Interministerial Ordinance MTP/MS 17, published on April 1, 2022, amends Annex I of Joint Ordinance 20/2020, again updating the measures to be observed to prevent, control, and mitigate the risks of covid-19 transmission in work environments.

Among the main changes the following may be highlighted:

  • possibility of dispensing with the use of a protective mask in work environments where, by decision of the federal entity where the company is located, the use of protective mask equipment is not mandatory in closed environments (click here to read our article with more information on the subject);
  • updating the concept of contacts of confirmed cases and including the possibility of not withdrawing from on-site activities if the contact is fully vaccinated;
  • exclusion of the concept of close contact of a suspected case;
  • no obligation to keep a record of suspected cases;
  • exclusion of the requirement to refer suspected cases to the organization's medical clinic for evaluation and follow-up;
  • exclusion of the requirement to adopt specific procedures for workers to avoid touching surfaces with high frequency of contact;
  • exclusion of the requirement to increase the frequency of cleaning and sanitizing procedures for sanitary facilities and changing rooms, as well as for points of frequent contact.

The table below shows the main concepts and changes:

TOPIC HOW IT WAS HOW IT IS NOW
  • Confirmed Cases - Concept
 A confirmed case is considered to be a worker in the following situations: a) Influenza Syndrome - IS or Severe Acute Respiratory Syndrome - SARS, as defined by the Ministry of Health, associated with anosmia (olfactory dysfunction) or acute ageusia (taste dysfunction) with no other previous cause, and for which it was not possible to confirm covid-19 by other criteria;
b) IS or SARS with a history of close or household contact with a confirmed case of covid-19, within 14 days prior to the onset of signs and symptoms;
c) IS or SARS with laboratory test results confirming covid-19, according to the guidelines of the Ministry of Health;
d) asymptomatic individual with laboratory test results confirming covid-19, according to the guidelines of the Ministry of Health; or
e) IS or SARS or death from SARS for which it was not possible to confirm covid-19 by laboratory criteria, but who present alterations in the lung imaging exams suggestive of covid-19, according to the guidelines of the Ministry of Health.		 No change
  • Suspected Cases - Concept

A suspected case is considered to be any worker who presents a picture compatible with IS or SARS, as defined by the Ministry of Health.

A worker with at least two of the following signs and symptoms is considered to have IS:

-     fever (even if patient reported);

-     cough;

-     difficulty breathing;

-     olfactory and taste disorders;

-     shivers;

-     sore throat and headache;

-     coryza; or

-     diarrhea.

A worker is considered to have SARS if, in addition to IS, he presents:

-     dyspnea and/or respiratory distress or persistent chest pressure or pain; or

-     oxygen saturation of less than 95% in ambient air, or a bluish coloration (cyanosis) of the lips or face.		 No change
  • Confirmed case contacts - Concept

A close contact of a confirmed case of covid-19 is considered to be an asymptomatic worker who was in the vicinity of a confirmed case of covid-19, between two days before and ten days after the onset of signs or symptoms or the date of the laboratory confirmatory examination (confirmed asymptomatic case) of the case, in one of the following situations:

a)    had contact for more than 15 minutes, less than a meter away, with a confirmed case without both wearing a face mask or wearing one incorrectly;

b)    has had direct physical contact, such as shaking hands, hugging, or other types of contact, with a person with a confirmed case;

c)    remained less than one meter away during transport for more than 15 minutes; or

d)    shared the same home environment with a confirmed case, including bedrooms and living quarters.

A close contact of a confirmed case of covid-19 is considered to be an asymptomatic worker who was in the vicinity of a confirmed case of covid-19, between two days before and ten days after the onset of signs or symptoms or the date of the laboratory confirmatory examination (confirmed asymptomatic case) of the case, in one of the following situations:

a)  had contact for more than 15 minutes, less than a meter away, with a confirmed case without both wearing a face mask or wearing one incorrectly;

b)  had direct physical contact, such as shaking hands and hugging, with confirmed case, without both using face mask or using it incorrectly;

c)   remained less than one meter away during transport for more than 15 minutes without both wearing a face mask or wearing one incorrectly; or

d)  shared the same home environment with a confirmed case, including bedrooms and living quarters.
  • Suspected case contacts - Concept

A close contact of a suspected case of covid-19 is considered to be an asymptomatic worker who had contact with a suspected case of covid-19 between two days before and ten days after the onset of symptoms of the case, in one of the following situations:

a)    had contact for more than 15 minutes, less than a meter away, without both wearing a face mask or wearing one incorrectly;

b)    had direct physical contact with a person with a suspected case; or

c)    shared a home environment with a suspected case, including bedrooms and living quarters.		 Interministerial Ordinance MTP/MS 17 does not provide for contacts of suspected cases.
  • Leave from work of close contacts

The organization must remove from face-to-face work activities, for ten days, workers considered to be close contacts of confirmed cases of covid-19.

The leave period for close contacts of a confirmed case of covid-19 should be considered from the last day of contact between the close contacts and the confirmed case.

The organization can reduce the absence of these workers from on-site work activities to seven days provided that molecular method testing (RT-PCR or RT-LAMP) or antigen testing is performed from the fifth day after contact if the test result is negative.

Close contacts who reside with a confirmed case of covid-19 must present proof of disease from the confirmed case.		 The prior provisions have been retained. However, Interministerial Ordinance MTP/MS 17 added a provision to establish that workers considered close contacts of confirmed covid-19 cases who are fully vaccinated according to the vaccination schedule recommended by the Ministry of Health are not required to be removed from face-to-face work activities.
  • Leave from work of suspected cases

The organization must remove from face-to-face work activities, for ten days, workers considered to be suspected cases of covid-19.

The organization can reduce the absence of these workers from on-site work activities to seven days as long as they have been fever-free for 24 hours, without the use of anti-fever medication, and with remission of respiratory signs and symptoms.

The organization should consider the first day of isolation of a suspected case to be the day after the onset of symptoms.

The organization must remove from face-to-face work activities, for ten days, workers considered to be suspected cases of covid-19.

The organization can reduce the absence of these workers from on-site work activities to seven days as long as they have been fever-free for 24 hours, without the use of anti-fever medication, and with remission of respiratory signs and symptoms.

The organization should consider the first day of isolation of a suspected case to be the day after the onset of symptoms.

Workers on leave may return to their on-site work activities before the designated period of leave when molecular method testing (RT-PCR or RT-LAMP) or antigen testing, performed starting on the fifth day, rules out covid-19 according to the Ministry of Health's guidelines.

The SARS-CoV-2 antigen self-test is for screening and orientation purposes only, and cannot be used for purposes of leave or return-to-work.
  • Procedures for identifying suspected cases
 The organization must establish procedures for identifying suspected cases (including channels for communicating with workers about the appearance of signs or symptoms compatible with covid-19) and about contacting a confirmed or suspected case of covid-19, surveys, by physical or electronic means, telephone contact, or electronic service channels. The organization must establish procedures for identifying suspected cases (including channels for communicating with workers relating to the appearance of signs or symptoms compatible with covid-19) and about contacting a confirmed or suspected case of covid-19.

The other measures remain in place and must be fully observed by companies to reduce the risks of transmission and contagion among workers.

Note below the main measures provided for by the ordinance, as updated:

 

Guidance, prevention, control, and mitigation measures

 

- Obligation to adopt the measures necessary to prevent, control, and mitigate the risks of transmission of covid-19 in work environments. Measures should include:

  • Prevention measures in work environments, in common areas such as cafeterias, bathrooms, changing rooms, rest areas, and in the transportation of workers, when provided by the employer;
  • Early identification and removal of workers with signs and symptoms compatible with covid-19;
  • Procedures for workers to report, including remotely, signs or symptoms compatible with covid-19 or possible contact with a confirmed case of covid-19; and
  • Hand sanitation instructions and respiratory etiquette; and
  • Dissemination/clarifications of the forms of infection, signs, symptoms, and care needed to reduce transmission in the work environment and community.

- The organization should extend this information to outsourced workers and workers from other organizations who frequent the facility.

 

Conduct to be adopted in confirmed, suspected, and confirmed contact cases

 

- Immediately remove from in-person work activities workers with confirmed cases, suspected, cases and confirmed cases of close contact with covid-19 for a period of ten days.

As the beginning of the leave period the following should be considered:

  • for confirmed cases, the day after the onset of symptoms or the collection of the molecular method test (RT-PCR or RT-LAMP) or antigen test;
  • for suspected cases, the day after the day of symptom onset;
  • for close contacts, the last day of contact with the confirmed case.

The period of leave may be reduced to seven days in the following cases:

  • Confirmed: as long as they have been fever-free for 24 hours, without the use of anti-fever medication, and with remission of respiratory signs and symptoms.
  • Close contacts: provided that testing by the molecular method (RT-PCR or RT-LAMP) or antigen testing is performed from the fifth day after contact, if the test result is negative. This is not mandatory if the contact is fully vaccinated.
  • Suspected: as long as they have been fever-free for 24 hours, without the use of anti-fever medication, and with remission of respiratory signs and symptoms.

- Guidance to workers on leave regarding the need to remain at their place of residence, with pay maintained during the period of leave.

- Communication channels for workers to report the appearance of compatible signs or symptoms, as well as contact with confirmed or suspected covid-19 cases.

- Gathering of information on contacts, activities, workplace, and common areas frequented by the workers with covid-19.

- Up-to-date record keeping with the following information:

  • Workers by age group;
  • Workers with clinical conditions at risk for developing complications related to more severe covid-19 conditions (specification of the disease not permitted, preserving confidentiality). The following are considered clinical conditions at risk for the development of covid-19 complications: severe or decompensated heart diseases (heart failure, stroke, revascularization, arrhythmia, decompensated hypertension); severe or decompensated pneumopathies (oxygen-dependence, carriers of moderate/severe asthma, chronic obstructive pulmonary disease - COPD); the immunosuppressed; chronic renal patients at an advanced stage (grades 3, 4 and 5); diabetics, according to clinical judgment, and high-risk pregnancies.
  • Confirmed cases;
  • Workers on leave who had close contacts; and
  • Measures taken to adapt work environments to prevent covid-19.

- When the activities of a certain sector or of the establishment itself are shutdown as a result of covid-19, the following procedures must be adopted before the activities return:

  • ensure the adoption of prevention measures provided for in the annex to the ordinance and the correction of situations that may have caused the contamination of workers in the work environments;
  • sanitizing and disinfecting the workplace, common areas, vehicles used;
  • enhance communication to workers; and
  • strengthen worker monitoring to ensure the removal of confirmed cases, suspected cases, and close contacts of confirmed cases of covid-19.

 

Hygiene and cleaning of the environments

 

- Disinfecting and cleaning workplaces whenever a worker is assigned to occupy another's workplace.

 

Hand hygiene and respiratory etiquette

 

- Guidance to employees to engage in frequent hand sanitizing, with the provision of resources for this purpose near work stations, including water, liquid soap, disposable paper towels, and a trash can (with no manual contact to open) or adequate hand sanitizer, such as 70% alcohol, and guidance on not sharing towels or products for personal use.

- Guidance on not sharing towels and personal use products.

- Workers should be instructed to avoid touching their mouths, noses, eyes, and faces with their hands, and to practice respiratory etiquette, such as using disposable handkerchiefs for nasal hygiene, covering nose and mouth when sneezing or coughing, and cleaning their hands after sneezing or coughing.

- Participation by the SESMT and Cipa in the prevention actions implemented by the organization.

 

Social distancing

 

- Adoption of measures to increase distancing and decrease personal contact between workers and the external public.

- Minimum distance of one meter between workers and between workers and the public. If physical separation of at least one meter cannot be adopted to reduce the risk of transmission between workers, customers, users, contractors, and visitors, one must:

  • for activities conducted at fixed workstations, maintain the use of surgical or cloth masks and adopt waterproof partitions or provide face shields or goggles; and
  • for the remaining activities, maintain the use of surgical or cloth masks, observing the cases of exception on the mandatory use of masks.

- Adoption of measures to limit the occupation of elevators, stairways, and restricted environments, including sanitary facilities and changing rooms.

- Demarcation and reorganization of places and spaces for queues and waiting with at least one meter between people.

 

Personal Protective Equipment (PPE) and other protective equipment

 

- Guidance to employees on the use, cleaning, disposal, and replacement of masks and other protective equipment, as well as their limitations in protecting against covid-19.

- The organization's medical service professionals, if any, should receive PPE or other protective equipment, according to the risks, including respiratory protection type PFF2 (N95) mask, in accordance with the guidelines and regulations of the Ministry of Labor and Social Security and the Ministry of Health.

Click here to read our article on the supply and use of masks.

 

Ventilation of workplaces and common areas

 

- Priority should be given to natural ventilation in workplaces or the adoption of measures to increase as much as possible the number of exchanges of air in enclosures, bringing clean air from outside and avoiding the recirculation of conditioned air.

- When a split air conditioning system is used, it is recommended that the doors and windows be kept open or that an air renewal system be added, subject to technical or operational feasibility.

- The ventilation systems installed must be kept in operation during business hours.

 

Risk groups

 

- Surgical masks or masks of type PFF2 (N95) or equivalent must be provided for workers aged 60 years or older or who have clinical conditions at risk for developing complications of covid-19, when telecommuting or remote work is not adopted at the employer's discretion, except in localities where, by decision of the federal entity where the company is located, it is not mandatory to use protective mask equipment indoors

 

Common areas of the company

 

- For the common areas, Ordinance 20/2020, as amended, established a series of obligations and recommendations to be followed by employers, ranging from the cafeterias to the transport offered to workers.

 

Cafeterias

 

- It is forbidden to share glasses, plates, and cutlery without sanitization.

- Self-service should be avoided or, when it cannot be avoided, control measures should be implemented, such as:

  • Conditions for hand sanitization before eating or provision of disposable gloves;
  • sanitation or frequent change of shared kitchen utensils, such as ladles, handles, and spoons; and
  • installation of food protector over self-service structures.

- Provide the frequent cleaning and sanitation of tables, benches, and chairs surfaces, as well as adopt in the cafeterias minimum spacing of one meter between people, with marking and demarcation of spaces in the row and at the tables. When the front or side distance is not observed, a physical barrier must be used on tables at least one and one half meters above the ground.

- Distribution of workers into different time slots at meal places.

- Delivery of set of sanitized utensils, individually packaged.

- Inclined jet drinkers should be adapted in such a way that it is only possible to drink water using a disposable cup or individual container.

 

Locker rooms

 

- Avoid crowding of workers at the entrance, exit, and during the use of locker rooms.

- Direct workers to maintain a distance of one meter from each other while using the facilities.

- Guide workers on the order of removal of clothing and equipment, so that the last protective equipment to be removed is the mask.

- Availability of sink with water and liquid soap, as well as disposable towels or sanitizer dispensers suitable for hands, such as 70% alcohol, at the entrance and exit of the locker rooms.

 

Transport offered by the employer for commuting between home and work

 

- Implementation of procedures for reporting, identifying, and removal of workers with symptoms before boarding, thus preventing the entry of symptomatic persons or close contacts of confirmed cases of covid-19 in the vehicle.

- Obligation to wear protective masks when boarding workers and use during the trip.

- Guidance to workers to avoid crowding when embarking and disembarking transport, with the implementation of measures to ensure a minimum distance of one meter between each person.

- Compliance with the maximum passenger capacity, limited to the number of seats in the vehicle.

- Maintenance of natural ventilation inside vehicles and, where the use of the air conditioning system is necessary, recirculation of air should be avoided.

- Seats and other surfaces in the vehicle most frequently touched by workers should be sanitized regularly.

- Record keeping of the workers who use the transportation, listed by vehicle and trip.