Compliance: Protocols and Health in Times of Covid- 19

As we discussed in previous articles related to the crises caused by coronavirus (see COVID-19: Risks and Opportunities for Compliance and Impact on Internal Investigations, Training, Protocols and Policies), companies face significant logistical challenges to perform their internal investigations. Simultaneously, the ever-changing emergency legislation brings along several risks regarding compliance. Situations like donations or direct recruitment with the Government requires adequate prevention. For example, Resolution Nº 135-MTGP-2020 from the Ministry of Labor from Buenos Aires’s province demands the companies to implement a “Protocol of Hygiene and Health in the Workplace, within the framework of EMERGENCY PANDEMIC COVID- 19 in accordance with the specifications required by the activity performed and/or the tasks carried out by the employees within each of the employer’s establishments and/or workplaces”.

This protocol must be in accordance with the regulations stablished in Executive Decree Nº 260/2020 of the Argentine Executive and infringement of such will be considered a “very serious infraction, in the terms provided by article 4 in Chapter 2 ANEX II from the Law Nº 12.415”, and the inspectors have the authority to dictate tasks’ suspensions in case of serious danger and/or imminent danger to health, hygiene or employees’ safety.

Complying with the regulation like the above mentioned one is very important; however, on many occasions the degree of compliance can be subject to interpretations and subjectivity.

Acting with integrity and in accordance with the applicable regulation is a fundamental prerequisite of the compliance programs and it is in this context that it proves to be crucial to train the employees adequately, particularly those who interact with public officials.

The crisis generated by coronavirus reveals the importance that companies’ compliance programs have during emergency situations. And in this context is where we must start working in protocols and policies that allow us to illustrate what should be done in each scenario and equally important, which part will be fulfilling each of the individuals involved. Updated and dynamic compliance policies to withstand the sanitary emergency specially within those activities considered essential which are required to continue to operate are extremely important and demonstrate companies’ commitment to endure this crisis in the best possible way, minimizing risks of ethical and regulatory violations.