14/12/2020

By Rafael Mello and Leticia Cordeiro 

The GT COVID – 19 working group of the Public Ministry of Labor (MPT), issued on December 3, 2020, technical note no. 20/2020, with the aim of establishing health and epidemiological guidelines and guidance for employers, companies, public and private entities to contain the pandemic caused by Covid-19.

Among some of the well-founded considerations to promote and protect the health of workers, the public health emergency, the new occupational risk of a biological nature and also the possibility of considering Covid-19 contamination as an occupational disease under the terms of § 2 of art.20 of Law No. 8,213/91 stand out.

Thus, technical note no. 20/2020 of the MPT, in summary, recommends: (i) that the Occupational Health Medical Control Program (PCMSO) provide for and establish the active search for cases, tracking, testing, early diagnosis and immediate removal from the workplace of confirmed and suspected cases and their contacts, even if asymptomatic; (ii) adopting the most favorable standard with the longest duration during periods of “quarantine” leave by applying the precautionary principle, as well as establishing clinical evaluations and complementary exams upon returning to work; (iii) in the event of a change in the function of an employee belonging to the risk group, prior exams should be carried out to verify the worker's physical and mental condition; (iv) if the diagnosis of COVID-19 is confirmed, the results are inconclusive or there is suspicion due to contact in the workplace, occupational physicians must request the issuance of a Work Accident Communication (CAT) indicating the employee's absence and guiding the employer on the need to adopt control and preventive measures against contagion in the workplace and finally (v) employers must record all cases of Covid-19 infection in employees' medical records, ensuring accessibility to the Health and Labor Inspection authorities.

It is worth noting that this measure is merely for guidance purposes, however it should guide the inspections to be carried out by the Public Ministry of Labor.