Paloma da Silva Aguiar
Lawyer at Marcos Martins Advogados
It is worth mentioning at this point that the Government of the State of São Paulo, by means of State Decree No. 64,879, of March 20, 2020, recognized a state of public calamity due to the socioeconomic and financial impacts resulting from the pandemic caused by the Coronavirus agent (COVID-19).
This recognition, in turn, generated the so-called “quarantine”, causing the immediate closure of companies and offices handling non-essential activities, in order to slow down the contagion of the virus, and consequently, the precariousness of medical care for people affected by it.
After exactly three ( 3 ) months of quarantine, the São Paulo State Government, together with the City Hall, started the Plan for the reopening of businesses, informing us of the way, manner and time in which this should happen.
Joint Ordinance No. 20, of June 18, 2020, from the Ministry of Economy and the Special Secretariat for Social Security and Labor, established general guidelines for the measures that must be observed, not only by employers, but also by workers, in order to prevent, control and mitigate the risks of transmission of COVID-19 , in all work environments.
Thus, companies and offices must establish what measures are to be taken in their work environment and pass them on to their workers, with or without their prior request, thus keeping the information effectively available.
These measures/guidelines should follow the following initial parameters:
– Measures on how to prevent this, not only in the workplace itself, but also in the places where workers have access, such as toilets, changing rooms, canteens, areas for workers’ leisure and rest, and transportation provided by the employer;
– Measures to be adopted immediately when workers are suspected, confirmed or contacted in relation to the COVID-19 virus, not only in relation to the removal of the specific worker, but also to the places of access and actual place of work;
– Measures to establish communication between the worker and the company/office, either directly and in person, or remotely, so that the worker can report suspicion or confirmation of COVID-19, or even if they have had or have contact with another person who has obtained or obtained confirmation of contamination with this virus;
– Instructions regarding the use of alcohol gel, masks and total hygiene in terms of hand and arm washing.
It is also worth mentioning the prevention of other diseases that can be confused with the COVID-19 virus, such as the flu itself, which has a vaccine available, thus obliging the company or office to advise their workers on the correct measure.
Companies and offices, for their part, will not be able to worry solely and exclusively about their employees, but also about any service providers and outsourced workers who enter the physical establishment.
These measures/guidelines can be passed on by the company and the office using any and all effective means of communication, consisting of accurately informing all workers, whether they are direct employees or outsourced workers, such as: pamphlets, e-mails, text messages, bulletin boards around the workplace, among others.
Ordinance No. 20 of June 18, 2020 also establishes measures for suspected and confirmed cases of COVID-19, as well as their contacts, and confirmation of contamination must be verified by a specific laboratory test.
Thus, all workers suspected or confirmed of being contaminated with the virus must remain away from their work for 14 (fourteen) days, initially, and on a case-by-case basis, however, they can only resume their activities if a proper laboratory test diagnoses the absence of contamination by the virus, or even in asymptomatic cases for more than 72 (seventy-two) hours. Workers on leave due to COVID-19 are guaranteed their salary for the duration of their leave.
In addition, companies and offices must keep their databases strictly up to date, in case any supervisory body needs information, such as the number and details of confirmed cases, workers on leave, suspected or contacted cases, the age group of each worker, the percentage of risk of each worker and the measures adopted in all cases that have been linked to the virus.
The employer should prioritize hygiene measures, adopting measures/guidelines so that workers avoid contact with frequently used places, such as: elevator buttons, doorknobs, handrails, alcohol gel containers, among others, providing 70% alcohol gel and a place to wash their hands, with soap, water and an individual disposable towel, also observing, as a preventive measure, the measurement of workers’ temperature at the start of work, without direct contact with them, in turn. Workers should avoid sharing towels or any other products intended for personal use.
Measures such as social distancing of at least 01 (one) meter between workers themselves, whether internal or outsourced, and also between workers and clients/service providers, and the use of surgical or fabric masks, preferably even in places or occasions where minimum distancing cannot necessarily be verified, remain in place and must be followed by the employer.
It is also important to take measures to ensure that people are not crowded in any and all parts of the physical space, observing entry rules to limit the number of people who can gather in the same place, such as toilets, stairwells, elevators, changing rooms, transport provided by the employer, among others.
In the case of customer service, the scheduled time of service must be observed in order to avoid crowds, and if this time is not observed, then the people waiting must be ordered by queue, observing the minimum distance between them.
Workstations, changing rooms, toilets and other access points must be cleaned more thoroughly to avoid contamination, and employees who are responsible for this daily cleaning must wear all personal protective equipment, precisely because they are at greater risk than other workers.
Those workers at risk, including those over 60 (sixty) years of age, should receive special treatment from companies and offices. And, if possible, these workers should work remotely as a priority. However, if this is not possible, these workers must carry out their activities at a greater distance from other people, always wearing a surgical or fabric mask, in addition to all the other recommendations dealt with here.
They must also work in environments with good ventilation and mandatory cleaning and disinfection, on a daily basis and as many times as necessary, in order to avoid further disturbances.
Employers must pay attention to Personal Protective Equipment, which is not to be confused with wearing a surgical or fabric mask. For those workers who require the mandatory use of personal protective equipment, they must keep it in their routines, and also carry out the other measures set out in this ordinance.
Companies and offices must also provide resistant and satisfactory equipment to combat the virus in question, as well as ensuring that this equipment is cleaned, maintained and disposed of in the best possible way, in order to avoid any risk to workers.
Therefore, since it is the employer’s duty to provide a healthy workplace, it is up to companies and offices to ensure the adoption of all the measures provided for in Ordinance No. 20 of June 18, 2020, in addition to reinforcing hygiene and specific protections, always informing their workers of the measures adopted for prevention, always paying attention to the guidelines of the Health Bodies, which may be evaluated from time to time, as the virus evolves and new scientific research advances in the control of the coronavirus.
