Peru: Obligations on the prevention of COVID-19 in the workplace are relaxed

In brief

The new administrative directive establishing the provisions for the surveillance, prevention and control of the health of workers against COVID-19 was approved by Ministerial Resolution No. 031-2023/MINSA. With this new directive, the provisions contained in Ministerial Resolution No. 1275-2021/MINSA are rendered null and void.


Contents

Below we detail the main developments:

1. Home isolation for COVID-19 cases is for a maximum of 10 days, counted from the onset of symptoms or from taking the molecular test (asymptomatic cases). After this period has elapsed, the worker may be discharged by the attending physician. The occupational doctor determines whether reinstatement is appropriate.

2. After medical discharge, workers must complete the symptomatology sheet when returning to the workplace.

3. The employer's obligation to ensure a safe environment is reiterated, encouraging vaccination. However, vaccination is not mandatory for face-to-face work.

4. Companies must ensure well-ventilated environments. If there is no natural ventilation, mechanical ventilation must be implemented through cyclic air renewals. If this is not possible, the air must be treated with other cleaning and disinfection methods.  

5. Screens should be implemented at customer service points.

6. Mandatory wearing of face masks is lifted except for workers' transport vehicles and health workers.

7. The use of efficiency filters and radiation with ultraviolet light is recommended, not mandatory, especially as a complementary measure when the ventilation of the workplace is limited. In addition, the use of CO2 measurement mechanisms is recommended, not mandatory.

8. Those companies with at least five workers that do not have an occupational health and safety service must guarantee to comply — at a minimum — with the number of professionals proposed by Annex 1. An occupational doctor is only mandatory for companies with more than 100 employees. 

9. Random temperature control is still required.

These new provisions are aligned with the current context of the health emergency and with the effects of vaccination on the population. It is now up to companies to update their COVID-19 prevention, control and surveillance plans in accordance with the new rules. The Occupational Safety and Health Committee must approve the updated plan within 48 hours of receipt.

We trust that this information will be useful to you. If you require legal advice on this issue for your company, do not hesitate to contact us.

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We hope that this information will be of relevance to you and your company. If you require any further information, do not hesitate to contact us.

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