Juristips of Girán Abogados & Asociados

HEALTH REGULATIONS OF SOCIAL RESPONSIBILITY IN THE FACE OF THE PANDEMIC CALLED CORONAVIRUS . MINISTRY OF PEOPLE’S POWER FOR HEALTH RESOLUTION Nº: 090 . OFFICIAL GAZETTE Nº 41891 FROM 06/01/2020

The Ministry of Popular Power for Health has established a special regulation of social responsibility in the face of the pandemic, to be complied with within the workplace, both by workers and employers. This health regulation is equally applicable to work units, commercial activities, banking, transportation, registries, notaries, religious ceremonies, among others.

Minimum occupational safety conditions that must be implemented:

  1. The work center must guarantee the sanitary and hygiene conditions that regulate the PRESIDENTIAL COMMISSION ON COVID 19 , in strict adherence to the epidemiological parameters of the Ministry of the Popular Power of Health, the governing body on the matter.

Consequently, it is to be expected that this Commission will issue a more explicit Regulation shortly.

  • The work units whose operation is authorized must carry out periodic cleaning at least two (2) times per working day. Hygiene or disinfection in the workplace must be carried out with soap and water, 0.1% hypochlorite or 70% alcohol solution.

Worker’s obligations:

  1. Consume food and beverages, only in spaces specially designated for such purposes in the work units.
  • Likewise, in the work centers, each worker must have his own glass or cup for individual use, not ingest liquids directly from the primary container that contains them, bottle or jug, as well as avoid sharing utensils for personal use, glasses, plates, cutlery , towels, among others.
  • Workers in commercial premises who handle banknotes, debit or credit cards or any customer document, must use solutions or gels with 70% alcohol after serving each customer.
  • Any other that contributes to minimizing the effects of Covid19 in the work units in accordance with the guidelines of the governing body in health.

Employers’ obligations:

  1. Guarantee the functioning of the Occupational Health and Safety Committee, and its articulation with the respective ASIC. These Committees will be subject to the requirements demanded by the epidemiological authority.
  • Prepare a registry of workers suffering from chronic diseases through the occupational health and safety services.
  • Provide hygiene supplies: such as liquid soap, disposable towels, disinfectants, alcoholic gel and / or liquid alcohol; as well as closed containers or bags for the disposal of towels and tissues.
  • Ensure the availability of masks for workers.
  • Adapt the spaces to guarantee social distancing, and with it the working hours to adjust the density of occupation of the institutions, carry out special shifts if the case.
  • Minimize face-to-face meetings and implement video conferencing.
  • Organize your work in a special way in the national emergency, in order to reduce unnecessary or substitutable influxes with remote work or telework.
  • Promote, as far as possible, the territorialization of its workers, facilitating the transfer to offices close to their places of residence, to reduce unnecessary travel, as well as promoting teleworking.
  • Organize sufficient spaces for the dining room function, with hygiene and social distancing conditions, as well as defining schedules, if necessary to guarantee the density of occupation of the spaces, complying with social distancing.
  1. Open to the general public, provided that the authorization of operation in the respective territories and economic sectors is established, by the Presidential Commission for the emergency of Covid19, in the hours and conditions that are determined.
  1. Restrict access to institutions or companies for people with any symptoms of acute respiratory disease such as fever, cough, frequent sneezing, general malaise or diarrhea.

Epidemiological Surveillance and Timely Attention

The Occupational Health and Safety Committees of the productive units, must assume the specific health functions associated with the national emergency of the Covid19 epidemic in the respective work units.

To this end, they must carry the control and reporting mechanisms instructed by the national authority.

In the event that a unit of work, commerce, transport and any other activity that is authorized does not have the epidemiological control and monitoring mechanisms associated with the Covid19 epidemic, this work unit It will not be able to provide services until it generates the necessary guarantees for public health and social responsibility.

Company’s own transport for its workers:

  1. Establish at the stops, stations or terminals of the respective route, the appropriate signage for social distancing.
  • Carry out the temperature control at the entrance of the transport units.
  • Access the periodic evaluation of workers’ health by the Occupational Health and Safety Committee or, in its absence, the popular clinic or health establishment arranged for that purpose, who will request and evaluate the Covid19 tests.

4. Establish special points of control, education and surveillance

Inspection:

The municipal authorities, as well as the national regulatory entities of the activities and establishment authorized to initiate activities, will be responsible for supervising compliance with the hygiene and epidemiological care regulations.

The Autonomous Service of Sanitary Controllership, attached to the Ministry of Popular Power for Health, within the scope of its powers, will monitor compliance with these regulations and apply any sanctions that may be applicable.

Validity:

This Resolution entered into force as of its publication in the Official Gazette on June 1, 2020.

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