REASONS FOR THE GENERAL REGULATIONON MEASURES NECESSARY TO CONTROL THE SPREAD OF THE CORONAVIRUS SARS-COV-2 FROM 17.03.2021 - ERFURT.DE
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
Reasons for the General Regulationon measures necessary to control
the spread of the coronavirus SARS-CoV-2 from 17.03.2021
General
The legal grounds for the general regulation are § 28 para. 1 sentence 2 of the German
Protection Against Infectious Diseases Act (IfSG) in connection with § 13 para. 1 and 2
of the 2. Thuringian SARS-CoV-2 infection protection basic regulation (2. ThürSARS-
CoV-2-IfS-GrundVO) in its currently valid version.
The capital city of Erfurt, municipality, is the competent authority to order protective
measures according to § 28 para. 1 sentence 1 and 2 IfSG in the geographical scope under
its administration, pursuant to § 2 of the Thuringian Regulation on the Assignment of Re-
sponsibilities and on the Transfer of Authorizations according to the German Protection
Against Infectious Diseases Act
(ThürIfSGZustVO).
If sick persons, suspected sick persons, suspected contagious persons or carriers of the dis-
ease are detected or if it emerges that a deceased person was sick, suspected of being sick
or a carrier of the disease, the competent authority shall take the necessary protective
measures, in particular those specified in §§ 29 to 31 IfSG, in accordance with § 28 para. 1
sentences 1 and 2 IfSG, insofar as and for as long as it is necessary to prevent the spread of
transmissible diseases. Under these conditions, the competent authority may restrict and
prohibit events or other gatherings of people or regulate the wearing of mouth-and-nose
coverings.
According to § 13 of 2. ThürSARS-CoV-2-IfS-GrundVO
In the event that a risk value of 50 new infections per 100,000 inhabitants is exceeded, the
competent authority pursuant to § 12 para. 1 shall take further necessary measures under
the infection control law after consultation with the higher and supreme supervisory au-
thorities for the period during which the risk value of 50 new infections per 100,000 inhab-
itants is exceeded plus a period of seven further days.
Since February last year, the acute respiratory disease Covid-19 caused by the coronavirus
SARS-CoV-2 has been spreading in Germany. So far, 2,581,329 people have been tested pos-
itive for the virus throughout Germany (as of 16.03.21). In Erfurt, there are a total of 5645
confirmed cases of infection and 213 deaths. (As of 16.03.21, 08:00 a.m.)
In the entire city area, people infected with the SARS-CoV-2 pathogen and suspected of be-
ing infected in the sense of § 2 No. 4 and 7 IfSG have been identified through correspond-
ing tests and detected relevant contacts with infected persons and have been ordered to be
quarantined without exception. Despite this individual protective measure in combination
with the Corona regulations of the Free State of Thuringia, the number of cases has in-
creased. In addition to various outbreaks within various elderly homes, medical facilities
and community facilities, the infection incidence is mainly caused by individual infection
incidents in professional as well as private contexts. However, individual sources of infec-
tion are currently no longer identifiable; the spread of the virus over the entire city area
1suggests that there is a continuous circulation among the population. In addition to
asymptomatic cases, there has also been an increase in symptomatic cases requiring medi-
cal treatment. The numbers of inpatient admissions, which declined in recent weeks, are
stagnating, but with new infection figures currently on the rise again, increasing work-
loads must be expected in the hospital sector as well. The current risk assessment of the
RKI from 15.03.2021 states: "The decline in the number of COVID-19 cases in intensive care
units is also not continuing, but the ICU occupancy with COVID-19 cases is currently stag-
nating or slightly increasing. Severe COVID-19 illnesses requiring hospitalization are also
affecting people under 60 years of age."
Therefore, it is essential to avert further burden on the public health system or its complete
overload, as it is already reaching its maximum capacities and the load on laboratory ca-
pacities is also increasing.
Within Germany, infection rates remain at a high level. The Robert Koch Institute (RKI) as-
sesses the overall health risk for the population as very high. Thuringia, with an incidence
of 166.6 (as of 16.03.21), significantly exceeds the average German incidence rate. The sit-
uation is aggravated by the fact that a new virus variant (B.1.1.7) has also been detected in
Thuringia, for which there are clinical-diagnostic and epidemiological indications of in-
creased transmissibility as well as more frequent severe cases. For Erfurt, 88 cases of alarm-
ing variants of the SARS-CoV-2 virus have been detected. A fast, effective and constant re-
duction of the number of cases below a maximum level of 50 new cases per 100,000 inhab-
itants in 7 days must therefore be consequently aimed at without delay. Based on these
facts, further population-related anti-epidemic protective measures must be taken to slow
down the spread of the pathogen SARS-CoV-2 and to prevent a spread that can no longer be
controlled.
The measures are based on the decisions of the conferences of the Federal Chancellor with
the heads of government of the federal states and on the recommendations of the RKI on
preventive and anti-epidemic measures which rely on current research studies.
For the following reasons, the infection situation in Erfurt requires regulations that go be-
yond the current Thuringian Regulation on Extraordinary Special Measures to Stop an Ab-
rupt Spread of the Coronavirus SARS-CoV-2:
The age spectrum of the infected persons is not limited to an age group worthy of protec-
tion, but extends over the entire lifespan, which suggests a variety of transmission paths,
both in elderly and nursing homes, in public, as well as in work and private settings. In ad-
dition, there is a diffuse spread of SARS-CoV-2 infections in the population, without infec-
tion chains always being clearly traceable. In various cases, the exact setting of infection
cannot be identified.
Another reason for transmissions of the virus in all areas is the high population density.
This is manifested in illnesses in all parts of Erfurt.
Erfurt has many transregional workers, visitors and commuters, both in the medical and
other professional contexts, which makes it difficult to control the incidence of infection
through registered infections.
2The hospitals in Erfurt record a high number of COVID-19 patients. The Helios Klinikum as a
level 1 hospital is heavily burdened. Due to the pandemic, there are severe staff shortages
both in the inpatient area as well as in the nursing area. At the same time, the public
health service is at the limits of its capacity and performance. Here, the containment
measures must be implemented as quickly and effectively as possible to end or prevent an
overload.
Moreover:
Reasons for 1.)
The obligation to wear a mouth-and-nose-covering or face mask has been extended and is
based on the decision of the federal government and the states of 14.10.2020 for extended
measures if the incidence mark of 50 per 100,000 inhabitants is exceeded.
This is specifically extended to areas in which both citizens of the state capital Erfurt and
the regulatory authorities have repeatedly found crowds of people and public attendance
that make it impossible to maintain the minimum distance. Particular attention has been
paid to highly frequented areas such as bus stops, pedestrian zones, weekly markets and
street underpasses, in order to implement the experiences gained during checks and obser-
vations of the urban landscape in recent weeks with regard to compliance with the manda-
tory minimum distance. Moreover, this measure is taken to tackle the issue of the
transregional origin of pedestrians as well as the settlement density of Erfurt.
The existing provisions in the general regulation of the state capital Erfurt of 24.02.2021
on the wearing of mouth-and-nose coverings in no. 1 para. (1) (old) regarding the following
points can be omitted:
a. where overnight stays are permitted under the Special Containment Measures Reg-
ulation, in publicly accessible areas of lodging establishments and their catering
areas, such as corridors, lobbies, elevators, guest rooms, etc., for customers and
staff, excluding persons seated at tables
b. when entering and staying in indoor traffic areas of shopping centers, and
c. when using private transport services with the exception of persons of the own
household in the city area of Erfurt,
as corresponding regulations are stipulated in §§ 5 para. 1 no. 1 and no. 3 of the 3rd Thür-
SARS-CoV-2-SonderEindmaßnVO, or in § 6 para. 1 of the 2nd ThürSARS-CoV-2-IfS-GrundVO.
The regulation in no. 1 para. (1) letter (now) a. addresses the re-opening of body-related
services that has already taken place. With the opening of hairdressing, nail, cosmetic,
tattoo, piercing and massage studios, a uniform level of protection in accordance with the
current and individual risk assessment is required. This results in only a minimal tighten-
ing aspect to the specific industry regulations. Switching from medical mouth-and-nose-
protection to FFP2 masks within a customer appointment for the period in which the cus-
tomer cannot wear the mask "for a short time" is not comprehensible from the point of
view of infection hygiene. Putting on and taking off protective masks properly outside of
the customer area during a customer appointment seems to be impractical and far from
feasible.
3If the certified face mask is slipped, moved, or even briefly aired by the customer or in the
course of activities on the customer, there are risky situations in which there is an in-
creased risk of transmission. This can result in the release of highly virus-contaminated
aerosol clouds, which pose a significantly increased risk of infection for the person oppo-
site of one Accordingly, the recommendations of the Federal Institute for Industrial Safety
and Occupational Medicine (BAuA) and the ad-hoc working group "Covid-19" on the use of
protective masks in the workplace have been adapted as of 20.01.2021. In contrast to the
Bavarian state ordinance, for example, the Thuringian state regulation does not require
customers to wear FFP2 masks. However, the medical mouth-and-nose protection does not
provide self-protection. The FFP2 mask therefore primarily serves to protect employees,
who can, however, also act as carriers due to the high number of occupationally relevant
contact situations. Corresponding breaks in wearing the mask can be arranged and imple-
mented outside of the regular break times, including during times when appointments are
being made, consultations are being held, etc. This corresponds to the industry regulation
(mouth-and-nose-protection by all persons present). The FFP2 mask or mask with an equiva-
lent protection standard must therefore be worn for the time the body-related service is
provided. Due to the high number of new infections in Thuringia and Erfurt, associated
with the additional occurrence of virus mutations, especially in Erfurt, and the current lack
of authorization for the vaccination of the respective occupational group, the ordered
measure is necessary. This protective measure is in the interest of the companies and shall
serve as a protection of employees as well as a protective measure for the population,
which is intended to contain the further spread of the virus.
Number 1 para. 3 specifies that a person who claims to be exempt from wearing a mouth-
and-nose protection for health reasons may prove this exemption either by submitting a
qualified medical certificate or by obtaining an authorization from the public health de-
partment. One the one hand, this fulfills the aim of only permitting exemptions that are
actually medically justified, and, on the other hand, enabling the exempted person to pro-
tect his or her medical data in everyday life. Thus, data protection is taken into account at
this point without reducing the level of the required credibility.
Reasons for 2.)
The consumption of even small amounts of alcohol may reduce the brain's inhibitory and
controlling functions and alter the consumer's general perception and behavior to a slight
or even severe extent. As a result, people may be less attentive or careless. Such impaired
behavior may impede compliance with infection control regulations and promote the
spread of the pandemic. The regulatory authorities of the state capital Erfurt have repeat-
edly observed that alcohol consumption reduces the acceptance of the implemented infec-
tion hygiene measures. Therefore, countermeasures must be taken to prevent the spread of
the virus. The current regulation is based on § 3a of the 3. ThürSARS-CoV-2-
SonderEindmaßnVO. Hence, the serving of alcohol in public areas is generally prohibited.
Furthermore, the consumption of alcohol is to be prohibited in designated areas, which
have been defined and marked accordingly to the designated geographical scope in which
the wearing of a mouth-and-nose-covering in public areas is mandatory.
Reasons for 3.)
4The measure is based on ThürSARS-CoV-2-SonderEindmaßnVO. The current infection situa-
tion is critical, as it exceeds the critical threshold of 35, or even 50 new cases per 100,000
inhabitants by far, and no exceptions can be made at present. Thus, a case-by-case exami-
nation is not effective from the current point of view and weakens the already overloaded
resources of the public health service.
Reasons for 4.)
The maximum number of participants admitted to a gathering, which is incidence depend-
ent, and its proclamation are based on the Thuringian Special Containment Measures Reg-
ulation (Sondereindämmungsmaßnahmenverordnung). Symptomatic persons are already
excluded from attending a gathering in advance by means of a general regulation.
People who are ill or suspected of being ill or infected must be excluded before coming to
or even entering the assembly area in order to prevent transmission of the SARS-CoV-2 virus
to other participants. The protective measure at this point would be absurd if merely in-
cluded in the notice of requirements; therefore, it was necessary to establish it by means of
a general regulation.
In order to ensure the prevention of infections, the responsible person should provide in-
formation regarding the infection hygiene measures to be complied with, which shall be
defined in a safety concept, at an early stage. All information channels which also served
the announcement of the respective gathering should be used to spread this information.
Once again, it is emphasized that the person registering a gathering is responsible for the
presentation of such a concept, as well as for its implementation.
Milder, equally effective means to achieve the abovementioned purpose do not exist.
Reasons for the deletion of no. 5. (old) of the general ruling of 24.02.2021 regarding funer-
al ceremonies and civil marriages
With regard to the general maximum number of persons at funeral ceremonies and civil
marriage ceremonies, the level of protection in accordance with § 3 para. 2 no. 6 of the 3.
ThürSARS-CoV-2-SonderEindmaßnVO serves as a basis, so that no. 5 (old) has been removed.
For civil marriage ceremonies, the hygiene requirements on site are considerable. The
number of persons depends on the size of the wedding hall and the applicable distance
and hygiene regulations, in accordance with the Thuringian SARS-CoV-2 regulations and
the Corona-ArbSchV of the Federal Ministry of Labor and Social Affairs. Currently, up to 5
persons besides the registrar are allowed in the three wedding halls of the registry office
(min. 10m²/person).
Reasons for 5.)
Unless a general permit has been issued by the upper health authority or the public health
department in accordance with the Thuringian Special Containment Measures Ordinance,
religious events and gatherings with more than 10 participants must be notified to the
public health department with an appropriate infection control concept. The minimum
standards required to ensure infection hygiene protection requirements and thus to mini-
5mize the risk of transmission are defined in the general regulation. The extension of the
permissibility of religious events to demarcated church gardens and courtyards makes it
possible to hold religious events in the open air, but to a controlled extent, which leads to a
minimization of the risk of infection compared to religious events in closed rooms.
Reasons for 6.)
The hospitals in Erfurt are currently responsible for patients from all over Thuringia during
the pandemic. Despite the inpatient admissions of COVID-19 diseases, the hospitals are
faced with the challenge of maintaining regular operations as far as possible and compen-
sating for staff shortages caused by quarantine measures. As a LEVEL-1 hospital, the Helios
Klinikum is responsible for a large part of the severe COVID-19 cases.
Maintaining functional capacity is therefore a top priority in view of the massive increase
in symptomatic COVID-19 patients. The restrictions on visitors' rights anchored in the
ThürSARS-CoV-2-IfS-GrundVO are not sufficient given the large number of patients, the
overall transregional structure of patients and visitors, and the currently uncontrolled in-
cidence of infection. Therefore, hospitals have already imposed a ban on visitors in accord-
ance with their in-house regulations, which are binding and directed at the general public.
The facility management may make deviating arrangements in justified individual cases,
so that reasonableness is ensured.
Reasons for the deletion of no. 8 (old) of the general regulation of 24.02.21 concerning
the buildings of the city of Erfurt
§ 6 para. 1 of the 3.ThürSARS-CoV-2-SonderEindmaßnVO generally prohibits events pursu-
ant to § 7 of the 2. ThürSARS-CoV-2-IfS-GrundVO. Therefore, the provision in no. 8 (old) be-
came void and needed to be removed, consequently. The prohibition of events according to
§ 6 para. 1 of the 3. ThürSARS-CoV-2-SonderEindmaßnVO is to be complied with directly
without further regulation. Note: The permissibility of sports events without public traffic
is regulated accordingly in the ThürSARS-CoV-2-KiJuSSp-VO with reference to the currently
valid phase.
6You can also read
