Companies, in the recent past, were obliged to require employees to wear masks while working on their premises, following the recommendations of the respective norm 20/20, which provided restrictive measures directed at the working environment due to the covid-19 pandemic. The ordinance was later amended on some occasions by regionally adopted health protocols and had its validity tied to the end of the emergency declaration in public health of national importance (Espin).
The use of a mask is no longer mandatory from 22 May of this year, with the publication of the Ordinance 913/22, which established the end of the public health emergency, ending the restrictions related to the work environment, with the exception of the existence of more restrictive state and/or county standards.
With the emergence of an even more contagious subvariant of The Omicron, BQ.1, the cases of people infected by covid-19 have returned to rise in Brazil and worldwide. According to the World Health Organization (WHO), the subvariant has been found in more than 65 countries, including Brazil, and has prevailed over the other circulating variants of Ômicron.
Given this scenario, some determinations of the mandatory use of masks have already begun to reappear in judicial Court, such as the Regional Labor Court of São Paulo, by the GP/CR Act 5/22, and the Regional Labour Court of Campinas, through the Recommendation GP-CR 001/22.
There was also the Resolution 761/22 National Health Surveillance Agency (Anvisa), which updated the measures to be adopted at airports and aircraft, as well as the Decret 67,299/22 of the state of São Paulo, which determines the use of masks in public transport, places of access, shipments and landings.
Although there is still no standard that determines the mandatory return of the use of facial protection in work environments, we should consider the current scenario of much crowd by the World Cup period and year-end gatherings, which can enhance the growth of new cases.
In view of the determinations that have been taken, as shown in the examples mentioned, in order to safeguard the health of their employees, we suggest that companies begin to plan for a possible return of the mandatory use of masks in their facilities, while waiting for the manifestation of the competent agencies.
