On July 27, 2020, the Ministries of Health and of Labor and Social Welfare, together with the Mexican Social Security Institute, published in the Official Gazette of the Federation the Agreement disclosing the means of dissemination of the criteria for populations in situations of vulnerability (hereinafter, the Criteria).
The purpose of the Criteria is to continue protecting the life and health of persons in situations of vulnerability who may develop a complication or die from COVID-19 according to the local epidemic risk level, as well as to guide the National Health System and workplaces, for which reason they were published on the website www.coronavirus.gob.mx, to fulfill said purpose. The Criteria establish, depending on the condition in question (pregnancy, breastfeeding, obesity, persons over 60 years of age, diabetes mellitus, systemic arterial hypertension, chronic obstructive pulmonary disease, asthma, cardiovascular or cerebrovascular disease, kidney disease, immunosuppressive treatments, HIV infection, cancer or a combination of some of the foregoing), the elements to determine whether such condition is classified as having a "vulnerability value." As a result of the foregoing, workers who have a condition classified as having a "vulnerability value" may return to work once the places where their workplaces are located are at yellow traffic-light status and said workplaces are classified as "non-COVID areas," that is, that they are not places where COVID-19 infected patients are treated. The exception to the foregoing rule will be women in the breastfeeding period, who will return to work once the puerperium ends; and persons with cancer, in which case they may return to work once the place where their workplaces are located is at green traffic-light status. Persons who are not classified as having a "vulnerability value" must return to work even when there is red traffic-light status, provided that the other guidelines allow it, depending on the activity carried out in their workplaces. Finally, persons who are classified as having a "vulnerability value" but who work in "COVID areas" must return to work once the places where their workplaces are located are at green traffic-light status. It is important to highlight that, in accordance with the Criteria, each particular case must be analyzed to verify whether the worker's condition should be classified as having a "vulnerability value" and, on that basis, make the pertinent decisions regarding their return to work. We will remain attentive to this matter and will keep you informed on the subject. To download the criteria, click here: https://coronavirus.gob.mx/wp-content/uploads/2020/07/Criterios_vulnerabilidad_27Julio2020.pdf For 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