Testing requirements for visiting employees

Despite the general re-opening of society and removal of the majority of COVID-19 related restrictions, employers should still be aware of  the requirement of COVID-19 testing for employees visiting Denmark from aboard. Employers are still required to ensure that visiting employees are PCR tested and must also show that a written testing plan in place. In addition, employers are also obligated to prevent infection amongst employees staying in work provided accommodation. These rules will remain in place until 1 November 2021, where it is envisaged that they will be repealed.  

Rules on testing

Since February 2021, employers have been obligated to ensure that all visiting employees are PCR-tested for COVID-19 no earlier than 48 hours and no later than 120 hours after employee has been tested negative for COVID-19 prior to entry into Denmark.

In June, the rules were slightly changed as the test requirement no longer applies to people who have been vaccinated against COVID-19 and who also have permanent residence in an EU, Schengen or OECD country or enter from a country that is marked with the colour code green as stated in Appendix 1 of the test order.

However, for fully vaccinated persons who have resided in a red country or visited a red region within 10 days prior to entry into Denmark, the test requirement still applies. The red countries appear from appendix 2 of the test order.

Plan for test

 Employers are still required to show that they have planned for testing, even if an employee is not covered by the testing requirement, therefore all employees must appear on the testing plan. The plan must include the names all visiting employees, the country they have entered from and the dates of the test. The plan must contain information on how the employer has informed the employees about the requirement for PCR testing in Denmark.

In addition, employees who are covered by the exemptions to the PCR testing requirements must also be included in the plan with details as to why the employee is exempt from the testing requirement.

Special rules for providing company housing

Companies that make accommodation available to employees must also ensure that the accommodation meets several requirements in relation to the prevention of the spread COVID-19, including:

• The provision of toilet and bathing facilities as well as dining and kitchen facilities in the accommodation which can be used by all employees/residents.
• It must be possible to always keep at least 1 meter of physical distance between those residing in the accommodation
• The home must be arranged so that each employee has at least 4 m2 available when staying together in common living areas.
• There must be visible signage about the maximum number of people per. room, visible overview with instructions in cleaning and hygiene rules and line markings for distance.
• There must be access to a washbasin with soap and access to rubbing alcohol, especially in shared living and living areas.
• The individual employee must have their own bed.

At the same time, an employer providing accommodation must also prepare a plan relating to housing conditions. The plan must be in writing and should detail the address of the accommodation, the size of the accommodation, number of people residing in the accommodation and a description of how the employer has considered the prevention of the spread of covid-19 during stays in the accommodation. The plan should also include how the employer has instructed the employees in frequent and efficient cleaning and hygiene and how the employer follows up to show these instructions are followed.

If you need any assistance in developing the plans mentioned above or need further advice in connection with the above please contact Mette Klingsten Law Firm at cwi@mklaw.com