Specific Technical Guidelines for the Reactivation of Economic Activities

On May 29, 2020, it was published in the afternoon edition of the Federal Official Gazette the Agreement setting forth the Specific Technical Guidelines for the Reactivation of Economic Activities drafted by the Ministry of Health, the Ministry of Labor and Social Welfare, the Ministry of Economy and the Mexican Social Security Institute.

Pursuant to the relevant Agreement, the government determined that the stage known as “New Normality” will begin on June 1 through a system of weekly epidemiological risk lights per region (state or municipal) that will determine the level of health alert (maximum-red, high-orange, medium-yellow and low-green) and define what activities are authorized to be carried out in the economic, labor, school and social areas. From the beginning of the “New Normality” all companies will be able to restart operations as long as the epidemiological four-color coding system (identified as “traffic light”) allows it and if they implement the strategies and health safety measures set forth in the Guidelines, which are of general application for all work centers.

In relation to the epidemiological light, Table 3 of the Agreement, which can be accessed on this link, sets forth the activities and guidelines to be followed at each level of epidemiological risk. While the four-color coding system is red (maximum risk), only workplaces that carry out essential activities with the restrictions set forth in the Guidelines may operate. While the four-color coding system is orange (high risk), essential activities may be fully operational and those not considered essential may start with the applicable restrictions. When the four-color coding system is yellow (intermediate risk), national economic activity and some limited activities in public space could be resumed. Finally, when the four-color coding system is green (normal risk), all activities can be reactivated.

Prior authorization will not be required for the reactivation of operations in the “New Normality” for companies that carry out non-essential activities. Companies carrying out essential activities will need to implement the online self-assessment mechanism. Workplaces that do not carry out essential activities may carry out the self-assessment exercise on a voluntary basis.

For the application of the Guidelines, workplaces shall identify to which category they belong based on their type of activity (essential or non- essential), the size of the workplace (pursuant to Table 4 of the Agreement), the health alert level of the location of the work center and its internal characteristics.

The relevant Guidelines include, in addition to the abovementioned:

A. General strategies for promoting health and health safety in the work environment, such as orientation, training and organization of employees to prevent and control the spread of COVID-19, measures to protect against contagion, among others. In point 5 of the Agreement, you can corroborate which are these strategies.

Point 6 of the Agreement mentions the actions so that the work centers can verify the correct implementation of the relevant strategies, which will be the responsibility of the committee or person designated for these tasks.

B. Checklists on health safety measures that will facilitate the work centers to identify the measures that they shall implement. Although the relevant measures are classified as indispensable or recommended, the Agreement is clear that the work centers shall comply with all of them.

It should be noted that the Guidelines provide for the possibility of the authority to develop additional guidelines by sector, which should be published to be considered as mandatory.

Should you have any questions or require advice in relation to the Agreement or the application of the Guidelines, please do not hesitate to contact any of our partners or associates.

Yours sincerely,

Cannizzo, Ortiz y Asociados, S.C.