The order described below is a follow-up to the order establishing the strategy for the reopening and return to social, educational, and economic activities, including additional industries to those considered essential, published on May 14, 2020 (the “Order”). (Our alert on the Order can be found here.
On May 15, 2020, the Secretary of Health published an order amending certain provisions of the Order (the “Amendment Order”) providing the following information:
• During the preparation period, which begins on May 18, 2020 and, as we understand will end on June 1, 2020, the essential industries must file the health and safety protocols for their approval in accordance with the general health and safety guidelines issued by the Secretaries of Health, Economy and Work and Social Prevention;
• Likewise, during the preparation period running from May 18, 2020 to June 1, 2020, the process to establish safety protocols and measures in companies will be implemented pursuant to the health and safety guidelines in the work environment published by the Secretary of Health in coordination with the Secretaries of Economy, and Work and Social Prevention, as well as with the Mexican Social Security Institute;
• If the processes mentioned above are finished and approved before June 1, 2020, companies carrying out such essential activities will be allowed to begin their operations;
• If there is no compliance with the above, the authority may order to shut down those companies that put the health of their employees at risk; and,
• The construction, mining, and fabrication of transportation equipment industries will remain to be deemed essential activities and will resume operations on June 1, 2020, subject to the provisions mentioned above. Likewise, the automotive and auto parts industries dedicated to export must also comply with the protocols required by their country of origin.
It is important to mention that this amendment is not completely clear in defining with which authority the health and safety protocols must be filed, and in its possible application to the industries previously considered essential which are already operating. We assume that this situation will be considered when the general guidelines mentioned in the Amendment Order are published.
The other sections of the Order, including the return to activities by region according to the streetlight system, remain without changes.
The Order went into effect on May 15, 2020 and will continue in effect until the health emergency is declared terminated.
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