By: José Díaz and Eumir Quintero
On May 29, 2020 it was published on the Federal Official Gazette (DOF) a Decree issued by the Ministry of Health, in which the Specific Technical Guidelines for the Reopening of economic activities were established, coming into force the very same day of the publication. These guidelines establish the specific measures that each activity or company must implement within the framework for the general strategy of the so-called “New Normality”.
In this Decree, the measures that we’ve talked about in past publications were made official, alongside others also obligatory to implement. For the elaboration of the guidelines and the measures that must be enforced, the Authorities were based on the following 4 guiding principles:
- Prioritize health and life.
- Solidarity and no discrimination.
- A “moral economy” and productive efficiency.
- Shared responsibility (public, private and social).
To create the Security and Health Protocol that each Company must have, as well as to differentiate which guidelines must be applied for the reopening of activities, companies must contemplate 4 dimensions:
1.- Identify type of activity
The work centers must identify if their activity is considered essential or non-essential in accordance with the established on various Decrees published on the DOF (table on pages 5 & 6, in Spanish).
If it is considered essential, they could start to work beginning June 1st, provided that all is in order with the restrictions seen on the technical guidelines or any other rule issued by a competent authority. If not considered essential, companies must be observant of the Health Alert System (also called “traffic light” system) of local or federal application.
2.- Identify the level of epidemiological risk
The work centers must identify the level of risk established by local authorities where they are located, in accordance with the Health Alert (or “traffic light”) System. This system will be updated each week and is based on 4 levels of alert:
- Red: Maximum alert
- Orange: High alert
- Yellow: Intermediate alert
- Green: Daily life alert
3.- Identify the work center size
The work centers must identify the size of their economic unit based on the following chart:
|Size||Sector||Number of workers|
|Micro||All||Up to 10|
|Small||Commerce||11 to 30|
|Industry and services||11 to 50|
|Medium||Commerce||31 to 100|
|Services||51 to 100|
|Industry||51 to 250|
|Big||Services and commerce||Starting at 101|
|Industry||Starting at 251|
DOF, May 29th 2020.
4.- Identify internal special characteristics
Finally, the work centers must identify specific characteristics, considering the following:
- Personnel in high-risk situation or major risk of contagion in each work area o department;
- Personnel in charge of the care of underage, elderly or people in a high-risk situation or mayor risk of contagion;
- Areas or departments that each work center has.
When these 4 dimensions are well identified, each company must elaborate their Protocol and implement the guidelines that Authorities issued for their specific type and activity. These guidelines can be found on the Decree published on May 29, 2020, available here (in Spanish).
Regardless of the result given on the identification of dimensions, all companies must implement the following strategies and guidelines:
- Health promotion: orientation, training and organization of workers to prevent and control propagation of the virus.
- Health protection: Stay at home, social distancing on work centers, etc.
- Entry and exit controls.
- Measures to prevent contagion on the work center.
- Use of protective gear for personnel.
- Surveillance and supervision.
If you have any questions, please send a message here to contact our labor law experts.
The content of this page is not and should not be considered legal advice, the information is for informational purposes only.