Esp / Ing

In order to protect the rights and guarantees of workers within their respective work institutions, as well as to promote the containment and reduction of infections within the second and third wave of COVID-19, through Ministerial Resolution (RM) No. 320/21 of March 31, 2021, the Ministry of Labor, Employment and Social Welfare (MTEPS) approved the reforms to the Regulations for the Preparation and Presentation of Biosafety Protocols of companies, and of public and private institutions that was approved by R.M. 186/21 of March 4, 2021.

Regarding the modifications, the deadline for the presentation of the Biosafety Protocols established in the R.M. 186/21 was extended until May 31, 2021. In regards to companies and work establishments created or reopened after May 31, they must submit their protocols within a maximum period of 15 business days.

Likewise, companies and public and private institutions must submit and implement the Specific Biosafety Protocol, according to their own characteristics within the framework of the Biosafety Protocols, General Law of Hygiene, Occupational Safety and Well-being N° 16998 of August 2, 1972, and Law N° 1293 of April 1, 2020, Art. 8.

Regarding the Specific Biosafety Protocol, it must be prepared by a professional or technician authorized in the National Registry of Professionals and Technicians in hygiene, Occupational Safety and Occupational Medicine, who must be able to establish the guidelines for the protection of the safety and health of the operational and administrative personnel of the company or work establishment.

Said protocol must contemplate, at a minimum, the objectives, scope, responsibilities, prevention measures, contingency measures for suspected and positive cases of Covid-19, with companies being able to add additional measures such as IPER (hazard identification matrix, risk assessment, and determination of controls), monitoring, training and other studies.

The Specific Biosafety Protocol must be registered through the "Digital Registration Form for Biosafety Protocols" enabled on the Institutional web platform of the Ministry of Labor, Employment and Social Welfare, and the following documents must be attached:

  • Mandatory Employer Registration Certificate, and
  • Biosafety Protocol in PDF format signed by the employer and/or legal representative and the professional or technician responsible for preparing the document.

Regarding companies or public and private institutions that have branches, they must present the specific biosafety protocol for each one of them.

Failure to submit the Specific Biosafety Protocol within the established period will lead to the generation of a report addressed to the Autonomous Municipal Governments according to their jurisdiction in order to proceed with the suspension of the operating license, if applicable, for threaten the right to life and health of the population.

Public entities that fail to comply with the presentation of the protocol, after a verification report from the M.T.E.P.S., must submit those public servants who are responsible for the implementation of said protocols to an administrative process, considering their omission an administrative fault.