The Guidelines establish the processes to implement workplace health and safety protocols and measures. They provide the stages, phases, control measures and alert levels so that reopening businesses may do so in a gradual, responsible and safe manner. The Guidelines specify the plan for reopening activities and, in general terms, include the following:
- The process for gradual reopening in stages depending on the level of compliance with established requirements.
- Governing principles for a successful reopening.
- General control strategies to contain the spread of the virus that causes COVID-19 (health promotion, health protection measures, entry-exit controls, contagion prevention measures, among others).
- A strategic plan for a healthy return to the workplace, which must be prepared in accordance with certain conditions as to content and compliance, including the preparation of policies, engineering modifications to the workplace, and administrative and preventive measures, among others.
- Protective measures and risk classification, specifically for vulnerable populations in the workplace, including those derived from risk based on workplace exposure.
- A self-evaluation process which combines the protocol and safety plan created by the business to guarantee a safe and healthy return to the workplace.
The Guidelines establish a response period from the Mexican Social Security Institute (“IMSS” for is Spanish acronym) of up to 72 hours. During such time, the IMSS must issue a proof of receipt of filing. The IMSS will respond via email, either approving the reopening of activities, requesting additional information or denying the proposed health and safety protocol. Businesses that receive a denial may re-apply without any further negative consequences. Similarly, the Guidelines provide that the IMSS will advise businesses that require assistance pursuant to the legally established functions of the IMSS. As of now, no information exists as to any next steps if the IMSS does not issue a response within the mandated 72-hour response period.
Contact information:
Joseph B. Newton | jnewton@ccn-law.com
Felipe Chapula | fchapula@ccn-law.com.mx
Mario Melgar | mmelgar@ccn-law.com
Javier Zapata | jzapata@ccn-law.com.mx