MNSTER (dpa-AFX) – Teachers may be obliged to supervise corona tests in schools. This was decided by the Münster Administrative Court in an urgent ruling published on Thursday (Ref .: 5 L 276/21 of May 3). A teacher working in the Coesfeld district had complained. She had resisted her obligation to guide and supervise the students at her school in the use of self-tests.
According to the court, she argued that she was obliged to do an activity that was outside of her education, her job description and her qualifications. Rather, this should be viewed as an activity in the general state field of public health care. She is also not vaccinated and therefore exposed to unreasonable health risks when supervised.
The court saw it differently. The instruction to supervise the students does not violate the teacher’s rights. The civil servant’s right to welfare by the employer does not give rise to a right to find a “zero risk situation” at the school. Comprehensive health protection during a pandemic situation cannot be ensured.
In addition, the teacher had not made credible that she was exposed to unreasonable health hazards during supervision. The specific design of the supervision reduces the risk of illness to an acceptable level for the applicant. Teachers’ duties to advise, supervise and supervise also include carrying out self-tests. There could be no question of an activity in the field of general health care.
The decision is not final. The teacher, however, can lodge a complaint with the Higher Administrative Court of North Rhine-Westphalia./tob/DP/fba