COVID-19: The steps to follow for the return to work in Portugal

With the end, on May 3^rd 2020, of the state of emergency decreed on March 17^th and its replacement by the declaration of state of public calamity, throughout the country, until at least May 17^th, the process of gradual lifting of the confinement measures imposed begins, but still seeking to mitigate the risk of regression in containing the transmission of the virus.

Thus, considering the measures arising from the Resolution of the Council of Ministers n.º 33-A/2020, of April 30^th (which declares the situation of public calamity), the changes to the exceptional and temporary measures relating to the pandemic provided for in Decree-Law n.º 20/2020 of May 1^st and the recommendations made by the competent authorities (particularly the General Health Direction), we list below the main aspects to be taken into account in the labor context:

1. Mandatory teleworking: the adoption of the teleworking regime is maintained, whenever the functions performed allows so, whereas on-site activities may be carried out only in cases considered essential and, in relation to such cases, being necessary to adopt techniques that minimize the risks of contagion (physical distance between employees, shift work, etc.), as well as, if feasible, flexibility of working hours;

2. Promotion of self-responsibility: the employee should consciously and voluntarily assess that he/she does not suffer from any of the symptoms associated with COVID-19 (among the main symptoms, cough, fever and respiratory difficulty) and, in addition, that he/she does not belong to those that are considered to be "risk groups" or "groups of people subject to a special duty of protection";

3. Control of body temperature: body temperature measures might be carried out on employees, being expressly forbidden to record the body temperature associated with the identity of the person, except with the express consent of the person. Access to the workplace may be prevented if the body temperature is higher than normal;

4. Promotion of contingency plans: a contingency plan aimed at preventing the COVID-19 should be developed, outlined and made available in accordance with the guidelines of the General Health Direction and the Portuguese Authority for Working Conditions, in conjunction with the occupational safety and health services established in the employer, as well as employees' representatives for occupational safety and health;

5. Promotion of behaviors: relevant information on measures to combat the existing epidemiological situation, also advocated by the competent health authorities, such as hand hygiene, respiratory labelling and physical distance to be maintained, should be displayed in visible places in the workplace;

6. Promotion of signage: signage elements should be used, if possible, to alert and promote, for example, the necessary and appropriate safety distances;

7. Promotion of health equipment: liquid soap dispensers and alcohol-based solutions for hand cleaning should be made available at the workplace, as well as products for disinfecting workplaces. Employees should be given indications that they ought wash their hands and apply the alcohol-based solution frequently, especially after handling commonly used instruments. The use of masks and visors is mandatory in commercial and service spaces, in public services and in educational establishments;

8. Promoção of cleaning and aeration: on the employer's premises, it must be ensured the frequent cleaning and disinfection of spaces, equipment, objects and surfaces, with which there is intense contact. There should be an enhanced cleaning of ventilation systems, although where possible, natural ventilation should be used by aeration of workplaces;

9. Promotion of distance: a readjustment in the layout of job positions should be implemented (if possible) to ensure the necessary distance and promote the minimization of personal contact. Where this is not feasible, it should be ensured that employees are provided with the necessary personal protective equipment (these are also advised in ordinary cases);

10. Promotion of new timetables: contacts and agglomerations should be reduced at the common access points of the employer's premises, for example by seeking to regulate the timetables of canteens, in order to for those accesses to be phased and rotated;

11. Promotion of distance meetings: priority should be given to remotely professional meetings and group work reunions other than face-to-face meetings or, if this is not feasible, to use larger rooms where a safety distance (not less than 2 meters) between chairs is established;

12. Promotion of the use of business transportation: it should be recommended to avoid carrying out work trips considered non-essential – thus promoting, whenever possible and when the functions so allow, the exercise of telework activity. If feasible, employer's transport / vehicles should be made available for use by the respective employees, duly equipped with products that ensure their health;

13. Promotion of information and communication channels: employees' information and consultation channels should be enhanced, in coordination with representative structures, with the purpose of, among others, warning about the importance of practices to prevent and combat risks associated to COVID-19.