Labor & Social Security Law Department Report | Resolution No. 135/2020 Protocol of Hygiene and Security in the Sanitary Emergency of the COVID-19
Dear Sir or Madam,
On April 5th, 2020, the Ministry of Labor of the Province of Buenos Aires issued Resolution No. 135/2020 (the “Resolution”), forcing employers to draw up a Protocol on Hygiene and Safety within the framework of the Covid-19 Health Emergency (the “Protocol”).
The Resolution decrees:
I. That the employers shall prepare and implement within two working days of the issuance of this Resolution, a Protocol on Hygiene and Health at their place of work.
II. The Protocol shall be in accordance with the following regulations:
a) Decree No. 260/2020 (Health Emergency).
b) Decree No. 297/2020 (Social, Preventive and Mandatory Isolation).
c) Decree No. 325/2020 (Extension of DNU 297/20202).
d) Decree No. 132/2020 of the Executive Power of the Province of Buenos Aires.
e) Resolutions No. 568/2020 and No. 627/2020 of the Ministry of Health.
f) Resolution No. 29/2020 of the Superintendence of Occupational Risks.
g) Specific regulations for each activity.
h) Those issued as a result of the health emergency declared in the entire Province of Buenos Aires and at the national level.
III. In case of not implementing the Protocol, such behavior shall be considered a very serious offense according to section 4 of Act No. 12.415 and will be subject to the sanctions stipulated in section 5 of the aforementioned law.
IV. In this regard, the inspectors may order the adoption of measures of immediate application in the event of serious and/or imminent danger to health, hygiene or safety of the worker, including the suspension of work.
V. The measures provided for in the event of non-compliance shall not affect the right of workers to the full and regular payment.
VI. Employers shall display the Protocol in places where it can be easily seen by workers and shall ensure that it is preserved.
VII. Likewise, the Protocol must be communicated to the Joint Committee on Health, Hygiene and Safety of Employment, if there is one, or to the trade union associations that represent the workers, within a period of no more than 24 hours from the time it is prepared.
VIII. Violations and non-compliance with the provisions hereof shall be governed by Acts No. 12.415 and No. 10.149, as amended, complementary and applicable, without prejudice to the responsibilities established by other regulations in force on the subject.
IX. This Resolution entered into force on April 6th, 2020.
Should you require any further information on this matter, please do not hesitate to contact us.