Client Alert

Since the “Agreement establishing extraordinary actions to attend the health emergency generated by the SARS-CoV2 virus“, published in the Federal Official Gazette on March 31^st, 2020, which orders the suspension of non-essential activities, The Ministry of Labor and Social Security in coordination with the Ministry of Health, is carrying out activities to verify the compliance of the sanitary measures it ordered.

Firstly, work centers were classified according to their exposure to risks in four levels, and employees were identified in two classifications due to their vulnerability; companies are ordered to carry out prevention and protection measures in work centers, which may consist of:

• Provide sanitary products and personal protective equipment to employees, such as face masks, hand sanitizer, goggles, gloves, etcetera.
• Modify schedules in order to reduce contact between employees, trying to avoid meetings of more than 50 people.
• Temporary suspension of non-essential activities.

According to Article 396 of the General Health Law, the authorities designated by the Ministry of Health will be in charge of health surveillance through physical verification visits to confirm the compliance of the law and regulations at work. The person in charge must accredit himself as the responsible of the visit and the company will be obliged to give access. At the conclusion of the inspection, the verifier has to issue in written, and before two witnesses, the circumstances and the sanitary deficiencies found during the visit.

As a consequence of non-compliance, the Authority may establish the following administrative sanctions (Article 417 General Health Law):

a) Written warning and admonition.

b) A fine ranging from 6,000 to 12,000 UMAs (Article 421), this is between MXN$512,280.00 and MXN$1,042,560.00, confirmed the value of the Update Unit of Measure.

c) Temporary or definitive closure, which may be partial or total.

d) Arrest for up to thirty-six hours.

Likewise, the Ministry of Labor and Social Security will implement Inspection when they have knowledge, by any method, that they are not fulfilling the prevention and protection measures, or when there exists a complaint from employees that working conditions may present a risk to their health.

At last, it is important to highlight that several criteria have been published indicating which activities will be able to continue operating, which in general, are the following:

• Activities that are directly necessary to attend the health emergency.
• Activities involved in public safety and citizen protection.
• Activities of fundamental sectors of the economy (financial activities, food, telecommunications, courier companies, among others).
• Companies whose suspension may have irreversible effects for their operation.
• Companies necessary for the conservation, maintenance and repair of critical infrastructure that ensures the production and distribution of essential services and electrical energy.

However, it is suggested for companies to make a declaration before the competent Authorities about the continuation of their operations at work centers; this if they are considered essential activity, in terms of the various criteria issued.

For any questions or additional information, please contact us.

Contact

Karla Jiménez
kjimenez@cuestacampos.com

Sandra Chávez
schavez@cuestacampos.com

www.cuestacampos.com

The above is provided as general information prepared by professionals with regard to the subject matter. This document only refers to the applicable law in Mexico. While every effort has been made to ensure accuracy, no responsibility can be accepted for errors or omissions. The information contained herein should not be relied on as legal, accounting or professional advice being rendered.