Today, May 11, 2022, the Decree 43544-S was published, corresponding to the mandatory use of a mask as personal protective equipment. Regarding this decree, it should be considered that:
- As of today, the state of emergency decree has not been revoked.
- The national emergency due to the pandemic continues and the employers in the private sector will be able to request the use of masks in their corresponding work centers.
- The mask will continue to be considered as an element of personal and group protection, and its use can be required.
- The employer that decides to request its mandatory use must assume the cost of the masks for each employee and an internal regulation to require its use and to sanction the non-compliance must be created.
- Said decree must be corrected in the following days, since it was issued on an incorrect date.
Likewise, Decree 43543-S, related to the Covid-19 Vaccination Scheme, was also published. Regarding this decree, it should be considered that:
- Mandatory vaccination for private employers was not changed because it is each employer’s responsibility to regulate it through a policy.
- The National Vaccination and Epidemiology Commission has not changed the mandatory compliance of the Covid-19 Vaccination Scheme.
- Compliance with the vaccination scheme will be subject to the internal guidelines of each company (via Internal Policy or Internal Work Regulations).
- The disciplinary processes that have been applied or that are to be initiated, may be executed as long as they have their corresponding internal regulations.
BLP will deliver a Webinar regarding the legal implications of these changes from a labor, administrative, constitutional, and occupational health perspective.