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08 July 2020
On 19 June 2020 the Ministry of the Economy and the Ministry of Health published Joint Ordinance Number 20, which provides the measures that employers must observe in order to prevent, control and mitigate the risk of COVID-19 transmission in their workplaces.
Joint Ordinance Number 20 does not authorise the reopening of business operations or workplaces, but rather sets out the measures that must be observed by employers whose workplaces are already open. It can be supplemented with complementary sectorial guidelines.
All other regulatory rules on health and safety and sanitary standards remain in force and must be observed.
Joint Ordinance Number 20 does not apply to health services, which must follow specific guidelines and regulations.
The joint ordinance has been in force since its publication, with the exception of Section 7.2, which entered into force on 4 July 2020 and determines that:
Masks must be:
Pursuant to Joint Ordinance Number 20, employers must:
The guidelines may also include vaccination campaigns and highlight other flu-like syndromes that could be confused with COVID-19.
Employers must immediately separate workers who:
Such workers cannot enter the workplace for 14 days. They may return to work after:
In preparation for inspection agencies, companies must keep up-to-date records regarding:
Finally, employers cannot require laboratory testing for COVID-19 as a condition for workers to return to the workplace as there is no technical recommendation for this procedure.
For further information on this topic please contact Patricia Barboza, Poliana César or Jael Bonilla at CGM Advogados by telephone (+55 11 2394 8900) or email (email@example.com, firstname.lastname@example.org or email@example.com). The CGM Advogados website can be accessed at cgmlaw.com.br.
(1) Employers should check whether more restrictive measures apply. For example, the Sao Paulo State government's Health Protocol requires a minimum distance of 1.5 metres. It is also important to note that the state governments have been ruling the mandatory use of masks in public places and workplaces. There is a risk that heavy fines will be imposed if clients or employees are not wearing masks.
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