By: Ilia Pellot-Juliá, Esq.

As the Government of Puerto Rico issued Executive Order 2020-38 (EO 2020-38) of May 1st, 2020 to open more areas of our economy, the Department of Labor (DoL) has established the requisites the exempted businesses have to comply with prior to and during the operation of their respective businesses.  As provided by EO 2020-38, professional services businesses such as legal, accounting, educational, call and data centers among others, offering services that may not be performed remotely, have been permitted to reopen.

The DoL announced that every employer preparing to reopen must prepare a unique Employer Plan to Control the Exposure to COVID-19, complete an Employer Auto Certification and submit both before the DoL, with the objective that every employer provides a safe workspace for their respective employees.  The DoL established a hierarchy for risk control in the workplace which is: elimination of risk, substitution of risk, establishing engineering and administrative controls and the use of personal protective equipment.  The Auto Certification and the Plan must be submitted via e-mail to the DoL before reopening the business. Businesses that were exempt and operating before May 4, 2020, must submit their respective Plans as soon as possible.  In summary, the Plan must meet the following principal requirements:

• Must be a written document and unique to the workplace, its characteristics, physical structure and number of employees.
• Include general information about COVID-19, its symptoms and recommendations to avoid contagion.
• Detail the monitoring and screening process of personnel prior to entering the workplace.
• Indicate the number of employees that will be working daily and indicate the control measures to achieve adequate distancing between employees.
• Include and describe the cleaning and disinfecting methods that will be performed routinely in the workplace.
• Detail the hygiene methods and requirements for employees such as hand washing or hand sanitizing stations.
• Indicate what personal protective equipment is required for the employees and how will it be provided by the employer.

Every employer is responsible to make evaluations of risk and to establish the necessary controls of such risks.   The Plan must also be discussed with employees, including any workers organization or union.  All Plans must designate a person who will be responsible for constantly evaluating the workplace with the purpose of detecting new risk areas associated with COVID-19.

We are here to help your business to reopen safely and complying with DoL regulations.  If you require assistance in the preparation of your unique Plan or advice in its requirements, please contact us.

This publication is a summary of recent pronouncements referred to herein and is not intended to substitute legal advice.  We encourage you to contact us or your tax advisor if you have any questions or need assistance regarding any of the matters presented herein.  An attorney-client relationship with Pellot-González, P.S.C. cannot be formed by reading or responding to this memorandum.  Such a relationship may be formed only by express agreement with Pellot-González, P.S.C.