a year (guideline, not law).1,8

Retention

The first certificate and the latest documentation of the follow-up instruction are kept at the workplace; the law sets no period in years.5

What the inspector wants to see

• Is there a first certificate for every person concerned?2,5
• Is there a record of the latest follow-up instruction, and is it no more than two years old?4,5
• Are the records kept at the workplace rather than in the office?5
• Is the instruction documented separately from hygiene training?9

Common mistakes

• The first certificate is more than three months old when work begins.2
• Follow-up instruction forgotten or not documented.4
• The records are in the office instead of at the workplace.5
• In Austria, a German-style “health certificate” demanded that does not exist there by law.Practice

Practise, read, print

Guide and template are in German for now.