Guatemala: Regulation on Prevention Measures to Mitigate the Spread of SARS COV-2 in the Workplace

Today, Government Agreement 179-2022 of the Ministry of Labor was published in the Official Gazette, which establishes the provisions to mitigate the spread of SARS COV-2 (COVID) in the workplace, through occupational health and safety provisions that allow safe working conditions.

The Regulation reiterates the prohibition on all employers from carrying out acts of discrimination in access and permanence in employment due to COVID, respecting the rights and guarantees of workers. Additionally, it is forbidden to force a worker to provide their services without prevention measures, as well as to suspend workers infected with SARS COV-2 without following the prevention measures established by the Ministry of Health and the occupational health and safety risk plan of the workplace.

Likewise, it establishes that it is the obligation of every employer to comply with the sanitary provisions that aim to minimize the risk of contagion of SARS COV -2 being obliged to attend to the health alerts of the municipality in which the work center is located, and comply with the following provisions:

  1. Social distancing: Maintain social distancing within workplaces that allow for the physical separation of people. When the nature of the activities does not allow distancing, physical barriers must be available that minimize contact.
  2. Cleaning and disinfection: Maintain constant cleaning and disinfection of work areas and provide adequate supplies for disinfection.
  3. Alcohol and hand washing: Provide liquid or gel alcohol of 70% concentration for disinfection and soap for hand washing.
  4. Personal Protective Equipment: Periodically provide masks or face masks to workers.
  5. Information, dissemination, and signaling: Promote information campaigns to prevent the spread of SARS COV-2 in accordance with the health provisions issued by the competent bodies.
  6. Training scheduling: Allow the occupational health and safety monitor(s) to train workers on strategies to minimize the spread of SARS COV-2.
  7. Risk Prevention Plan: Have the Occupational Hazard Prevention Plan, including the biological risk of SARS COV-2 infection.

It also regulates that, for all workers, it is mandatory to comply with all the provisions in the matter, being prohibited:

  1. The execution of acts that prevent occupational health and safety measures from being complied in the workplace.
  2. Damage or destroy personal protective equipment.
  3. Damage, destroy hide or remove, visual means of dissemination of prevention of contagion of SARS COV -2.
  4. Perform the work without proper personal protective equipment.

The Regulation also provides for the obligations of the Occupational Health and Safety Monitor of the workplace, among which stands out, the constant training of workers to prevent the spread of SARS COV-2, to monitor and verify the proper use of personal protective equipment and ensure that the Occupational Risk Prevention Plan or occupational health and safety complies with the requirements that correspond according to the law.