News

New national guidelines for the continuity of economic activities due to COVID-19

11 October 2022

Federal Authorities issued new National Guidelines for the Continuity of Economic Activities due to COVID-19 (The “Guidelines”).

What's New?

The Guidelines must be applied in all the Mexican Republic and are applicable to all work establishments.

The purpose of the Guidelines is to establish specific measures that economic activities must implement in order to continue with labor activities in a secure and responsible way.

The Guidelines establish general measures which, among others, include:

Providing general information regarding COVID-19.
Washing hands frequently or using antibacterial gel that meets the requirements of the Guidelines.
Correct way to sneeze and cough to reduce the risk of contagion.
Social distancing (at least 1.5 meters)
Establishing a training program for management personnel with actions and measures to prevent COVID-19 infection.

Some of the additional measures that must be applied in work establishments are:

Provide antibacterial gel dispensers.
Establish a permanent cleaning program at the workplace.
Restrooms must have soap and water to clean the personnel´s hands and must be correctly sanitized.
Encourage natural ventilation and review ventilation systems.
Do not use disinfecting mats.

Employers may apply COVID-19 tests, subject to employee consent; however, COVID-19 tests in no case should be mandatory as a condition for returning to work. Companies should have an employee protection policy in place to avoid conditioning the return to work by means of tests financed by the employee.

Vaccination is a good measure to reduce contagion however it must not be a conditioning factor to prevent employees from carrying out their labor activities.

The use of facemasks is no longer mandatory; however, it is still suggested in terms described in the Guidelines.

The Guidelines provide a series of additional recommendations that companies should implement in their workplaces related to sanitary safety in the work environment.

Next steps

Implement the mandatory measures set forth by the Guidelines.

Draft and implement the mandatory programs and policies mentioned in the Guidelines.

Asses the additional recommendations suggested in the Guidelines and apply the ones that the company considers appropriate or that are applicable based on the activities and specifics of the workplace.

It is important to review the regulations at the federal level, as well as at the state level, to determine the measures to be applied.

Hogan Lovells is ready to assist you with this matter.

Authored by Mary Carmen Fuertes and Paula Corona.