What are the risks if you don’t take the necessary measures?
Companies must give all the information required to their employees to implement prevention habits and supply all the necessary elements for their protection.
The obligation of employers. Among the obligations of the employer is the protection of its workers. On the other hand, it is the obligation of workers to abide by the established orders for the protection of their health. The fact that a worker refuses to comply with the instructions given by the employer on the occasion of the protection of the covid-19 should be considered as a serious breach of his obligations even up to a just cause to terminate the employment contract—, which brings consequences not only for that worker who fails but for everyone else.
Could covid-19 be considered an occupational disease? It is a disease of common origin. However, there is the possibility that a worker contracts it as a result of the performance of their duties, then it can be considered of work origin. However, check at what time the worker acquired the virus and if it did in the exercise of their duties or elsewhere, it is impossible until now.
Is it the employer’s duty to protect its employees from possible contagion? Companies with their employees must take all prevention and protection measures, inform them, train them, and supply them with all the necessary elements.
What risks do companies run that do not take action?
An employee who contracts the virus can sue and argue what is called an employer’s fault, which can lead to an onerous sentence for the employer. That is why it must be implemented, and that evidence remains of all the measures that are being applied to protect workers from this risk. The employer owes for less:
Establish timely channels to report suspected cases of covid19.
Guarantee the timely communication of all prevention protocols, bulletins, and information issued by the different entities, such as the Ministry of Health, the Ministry of Labor, and the Ministry of Social Protection.
Comply with all the recommendations indicated by the Occupational Risk Administrators.
Provide all personal protection elements to your employees.
Reinforce cleaning and prevention measures in workplaces and in the elements that are used.
More information on this can be found in circular numbers 17 of February 24 and 26 of March 27, 2020, of the Ministry of Labor.