COVID-19 Emergency Plan – Definition, Legal Requirements & Practical Tips

A COVID-19 emergency plan defines how a company responds to a cluster of coronavirus infections in the workplace – covering hygiene measures, remote work arrangements, and internal communication. Under the German Occupational Health and Safety Act (ArbSchG), employers are legally required to assess health risks in the workplace and document appropriate protective measures. Even though the acute pandemic phase ended in 2023, an updated pandemic plan remains a valuable part of any company's emergency management framework.

What Is a COVID-19 Emergency Plan?

A COVID-19 emergency plan is a written document that sets out how a company responds to a COVID-19 outbreak in the workplace. It describes concrete measures, responsibilities, and communication channels for crisis situations.

The emergency plan differs from related terms that are often confused in day-to-day business operations:

In practice, all three documents overlap. Many companies combine them into a single comprehensive document.

Legal Foundations

Occupational Health and Safety Act (ArbSchG) – What Still Applies in 2025?

The most important legal basis is the German Occupational Health and Safety Act (Arbeitsschutzgesetz, ArbSchG). Under § 5 ArbSchG, employers are required to carry out a risk assessment – a systematic review of all potential health hazards in the workplace. This includes biological hazards such as viruses.

§ 12 ArbSchG further stipulates that employers must instruct their employees about risks and the protective measures taken. This instruction obligation applies independently of COVID-19 and is not time-limited.

SARS-CoV-2 Occupational Safety and Health Rule – What Is Still Valid?

The SARS-CoV-2 Occupational Safety and Health Rule issued by the Federal Institute for Occupational Safety and Health (BAuA) was a time-limited, legally binding framework with specific protective measures for businesses during the pandemic. This regulation has expired and no longer has direct legal force.

What does still apply: the general obligations under the ArbSchG and the Biological Agents Ordinance (BioStoffV). The BioStoffV governs the handling of biological agents in the workplace – and SARS-CoV-2 continues to fall within its scope when employees face an elevated risk of infection (e.g. in care work, healthcare, or customer-facing roles).

Protection Against Infection Act (IfSG)

The Protection Against Infection Act (Infektionsschutzgesetz, IfSG) regulates government measures to prevent and control infectious diseases. It gives the Federal Ministry of Health the authority to quickly introduce binding protective measures in the event of a new pandemic situation. Employers should therefore regularly review the current legal landscape – particularly during autumn and winter months.

Components of a COVID-19 Emergency Plan

A complete COVID-19 emergency plan consists of five core areas:

1. Hygiene Concept

The hygiene concept is the foundation. It describes permanent hygiene measures in the workplace and is tightened in the event of an outbreak. Typical elements include:

• Ventilation rules (regular cross-ventilation, CO₂ monitoring)
• Cleaning and disinfection of contact surfaces
• Physical distancing rules and room layout
• Face mask requirements (in the event of a new outbreak)
• Testing obligations (voluntary or mandatory depending on the situation)

2. Crisis Team and Responsibilities

A crisis team is a dedicated group of people who take charge of coordination in an emergency. Without clear responsibilities, things can quickly become chaotic when it matters most.

Recommended composition:

• Executive management (decision-making authority)
• HR leadership (personnel measures, communication)
• Safety officer (occupational health and safety)
• Company doctor / occupational physician (medical assessment)
• IT manager (remote work infrastructure)

Every member of the crisis team needs a clearly defined role and a designated deputy.

3. Communication Plan

Good communication prevents uncertainty and rumours. The communication plan defines:

• Who informs the workforce? (responsibility)
• Through which channels? (email, intranet, notice board, team meetings)
• How often? (daily, weekly, on an as-needed basis)
• How are employees working remotely kept informed?

Important: External communication (customers, suppliers) should also be covered.

4. Remote Work and Home Office Arrangements

During an outbreak, remote work is often the fastest and most effective way to interrupt chains of infection. The emergency plan should clarify:

• Which roles are suitable for remote work?
• What technical equipment will be provided?
• How are data protection and IT security ensured?
• Is there a formal remote work agreement in place? (co-determination required under § 87 BetrVG in Germany)

Companies without existing remote work policies should establish them before a crisis occurs – not during one.

5. Documentation and Record-Keeping Requirements

All measures must be documented in writing. This protects employers and is a legal requirement under § 6 ArbSchG. Documentation must include:

• The risk assessment (biological hazard posed by SARS-CoV-2)
• Protective measures implemented
• Employee instruction records (date, participants, content)
• Notifications to the public health authority (for notifiable diseases under the IfSG)

Step-by-Step: How to Create an Emergency Plan

Want to create a COVID-19 emergency plan for your organisation, or update an existing one? The following checklist will guide you through the process:

Step 1 – Take stock: Review which documents already exist (hygiene plan, workplace agreements, risk assessments).

Step 2 – Appoint a crisis team: Define who is responsible for what in an emergency. Document names, roles, and contact details.

Step 3 – Update the risk assessment: Extend existing risk assessments to cover biological risks (in line with BioStoffV and § 5 ArbSchG).

Step 4 – Develop an action plan: Define concrete measures for three escalation levels: Normal operations / Elevated infection levels / Outbreak on company premises.

Step 5 – Plan communications: Prepare template emails and notices that you can deploy immediately when needed.

Step 6 – Instruct your workforce: Inform all employees about the plan and document the instruction session (§ 12 ArbSchG).

Step 7 – Review the plan regularly: Revise the plan annually or immediately after it has been activated (lessons learned).

Frequently Asked Questions About COVID-19 Emergency Plans

What must a COVID-19 emergency plan contain?

A complete plan includes at minimum a hygiene concept, a crisis team with clear responsibilities, a communication plan, remote and home office arrangements, and documentation of all measures taken. It is also advisable to include procedures for the event of a positive test result or a government-mandated quarantine.

Is the SARS-CoV-2 Occupational Safety and Health Rule still applicable in 2025?

No. The specific SARS-CoV-2 Occupational Safety and Health Rule issued by BAuA has expired and no longer has direct legal effect. However, the general obligations under the Occupational Health and Safety Act (ArbSchG) and the Biological Agents Ordinance (BioStoffV) continue to apply. For roles with an elevated infection risk – such as in nursing or healthcare – an up-to-date risk assessment remains mandatory.

What is the difference between an emergency plan, a hygiene plan, and a pandemic plan?

The emergency plan describes the reactive approach to an acute outbreak (short-term). The hygiene plan establishes permanent hygiene standards in the workplace. The pandemic plan is a strategic document covering various crisis scenarios and the company's long-term response. Many organisations combine all three into a single document.

What are an employer's legal obligations in relation to COVID-19?

Employers are required under § 5 ArbSchG to conduct a risk assessment that includes biological hazards such as SARS-CoV-2. Under § 12 ArbSchG, employees must be regularly instructed on risks and protective measures. § 6 ArbSchG requires documentation of all measures. Remote work arrangements are also subject to co-determination rights of the works council (§ 87 BetrVG).

Who in the company is responsible for the COVID-19 emergency plan?

Primary responsibility lies with the employer or executive management. Operationally, implementation is typically handled by HR, the occupational health and safety officer, and the company doctor. It is advisable to form a cross-functional crisis team and document responsibilities in writing.

How often does the emergency plan need to be updated?

Immediately when there are significant changes to the legal situation. After every actual activation of the plan, a review as part of a lessons-learned process is recommended. An annual routine review is a sensible minimum standard – particularly ahead of the autumn and winter months.

Do employees need to be informed about the emergency plan?

Yes. The instruction obligation under § 12 ArbSchG also applies to the emergency plan. Employees must know how to behave in the event of an outbreak, who to contact, and what measures will be taken. The instruction session should be documented (date, participants, content).

Conclusion

A COVID-19 emergency plan is not a formality – it protects employees and ensures the company can continue to operate in a crisis. The key building blocks are an up-to-date hygiene concept, a crisis team with clear responsibilities, a communication plan, and workable remote work arrangements.

Even though the acute pandemic phase is over, legal obligations under the Occupational Health and Safety Act and the Biological Agents Ordinance remain in force. Companies that update and document their plans now will be better prepared for new waves of infection – or other crisis scenarios.

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Sources

• Arbeitsschutzgesetz (ArbSchG) – German Occupational Health and Safety Act. Federal Ministry of Justice, 2023. https://www.gesetze-im-internet.de/arbschg/
• SARS-CoV-2-Arbeitsschutzregel – SARS-CoV-2 Occupational Safety and Health Rule. BAuA – Federal Institute for Occupational Safety and Health, 2021. https://www.baua.de/DE/Angebote/Aktuell/Meldungen/2020/pdf/Arbeitsschutzregel-SARS-CoV-2.pdf
• Infektionsschutzgesetz (IfSG) – Protection Against Infection Act. Federal Ministry of Justice, 2023. https://www.gesetze-im-internet.de/ifsg/
• Biostoffverordnung (BioStoffV) – Biological Agents Ordinance. Federal Ministry of Justice, 2023. https://www.gesetze-im-internet.de/biostoffv_2013/
• Federal Ministry of Labour and Social Affairs (BMAS): Recommendations for Businesses, 2022. https://www.bmas.de/DE/Arbeit/Arbeitsschutz/sicher-und-gesund-arbeiten/corona.html
• DGUV Guidance on Coronavirus. German Social Accident Insurance (DGUV), 2021. https://www.dguv.de/
• IHK Guide: Company Pandemic Plan. Association of German Chambers of Industry and Commerce, 2021. https://www.ihk.de/