New criteria for At-risk employees in the reopening of economic activities.

On July 27th, 2020, the Ministry of Health published in the Federal Official Gazette the “Criteria for the population in an At-risk situation, who may develop a complication or die from COVID-19, in the reopening of activities in the workplace” (the “Criteria”). The Criteria came into effect as of such date.

The main purpose of the Criteria is to guide the authorities who are part of the National Health System, as well as the individuals and workplaces, according to the epidemic risk, in the return to work of vulnerable employees. This, in accordance with the color of the traffic light of the Sanitary Alert System.

The Criteria aim to establish precise rules to determine the individuals who will be at risk upon their return to the workplace in virtue of their health condition.

This is the summary of the Criteria:

• At-risk employees who are below the vulnerability value can return to the workplace even when the epidemiology light is in RED.
• At-risk employees who meet or exceed the vulnerability value may rejoin the workplace to non-COVID areas when the epidemiology light is in YELLOW (places of medical attention without COVID-19 patients), except for:
• Breastfeeding is incorporated at the end of the maternity leave period, in any traffic light color.
• Cancer is incorporated until the epidemiology light is in GREEN.
• At-risk employees who meet or exceed the vulnerability value, and who work in COVID areas, will rejoin the workplace until the epidemiology light is GREEN.

OUR RECOMMENDATIONS

• The return of At-risk employees must be based on the Criteria. The return of these employees must be documented in writing.
• Essential and non-essential companies must document the return of employees who, in terms of the Criteria, are no longer considered At-risk employees, which is recommended to be done by signing a letter when they return to work.
• The application of the Criteria must be carried out in conjunction with health specialists, in order that the appropriate measures be taken, promoting at all times the health of employees.

We will be glad to assist you if you have any comments or questions regarding the Criteria, or if you need us to review your company’s measures in order to confirm that it complies with the Criteria.

These are the vulnerability values: