The National Executive, through the Ministry of Production and Trade, has announced a series of measures for the easing of quarantine as a product of a meeting held at the Vice-Presidency of the Republic, together with the fifteen priority sectors. These measures have not yet been published in the Official Gazette, but were disclosed by the Vice-Chairperson:

Labor Day

The scheme to be used is five (5) days of work and Ten (10) days of quarantine. As reported by government authorities, this test plan, adopted by other countries, will begin and its results evaluated. Small businesses or with continuous processes will be able to adhere to this 5×10 format

The incorporation of the fifteen prioritized sectors will be progressive, so that there are fewer people on the streets and avoid crowds.

Shopping malls may open but comply with all protection rules.

Transport:

  1. There will be no public transport between cities. Quarantine is maintained.
  2. There may be mobility between states and cities with its own vehicle and with safe conduct and proof of work
  3. Transport of cargo between cities and state requires safe conduct to be requested before ZODI
  4. In one or two weeks it is expected to normalize the supply of gasoline.

Workers:

  1. The authorities requested the private sector to conduct an information campaign to teach workers the hygiene measures they must take at home and on public roads to prevent Covid-19 contagion.
  2. INPSASEL should be notified immediately of any suspected cases of contagion and isolated from the worker.
  3. The Ministry of Health will standardize a Covid-19 protocol, with minimal thoughts to be met.
  4. The Executive requested to increase the income of workers to improve their purchasing power.
  5. It is agreed to have a meeting with the Minister of Labour to discuss aspects of labour flexibility.

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However, there is great concern at the employer level that there are no clear rules about what is minimally expected of them for the prevention of the virus. According to the Academy of Sciences we are currently in full expansion of the contagion, being able to reach between 1000 and 4000 cases daily between June and September. On the other hand, INPSASEL is in the process of reviewing the Technical Standard to address the Coronavirus, contemplating the possibility of establishing criminal sanctions if it is verified, at INPSASEL’s discretion, that there is employer responsibility for non-compliance with safety standards.

Accordingly, we must be extremely forward-looking in prevention protocols, which must be approved by the SSL Committee, so that they can be opposed to INPSASEL. If the company has Trade Unions and CPT, they must also approve the protocol.

In any case before opening the doors of the company, they must first make a strategic analysis of the situation, taking into account the following fundamental aspects:

  1. Environment of their workers: mainly if they have water, if they are respecting quarantine, what means of transport they use, area where they live and number of people in the home, because without any doubt this is the first focus of contagion.
  2. Capacity of the company: to assume an increase in the demand for hygiene implements: masks, gloves, water, soap, cleaning of basic sanitation areas, antibacterials and any other. Analyze the capacity of your suppliers in the supply of these materials. Likewise, the company’s ability to implement and maintain in the long term, the disinfection elements necessary to maintain a safe working environment.
  3. Modification of conditions for the provision of the service: in particular, the ability to save the social distance on the different production lines and departments, modification of shifts, control over outsourcing staff, telework.
  4. Effectiveness of the Safety and Health Committee: that is perfectly constituted and documented through Acts, the meetings to establish and approve covi19 prevention policies, with the advice of an expert in Safety and Health and considering the different standards in this regard, both those emanating from the ILO and those of WHO, Conindustria, Technical Standard of Inpsasel and soon the Covenin Standard that is issued in this regard.
  5. Relations with Delegates, the Union and the CPT: today more than ever, it is essential to foster the bonds of support and cooperation between these organizations operating within companies and their HR departments, taking special care to reconcile INPSASEL’s radical positions, with the possibilities of the company, and trying to prevent the conflict that will cause these positions according to which it is presumed from the outset , the culpability of employers, in the face of any situation affecting workers. In this sense, this situation must be anticipated through a strategy of dialogue, appropriate advice and direct participation of workers in the development of internal labour safety standards.
  6. Worker Mobilization Capacity: it is important to clearly determine the way in which all workers are mobilized, since in the absence/increase in the price of gasoline, it will undoubtedly affect the mobilization capacity to and from the company. Likewise, if the company has its own transport, additional staff should be taken to the driver to ensure that all those who board the vehicle do not have feverish paintings, have masks, gloves, are sprayed with antibacterial gel and keep the social distance while they remain on board.
  7. Last but not least: perform the characterization of the company to determine its vulnerability, such as size of it, productive activity, location, number of workers, possibility of receiving raw materials and feasibility of distribution of finished products. And above all, that the decision you have to make, assures you that you are able to approve the inspections of INPSASEL, which will surely proliferate in the coming days.

We will be attentive to any instruction from the labour authorities to let them know.

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mgiran@giranlaw.com