Please be informed that following up on the Ministry of Health’s rulings published on May 14 and 15, 2020 in the Official Federal Gazette, last Monday the same Ministry published the Technical Guidelines on Health Safety in the Work Environment (hereinafter, Guidelines), which as of May 18 are mandatory for the initiation of activities of the construction, mining and transport equipment manufacturing industries; as well as a reference for the rest of the industries.
The Guidelines establish that there will be a “Reopening Process” divided into 3 stages, for which a “Health Alert System” will be put in place.
Stage 1: This stage initiated on May 18 with the “Municipalities of Hope”, which are those that have no reported cases and their neighboring municipalities also have no reported cases. In these municipalities all activities will be opened.
Stage 2: This stage will be from May 18 - 31 with the new industries considered essential that comply with the Guidelines. In addition, the rest of the industries and companies (non-essential) will begin to implement the Guidelines for when they reopen.
Stage 3: This stage will initiate on June 1 with the socioeconomic reopening through the “Health Alert System”, which will determine the activities that can begin coming back.
The “Health Alert System” has 4 levels that are determined with an analysis of the behavior and consequences of the circulation of SARS-CoV-2 at the state level, which will issue the results weekly so the authorities can make the relevant socioeconomic decisions.
Maximum Level: Only essential activities determined by the Ministry of Economy are permitted, with absolute protection of the persons belonging to the “vulnerable group”, which means those persons continue in suspension of activities and lock-down at home; as well as full compliance with all the Social Distancing measures.
High Level: Essential activities are permitted and the non-essential activities are also permitted but at a reduced level, with absolute protection of the “vulnerable groups”, as well as the reduction of 70% of the social activities in open and closed public spaces, and suspension of school activities.
Medium Level: All activities are permitted, with absolute protection of the persons belonging to “vulnerable group”, as well as the reduction of 40% of the social activities in open and closed public spaces, and suspension of school activities.
Low Level: Normal economic and work activity; school, social and recreational activities reactivated.
Regardless the above and in accordance with the ruling published on May 15, the new industries considered essential may initiate operations before June 1, provided they comply with the Guidelines, and they must fill out the document called “Self-Evaluation of the Health Safety Protocol” on the platform http://nuevanormalidad.gob.mx (previously www.gob.mx/nuevanormalidad), as well as the “Commitment Letter”.
The Mexican Social Security Institute (IMSS) will issue a receipt and must announce the ruling, electronically, in a period of no more than 72 hours. The ruling can be: (i) authorization, (ii) request for more information or (iii) denial of permission to initiate activities.
The Guidelines (which can be downloaded at http://nuevanormalidad.gob.mx/files/LT-SS-EL-2020.pdf) entered into force on May 18, 2020 and will remain in force until the contingence is declared over.
We will continue to monitor this situation and keep you informed of any developments.
To obtain additional information contact our experts:
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