Employers shall now test visiting workers for COVID-19

On 2 February 2021, the Danish Parliament passed a new act ordering employers employing workers visiting from other countries to have these employees tested for COVID-19 after entry into Denmark.

"Visiting workers" means workers that cross national borders to Denmark to work and live for a temporary period. Therefore, the act does not apply to persons resident in Denmark. As regards employers who can themselves be qualified for visiting workers, they must ensure that they are tested for COVID-19 after entering Denmark. The same applies to self-employed persons without employees.

The written documentation requirements

Employers covered by the rules of the act must be able to document to the Danish Working Environment Authority that tests for COVID-19 have been carried out, or that the person in question is exempt from the requirement for testing. In addition, the employer shall draw up a written plan containing the following:

• Information on how the employer informs employees about the covid-19 test in Denmark.
• A list of employees who have entered Denmark, including information on the country, region or area from which the employees have entered, information on the date of the COVID-19 test, etc.

The above plan must be continuously updated in connection with the entry of the visiting workers into Denmark, and the plan must furthermore be presented to the Danish Working Environment Authority on request.

If the employer does not comply with the above rules, the company may be fined.

A new announcement

The rules on the time when the COVID-19 test is to be carried out after entry into Denmark will be laid down in a government order. The same applies to the determination of the countries, areas and regions covered by the act.

Contact us

You are welcome to contact DLA Piper’s Employment Department if you have any questions about the new act on duty to test visiting workers for covid-19.