We inform you that, further to the agreements published by the Ministry of Health on May 14 and 15, 2020 in the Official Gazette of the Federation, this past Monday the Ministry of Health published the Technical Guidelines on Health and Safety in the Workplace (hereinafter, the Guidelines), which, as of May 18, are mandatory for the commencement of activities in the construction, mining and transport equipment manufacturing industries, as well as a reference.
The Guidelines establish that there will be a “Reopening Process” divided into 3 stages, for which a “Health Alert System” will be implemented. Stage 1: It began on May 18 with the “Municipalities of Hope,” being those that have no reports of contagion nor border municipalities that do have them. In these municipalities all activities will reopen. Stage 2: It will take place between May 18 and 31 with the new industries considered essential and that comply with the Guidelines. Likewise, the rest of the industries and companies (non-essential) will begin to implement the Guidelines for when their return takes place. Stage 3: It will begin on June 1 with the socioeconomic reopening through the “Health Alert System,” which will determine the activities that may gradually return. The “Health Alert System” has 4 levels that are determined through an analysis of the behavior and consequences of the circulation of SARS-CoV-2 at the state level, which will issue its results weekly so that the authorities may make the pertinent socioeconomic decisions. Maximum Level: Only the performance of essential activities determined by the Ministry of Economy is allowed, with absolute protection for persons belonging to the “vulnerable group,” that is, such persons continue with the suspension of activities and home confinement; as well as full compliance with the Healthy Distance criteria. High Level: The performance of essential activities and non-essential activities at a reduced intensity level is allowed, with absolute protection for persons of the “vulnerable group,” as well as a 70% reduction of social activities in open and closed public spaces, and the suspension of school activities. Medium Level: The performance of all activities is allowed, with absolute protection for persons of the “vulnerable group,” as well as a 40% reduction of social activities in open and closed public spaces, and the suspension of school activities. Low Level: Normal economic and labor activity, school, social and recreational activities are reactivated. Notwithstanding the foregoing and in accordance with the agreement published on May 15, the new industries considered essential may begin operations before June 1, provided that they comply with the Guidelines, and must complete the document called “Self-Assessment of the Health and Safety Protocol” on the platform http://nuevanormalidad.gob.mx (formerly www.gob.mx/nuevanormalidad) and, additionally, must complete the “Letter of Commitment.” The Mexican Social Security Institute (IMSS) will issue an acknowledgment of receipt and must communicate the resolution, electronically, within a period no longer than 72 hours. The resolution may be: (i) authorization, (ii) request for expansion of information or (iii) denial, the foregoing for the purpose of being able to begin activities or not. The Guidelines (which can be downloaded at the following link http://nuevanormalidad.gob.mx/files/ LT-SS-EL-2020.pdf) entered into force on May 18, 2020 and will remain in effect until such time as the contingency that gave rise to them is declared terminated. We will be following this matter and will keep you informed on the subject. For additional information, contact: Rodolfo Trampe, Partner: +52 (55) 5258 1054 | rtrampe@vwys.com.mx Alix Trimmer, Associate: +52 (55) 5258-1016 | atrimmer@vwys.com.mx Alejandro Pérez, Associate: +52 (55) 5258 1054 | alperez@vwys.com.mx
