Mandatory Health and Safety Labor Protocol for the Province of Buenos Aires

On April 29, 2020, Resolution No. 151/2020 of the Ministry of Labor of the Province of Buenos Aires was published in the Official Gazette of said Province, which approves a template of an occupational health and safety minimum protocol within the framework of prior Resolution 135/2020. This template protocol is called "Protocol for Occupational Health and Hygiene, Health Emergency COVID19, Resolution MTBA No. 135/2020" and is available at the following link: https://normas.gba.gob.ar/documentos/B3zv52U7.pdf.

In sum, the Protocol contains general prevention and protection measures, recommendations for travel to and from the workplace, procedure for entry into the workplace, as well as several measures to be implemented in the workplace.

The Protocol recommends that companies keep an auditable record of the implementation of the measures and actions provided for in the Protocol. This record must be available to the competent labour and health authorities upon request.

Please bear in mind that previously, Resolution 135/2020 established that employers must prepare and implement, within two working days, a Protocol on Health and Safety in the Workplace within the framework of the health emergency.

The Resolution 135 stated the following:

1. Content: The Protocol must comply with the provisions in force and with the special needs of the activity developed by the company and/or the tasks performed by the workers in each of the employer's premises and/or workplaces. In particular, it must comply with the rules containing indications regarding the following preventive measures:

a. Physical distancing between persons,

b. Frequent hand washing with soap and water,

c. Provision and use of hand sanitizer for hands when handling things because of or in the occasion of work,

d. Ventilation of the workplace and/or the disinfection of frequently used objects and work tools.

2. Display: It is mandatory for employers to display at least one Protocol per establishment, in prominent places that allow easy viewing by all workers.

3. Communication: The Protocol must be communicated within a 24-hour term to the Joint Health and Safety Committee at Work, if any (https://www.marval.com/publicacion/provincia-de-buenos-aires-comites-mixtos-de-higiene-y-seguridad-en-la-empresa-12655&lang=en), or to the trade union representing the workers in the establishment.

4. Penalty for breach: Fines up to 2,000% of the minimum wage (https://www.marval.com/publicacion/incremento-en-el-salario-minimo-vital-y-movil-y-en-las-prestaciones-por-desempleo-13410) for each affected employee may be imposed on employers upon violations or breaches to the Resolution. Additionally, inspectors may adopt measures of immediate application in the event of serious and/or imminent danger to the health or safety of the worker, including the suspension of work.

5. Resolution 135 entered into force as of its publication in the Official Gazette on April 6, 2020 and Resolution 151 will enter into force on May 8, 2020.

Employers must verify that the protocols that were drawn up prior to the publication of Resolution 151 are in accordance with the new template protocol established therein and, if necessary, make the appropriate modifications.