In Switzerland, all coronavirus measures have been lifted since April 1, 2022, and the Federal Council has declared the "special situation" to be over. In Germany, except in so-called hotspots and generally on public transport and in healthcare facilities, masks have no longer been compulsory since April 3, 2022, and 3-G and testing requirements have been reduced.

However, in April 2022, a Covid test will take place before the event at Rock Shox training courses at the Swiss Sram distributor Chris Sports AG and it will be mandatory to wear mouth and nose protection.

Moritz Dittmar - MTB Communications Specialist, Northern Europe at Sram Deutschland GmbH - provides the following information: "There is an obligation to carry out a quick test on site. Participants are welcome to take off their masks at the stations, provided that a distance of 1.5 meters is maintained."

Dittmar goes on to explain that the basis for these safety precautions is the Occupational Health and Safety Ordinance in Bavaria. Since March 17, 2022, this has required an individual risk assessment for each company, which, according to Dittmar, is not publicly accessible. Sram Deutschland GmbH is continuously adapting its internal protective measures "with the aim of protecting all employees and their families". According to Dittmar, Sram Deutschland GmbH implements these measures within the framework of its house rules. However, this domiciliary right does not apply in Switzerland, Dittmar continues, explaining why the coronavirus protection measures are being implemented in Switzerland: "We welcome the fact that Chris Sports AG respects our safety measures and implements them at the event within the framework of its own domiciliary right in order to ensure the protection of our employees."How far can domiciliary rights go?

There is currently controversy among German lawyers as to the extent to which domiciliary rights can circumvent the current legal situation in Germany with so-called basic protection measures within the framework of public law. In an interview with Welt.de, Niko Härting, lawyer and professor of commercial law in Berlin, considers it clearly unlawful for authorities, courts, schools or libraries to require visitors and guests to wear a face mask. The reference to domiciliary rights is not relevant here, Härting told Welt.de.

However, there is no public-law framework for the further training in question; private-law provisions and, as it were, private-law domiciliary rights apply here. Colloquially speaking, mask requirements and testing requirements may be demanded here, but here too, legal experts from Germany disagree on the extent to which domestic law can circumvent the basic protective measures enacted by the Bundestag. When asked by Ride, Härting says that more details would be needed in the further training case. "This is probably a civil law question that cannot be answered without knowing the contractual relationship between the parties involved," said Härting.

Satisfied participants

Marcel Boller, President of the Association of Swiss Bicycle Suppliers and full-time lawyer at a law firm in Zurich, has also looked into the matter: "It is difficult to make a conclusive assessment, as the facts of the case are international. In principle, an employer must also protect the health of employees on a business trip as part of its duty of care. For a German employer, this means that it must also apply the rules of German occupational health and safety law to employees attending a meeting abroad. Provided that German occupational health and safety law provides for these requirements, which I cannot assess, the procedure is not problematic in my view."

Hans Zihlmann, Manager Business Unit Hardgoods at Chris Sports, has positive feedback on the training: "The atmosphere at the training was great. The participants learned a lot and didn't want to go home in the evening. The test in the morning was completed quickly. The mask requirement only had to be implemented a little, as we were almost always able to keep enough distance. For us, carrying out the training was the top priority and the participants told us that they were very happy that the event could take place."