Comprehensive Protocol for the Prevention of Biological Risks in the Workplace.

Dear Clients and Friends:

ROMERO PINEDA informs you that on May 20, 2020, the Ministry of Labor and Social Security issued the health protocol titled “Comprehensive Protocol for the Prevention of Biological Risks in the Workplace”, which aims to regulate the biosafety measures to be implemented by authorized companies and workplaces to gradually resume operations.

The main objective is to provide specific guidelines to increase the efficiency of prevention measures to combat the spread of diseases that can be acquired in the workplace, as well as to normally carry out daily tasks with optimal health and safety conditions. .

This protocol will be applicable to all workplaces, whether private or state, autonomous and municipal institutions. The Ministry of Labor reserves the power to establish specific protocols by type of industry.

The measures adopted by the protocol must be included by the employer within the Occupational Risk Prevention Management Program, as well as have specific measures adopted for each company according to its way of working by the Occupational Health and Safety Committee ( mandatory for companies with more than 15 employees) in accordance with the provisions of Article 13 of the same law.

Among the measures incorporated by the Protocol and to be adopted specifically for the COVID-19 Pandemic are:

• Temperature measurement: Take the temperature of all staff at least twice a day, keeping a record made by someone with medical or nursing or first aid knowledge.
• Physical distance: It is established that the workplace must be adapted so that there is a physical distance between each employee of at least 2 meters between the workplace of one employee and the other. In workplaces where this is not possible due to the infrastructure, additional measures must be taken such as the installation of protective barriers, use of a mask, glasses and face shields. Additionally, it is urged to reduce face-to-face activities as much as possible and introduce work shifts or continue with the application of teleworking.
• Hygiene: The employer has the responsibility of ensuring that workplaces have hand sanitizer, sanitary products with easy access intended for hand washing, as well as promoting constant hand washing and respiratory etiquette (covering the mouth and nose with the bent elbow).

• Cleaning: The culture of cleaning each employee's workstations at least twice a day, as well as common places and areas such as bathrooms and dining rooms, should be promoted.

• Training and Communication: Employees should be trained on appropriate measures to prevent the risk of exposure to the virus and how to act in the event of infection.

• Use of Personal Protective Equipment (PPE): Regardless of the cost, the employee must provide employees with the appropriate protective equipment according to the biological risk to which the worker is exposed when performing their duties.

Subsequently, the protocol establishes recommendations for the proper use of PPE. Within these, the following are established:

• Masks: The use of masks and their quality should be prioritized according to the level of risk of exposure to the virus that said employee has. It is the employer's responsibility to guide the employee in the correct use of masks. The use of masks will at no time replace the measures described above.
• Gloves: Gloves will always be for personal use and must be discarded periodically. The use of these will be determined according to the work that the employee performs.

• Gabacha: Disposable gabachas may be used once and at no time may they be shared. Its disposal must be done in the appropriate manner following all procedures.

Vulnerable groups

It is established that employees sixty years of age or older, pregnant women and people suffering from chronic diseases must not report to their workplaces while the competent authority so decrees. It should be noted that according to Executive Decree number 31, issued by the Ministry of Health, which is currently in force, it is established that the people described above will be able to take shelter in their respective places of residence and will not be affected at work if they decide not to attend. to their work centers, these being the last to be incorporated into the workforce (Phase 5 scheduled for August 21, 2020, subject to change).

It is also established that employers must implement modalities aimed at reducing the number of employees in the workplace, as well as the teleworking modality. It is important to note that the same protocol mentions that if this modality is adopted, the employer must provide the employee with the necessary tools for the normal development of work, such as: Monitors, computers, telephones and the Internet, among others.

Internal control

Among the recommendations to employers according to the protocol for internal control are:

• Update profile information for each employee.
• Promote proper hand washing and proper use of masks.
• Protection of employees through masks for use in both public and private transportation

External visits and customer service

Regarding the entry of external people such as visitors or users, the following is established:

• Take the temperature of all visitors.
• Respect social distancing between each user (2 meters) both inside the establishment and outside if users must queue; and,
• Verify that external users use masks and apply alcohol gel.

Measures to take in suspicious cases

In case of encountering suspicious cases in the workplace, it will be necessary to immediately provide a mask to the suspected case, and isolate the suspect in a previously established area, reporting the case to telephone number 132 of the Ministry of Health, among others.

Supervision

The protocol establishes that the application of the measures described above will be adopted by employers, but may be verified by the General Directorates of Social Welfare and Inspection.

For more information and legal assistance in this matter, please do not hesitate to contact Mr. Francisco A. Martínez (Partner of the Corporate and International Division) or Mr. Beatriz Merino (Coordinator of the Labor Unit) at (503) 2505-5555 or email fmartinez@romeropineda.com and bmerino@romeropineda.com.

It will be a pleasure for us to serve you.