On October 7, 2022, the Federal Government published the “Guidelines for the healthy continuity of the economic activities deriving from COVID-19” (the “Continuity Guidelines”), ordering to take preventive measures to mitigate and control the risk of contagion of the Covid-19 virus (“Covid-19”).
In general, it is important to highlight from the Continuity Guidelines that neither the Covid-19 tests nor the use of facemasks is an obligation.
As background, on May 19, 2020, the Federal Government published the “Specific Technical Guidelines” that established a series of strict measures that allowed the workplaces to reactivate by implementing health and security protocols to avoid spreading Covid-19.
After almost two years, the pandemic conditions have changed, and the Federal Government has determined to reduce the sanitary measures to avoid spreading Covid-19 in all the country’s workplaces. With the Continuity General, health promotion measures are established, focusing on training, prevention, and control of possible contagion in homes, social life, and on the way to the workplace.
Additionally, the Continuity Guidelines establish measurements and recommendations for workplaces focused on reducing the risk of spreading, from which we highlight the following:
Based on the Continuity Guidelines, workplaces must consider the following:
- The Continuity Guidelines replace all the sanitary measurements previously published in the resolutions of the Federal Government, including the “Specific Technical Guidelines for the Reopening of the Economic Activities” dated May 19, 2020, which are no longer obligatory.
- These new measurements must be analyzed, specifically regarding the application of Covid-19 tests and the vaccination criteria in each workplace.
- It is essential to remember that the Federal Government issued these new guidelines and that each workplace must consider its location and the safety measures each State Government imposes.
- Not complying with these rules, employers may be subject to fines for up to 5000 Units of Measurement and Update (up to approximately UD$24,600.00) and/or individual or collective employee labor termination lawsuits, which may represent an economic impact to companies.
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