Definition and Legal Classification of Shedders
The term “shedder” refers, in legal context—particularly in infection control law—to a natural person who excretes pathogens through stool, urine, or other means, without exhibiting symptoms of illness themselves, or who continues to shed pathogens after having recovered from an illness. Shedding can occur even without any recognizable symptoms, allowing the shedder to remain unnoticed by those around them. The legal significance is particularly important in the areas of public health, infection prevention, labor law, and food law.
Legal Basis for Shedders
Provisions in the Infection Protection Act (IfSG)
The primary statutory regulation for shedders is found in the Infection Protection Act (IfSG). According to § 2 No. 6 IfSG, a shedder is a natural person who “excretes pathogens without being ill, having been ill, or being suspected of illness.” The regulations focus particularly on surveillance, notification obligations, examinations, employment prohibitions, and associated protective measures.
Notification Obligations
The Infection Protection Act regulates notification obligations for identified shedders of certain pathogens (§§ 7, 8 IfSG). The responsible public health authority must be informed when shedding of specific pathogens—such as Salmonella, Shigella, or enterohemorrhagic Escherichia coli—has been detected in a person. The notification obligation serves to monitor and contain communicable diseases.
Employment and Activity Bans
According to § 42 IfSG, shedders who excrete pathogens are subject to an activity ban, particularly when handling food. Anyone working as a shedder and having direct contact with food or distributing it may only engage in these activities with the express consent of the public health authority. The bans are intended to prevent the formation of infection chains through food.
There are also appropriate regulations for other occupational groups aimed at preventing the spread of infections, for example, in healthcare or childcare facilities.
Mandatory Examinations and Duty to Cooperate
The public health authority may require shedders, in accordance with § 25 IfSG, to participate in examinations or submit examination results. These measures serve to clarify the infection situation, prevent further transmission, and, if necessary, monitor when shedding ends.
Significance of the Term Shedder in Relation to Infection Control
Public Interest and Protection of the Population
The legal significance of the term shedder lies in the public interest in the prevention and control of infectious diseases. Individuals who shed pathogens constitute a potential source of infection, even if they exhibit no symptoms themselves. Therefore, lawmakers impose strict notification and examination requirements to prevent undetected spread of infections.
Distinction from Infected or Suspected Persons
Legally, a shedder is clearly distinguishable from infected, suspected, or possibly contagious individuals. While these groups are characterized by symptoms or sufficient suspicion, these are often absent in shedders; thus, enhanced control instruments are intended to reduce the risk of transmission.
Shedders in Labor Law and Food Law
Impact on Employment Relationship
If a person is identified as a shedder, this can have immediate effects on their existing employment relationship. Activity prohibitions may be issued in accordance with the IfSG. Investigations by the public health authority may also lead to measures that require the temporary or permanent reassignment of work duties.
Employers are required by § 43 IfSG to instruct their employees regarding the regulations on handling food and to ensure that legally required medical examinations are carried out.
Shedders under Food Law Provisions
The food law provisions supplement the IfSG by imposing comprehensive hygiene requirements on persons working in the food sector. § 42 Para. 1 IfSG explicitly states that shedders may not perform activities in which there is a risk of food contamination without the consent of the competent authority. Violations are regulatory offenses and may be punished with fines or further labor law consequences.
Data Protection and Reporting Obligations
The determination of the status as a shedder is subject to data protection requirements. Data disclosure is done in accordance with § 16 IfSG in conjunction with state data protection regulations and only to competent authorities. Informing additional parties is only permitted to the extent provided by law, such as necessary notifications of employers of certain occupational groups.
Measures and Rights of the Persons Concerned
Ordering of Protective Measures
The public health authority may order further protective measures (§ 28 IfSG) against a shedder, such as isolation, contact restrictions, or restrictions on freedom of movement. If necessary, coercive measures may also be ordered by a court if voluntary cooperation is lacking and there are significant risks to public health.
Legal Remedies and Legal Protection
Affected persons have legal remedies available against administrative measures based on their shedder status under general administrative law provisions. In particular, they may file objections and appeals in the administrative courts.
Sanctions for Violations
Violations of employment bans, orders from the public health authority, or notification obligations may be penalized with fines (§ 73 IfSG). Intentional or negligent endangerment of third parties may also lead to additional criminal consequences, for example under § 74 IfSG, if such behavior facilitates the spread of communicable diseases.
Summary
The legal category of shedders plays a central role in German law, particularly in infection control and food law. It serves to protect the public from the spread of infectious diseases caused by notifiable pathogens and allows for targeted measures to control sources of infection in the public interest. Statutory provisions comprehensively regulate notification, examination, and employment bans, connecting them with measures to safeguard public health. Handling the status of shedder is complemented by data protection requirements and administrative legal protection.
Frequently Asked Questions
What legal notification obligations apply to shedders under the Infection Protection Act (IfSG)?
Under the Infection Protection Act (IfSG), there are comprehensive notification obligations for shedders of certain pathogens. According to § 6 Para. 1 No. 1 and § 7 Para. 1 IfSG, physicians and laboratories are required to immediately report detection of specific pathogens to the competent public health authority. This applies especially to individuals who shed pathogens without being ill or showing symptoms. The report must be person-specific and include the following details: first and last name, date of birth, gender, address, type of pathogen or infection, date of diagnosis, as well as contact information of the reporting physician or laboratory. For certain pathogen groups, such as Salmonella, Shigella, or hepatitis viruses, identifying a shedder is crucial for initiating further infection control and administrative measures. The purpose of data transfer is to identify potential sources of infection and prevent transmission. Violations of the reporting obligation can be penalized as regulatory offenses with fines (§ 73 IfSG).
What activity bans apply to shedders in the food sector?
For shedders of certain pathogens, special activity bans exist under §§ 42 and 43 IfSG, especially for individuals who come into professional contact with food or supervise communal facilities. Shedders of Salmonella, Shigella, enterohemorrhagic Escherichia coli (EHEC), hepatitis A or E viruses, and other pathogens are not permitted to engage in activities where they may directly or indirectly come into contact with food intended for human consumption. The regulation also applies to individuals working in kitchens or communal catering facilities (e.g., kindergartens, schools, hospitals, retirement homes). The employment ban must remain in place until appropriate microbiological tests show that the affected shedder is no longer infectious. Violations of these provisions are also punished as regulatory offenses or, in serious cases, as criminal offenses.
What duties to cooperate and notify do shedders have towards authorities?
Shedders are legally obliged to cooperate with official measures to avert danger. Under § 16 IfSG, authorities can order the shedder to tolerate or perform certain examinations and measures, for example, repeated stool tests to assess shedding status. There is also a duty to inform the competent authority of relevant changes, such as the end of shedding, change of workplace, or onset of symptoms. Active endangerment of others by knowingly disregarding orders may lead to criminal liability.
What rights do shedders have in proceedings with the public health authority?
In administrative proceedings, shedders have various rights, including the right to be heard, access to files, and the right to information about measures taken against them and their justification (§ 28 IfSG in conjunction with the administrative procedure acts). Before measures such as employment bans or quarantine are issued, the authority must hear the affected person. While measures are in force, shedders have the right to appeal (objection and legal action). Such measures must be proportionate, meaning they must not go further than necessary to prevent the spread of the pathogen.
Is there a right to compensation for employment bans imposed on shedders?
Yes, pursuant to § 56 IfSG, there is a right to compensation if a shedder is prohibited from working by official order and thus suffers a loss of earnings. The compensation corresponds to the loss of earnings and is paid by the employer for the first six weeks, thereafter by the competent authority. The prerequisite is that the employment ban was officially imposed by the public health authority and the person concerned meets the requirements for an employment ban under the IfSG.
How long can an official employment ban for shedders be maintained?
The duration of an employment ban depends on the individual case and legal requirements and is subject to ongoing review. An employment ban may only be maintained as long as there is a risk of infection. This is generally verified through repeated microbiological testing. If there is no longer any indication that the person poses a relevant infection risk, the ban must be lifted. The deadlines and requirements for lifting the ban are based, among other things, on recommendations from the Robert Koch Institute and the relevant pathogens involved.
Who covers the costs of examinations and measures relating to shedders?
Cost coverage for examinations and preventive measures as part of official monitoring of shedders is regulated by law. In principle, according to § 69 Para. 1 S. 2 IfSG, the federal state or competent authority bears the costs of examinations necessary to determine or monitor the shedder status, provided these were ordered officially. The cost of voluntary examinations not conducted in the context of an official order must be borne by the individual or by their health insurance fund if included in its benefit catalog.
Can additional obligations, such as hygiene training, be mandated for shedders?
Yes, the public health authority may, in individual cases and in addition to employment bans or monitoring measures, prescribe further obligations, such as mandatory participation in specific hygiene training. The aim is to strengthen the shedder’s personal responsibility and raise risk awareness for infection prevention. The requirement for such training can be imposed by the authority at its discretion for the protection of the public and is regularly combined with other infection prevention requirements. Compliance with such obligations is monitored by the public health authority.
