Juristip: Municipal Ordinance – Estredaination and Biosecurity in the Liberator Municipality

MUNICIPAL ORDINANCE ON SPECIAL CONDITIONS OF PHYSICAL ESTATING AND BIOSECURITY FOR THE PREVENTION OF COVID-19 CONTAGION IN THE LIBERATOR MUNICIPALITY OF THE CAPITAL DISTRICT

Published in Municipal Gazette No. 4571 of 11/06/2020

Purpose

Implementation of procedures for strict compliance with measures issued by the National Executive, WHO for the prevention of COVID-19 contagion, in access to essential public services, goods and services.

AMBITO OF APPLICATION, NATURE AND VIGENCIA

It is strictly enforceable in the Liberator Municipality of the Capital District, both for natural and legal persons, regardless of where they have their domicile, as long as they transit or carry out activities in that Municipality.

It will apply in a special way to:

• Banking agencies
• Medical and dental offices
• Construction
• Hardware stores
• Hairdressers
• Textile and footwear
• Chemical raw material
• Mechanical workshops and auto parts
• Refrigeration and plumbing services
• Public transport

FUNCTIONS OF PEOPLE’S POWER-BASED ORGANIZATIONS

1. They shall provide the municipal authorities with the censuses available to them for the purpose of obtaining the most vulnerable age population data, establishing a data processing network.
2. They will accompany officials conducting health inspections to assess the hygienic health risks affecting their community.
3. In the event of outbreak fences or states of emergency governing driving times, they shall ensure the safeness of the inhabitants of their community.
4. Territorial Prevention and Control Brigades attached to the Urban Control Directorate are empowered to operate the measures contained in this Ordinance in conjunction with the Ministry of Health and the base organizations of the People’s Power.
5. The Mobility and Transport Brigades are empowered to jointly with INTT to operate passenger transport measures contained in this Ordinance in conjunction with the Ministry of Transport and the base organizations of the People’s Power.

FUNDAMENTAL OBLIGATIONS OF NATURAL PEOPLE

• Use of masks.
• Physical distance of one and a half meters in any public or private space, open or closed, including means of transport

LABOR OBLIGATIONS

1. Regardless of the type of activity carried out, it must adapt its performance to the content of the Ordinance.
2. Labour authorities that are allowed must be strictly subject to authorised days and times.
3. Employers shall carry out risk assessments on changes in work processes, which shall be in the participation of workers or their representatives.
4. Employers shall notify all workers of changes made.

Teleworking

The Telework mode will not affect the agreed working conditions, so your rights and benefits will not be considered affected.

Telework should be prioritized for vulnerable people:

• Pregnant
• Seniors
• With heart conditions, chronic diseases, diabetes, hypertensive, lung problems or cancer treatment.

The Teleworker must maintain the same working day of the company for which it provides services, and flexible schedules may be established.

Recommendation:

1. Publish in the Working Hours, the schedule corresponding to the teleworkers, including the days and hours of rest and food.
2. Participate in this schedule to the Teleworker.

ESTABLISHMENT OF SPECIAL CRIMES FOR NATURAL AND JURIDIC PEOPLE

1. Anyone who fails to comply with the measure of confinement, shelter or quarantine, if subject to contagion,shall be considered an acting act in a crime against public health, with the health authority and the national authorities responsible for promoting the administration of justice to be made aware.
2. Acts, actions or actions resulting in transgressions or non-compliance with the provisions of the Ordinance shall be deemed to be offences against public health on the basis of which the minor, serious and very serious sanctions are established, without remit of the case to the authorities responsible for promoting the administration of justice.
3. The imposition of sanctions shall correspond differently to legal persons who shall be liable in all cases and shall be criminally, civilly and administratively liable for punishable acts arising from non-compliance with the Ordinance.

MINOR INFRACTIONS IN JURIDIC PEOPLE

Those responsible, owners, administrators or legal representatives of an establishment whose operation maintains an influx of workers or not, who do not place and display the notice referred to in Article 11, Ordinal and the Ordinance, shall be punished with a fine equivalent to 200 Tax Units.

Such notice must be dimensions equal to or greater than 80 cm long by 50 cm wide containing the following text:

These facilities are not allowed to enter these facilities without the use of Mascarillas or Tapabocas in compliance with the provisions of the National Executive Branch and the Municipal Ordinance in thismatter.

The text must be accompanied by an illustrative symbol of a Mask or Tapaboca.

The recidivism will be considered contempt of a legal provision which will give rise to the suspension of the commercial activity proceeding to the closure of the establishment for a period of 15 working days.

SEVERE SANCTIONS ON JURIDIC PEOPLE

1. Do not strictly comply with authorized schedules.
2. Do not demarcate the distance of 1.5 meters among the people waiting for your turn.
3. Not to guarantee that any person entering the facility will have water, soap or alcohol dispensers for disinfection, or a staff intended to disinfect it, will be fined 200 Tax Units.
4. Do not disinfect the establishment at the beginning and end of the day with a solution of 100 ml of bleach or chlorine per 900 ml of water.
5. Do not disinfect surfaces that are in contact with users
6. Do not guarantee that the capacity of the establishment does not exceed 1 person per 4 square meters.

These violations will be fined 500 Tax Units

The recidivism will be considered contempt of a legal provision which will give rise to the suspension of the commercial activity proceeding to the closure of the establishment for a period of 15 working days.

VERY SERIOUS SANCTIONS ON JURIDIC PEOPLE

Crowds of citizens convened for deliberate purposes by sporting, religious institutions, political parties.

COMMENTS AND RECOMMENDATIONS

Although we cannot escape the fact that this Ordinance clearly invades the powers of the Legislative Power which is the only one with constitutional power to amend the Organic Law on Labour, Workers and Workers on the one hand; and on the other hand, the only Power that can through legislative function, establish the criminality of crimes and penalties, is no less true that this Ordinance will be enforced in a coercive manner, so our recommendation is to conform to all provisions, since the personal freedom of managers, owners, administrators or legal representatives of workplaces and establishments located in the Libertador Municipality.

On the other hand, it is expected that this Ordinance will be replicated by other Mayors of the country.

It is noteworthy that in terms of safety and health surprisingly, it is not taken into account INPSASEL, which is the body responsible for carrying out inspections of this matter, but is empowered to do so by the Basic Organizations of the People’s Power, Territorial Prevention and Control Brigades and Mobility and Transport Brigades. Not to mention ASIC, (Community Comprehensive Health Areas) to those reported by the Company’s Safety and Health Committees.

We are therefore in the presence of legislation to be enforced despite all the irregularities it presents, unless at some point it is declared invalid by the Judiciary.

LAWYERS & ASSOCIATES TURN

mgiran@giranlaw.com