The Puerto Rico Secretary of Labor and Human Resources, Hon. Briseida Torres Reyes, issued Circular Letter 2020-03, establishing the guidelines and requirements for the establishment of the Safety and Hygiene Protocols that every business must meet and self-certify for reopening of business operations during the extended lockdown, as required by Executive Order 2020-38 issued 5/1/20.

The Safety and Hygiene Protocols are required as part of the most recent Executive Order No. 2020-38 (the “Executive Order”) issued by the Governor of Puerto Rico, Wanda Vázquez Garced, on May 1, 2020. In the Executive Order, the Governor established the first phase of the reopening of business operations by industry, including manufacturing and construction sectors.

Further, the Executive Order requires those businesses that have been allowed to reopen to immediately design and adopt a COVID-19 safety and hygiene protocol as a condition for going back to business. All employers must self-certify to the Puerto Rico Department of Labor and Human Resources (“PRDOL”) the implementation of a protocol that follows PRDOL requirements and must such protocol with the PRDOL.

Circular Letter 2020-03 establishes, for non-union employers, twenty-one (21) requirements that safety and hygiene protocols must meet to comply with the Executive Order.  Consistent with the Executive Order, the PRDOL Circular Letter  requires completion of a self-certification form issued by the PRDOL which must be filed by email with the PRDOL with a copy of the protocol.   As instructed in the Circular Letter, this filing must be done as a prerequisite for reopening operations.  As to businesses that had been allowed to reopen pursuant to a prior Executive Order, the Circular Letter states that they may continue their operation  without interruption but must file the self-certification form with a copy of the protocol as soon as possible.  The Circular Letter also reiterates the penalties applicable for noncompliance and urges employees to report employers that have not met this new requirement.

Among the 21 requirements all protocols must meet we highlight the following:

• Be in writing, be specific to the employer and its worksite(s) and contemplate the tasks performed in the worksite(s), its physical structure and the number of employees that work at each worksite;
• Include recommendations issued by local, national and national health agencies

to prevent the spread of COVID-19;

• Detail procedures for monitoring employees prior to entry to the workplace;
• Establishes the maximum number of employees, clients and visitors that are allowed in the worksite per day and work shift;
• Describe cleaning and disinfection protocols for the worksite, and the frequency of cleaning and disinfection of the work areas; and
• Detail which personal protective equipment (PPE) will be required for employees, which should be provided by the employer free of cost.

By sending the self-certification, each employer consents to appear in the public listing that will be published in the PRDOL webpage. This list will have the name of the exempt employers that have filed the self-certification and may operate. It will be updated by PRDOL at least once every two (2) days.

Our Labor and Employment Department is available to assist you in drafting these protocols or reviewing your existing protocol to ensure compliance with the requirements that have been established by the CDC, PROSHA, the PRDOL and the Government of Puerto Rico.  You may request our assistance through your contact attorney.

By: José F. Benítez, Member, Labor and Employment Department, O’Neill & Borges LLC

For any questions or inquiries regarding this topic do not hesitate to contact us at info@oneillborges.com or your prime contact attorney at O’Neill & Borges LLC.