Personal protective equipment.
On May 29, 2020, the Federal Government published in the Official Journal of the Federation the Specific Technical Guidelines for the Reopening of Economic Activities that companies must follow to ensure the protection of employees. Among them, it is to provide personal protective equipment (PPE) such as: COVERS, MASKS, PROTECTIVE LENSES, ALCOHOL GEL, among others.
Employers are obliged to provide the necessary material to protect the health of workers, which is provided for in article 132, section XIX BIS, of the Federal Labour Act, which states:
“Article 132. -Obligations of employers:
XIX Bis. To comply with the provisions laid down by the competent authority in the event of a health emergency and to provide its workers with the information specified by that authority in order to prevent disease in the event of a declaration of a health contingency” (personal protective equipment).
As it is a duty of the employer, personal protective equipment for workers must be provided by the employer at the workplace. Which will be at the expense of the employer, not by discounting the worker or on a shared basis. Noting that in the event that the worker decides to buy his own protective equipment, it cannot be reimbursed by the employer.
If the employer refuses to provide the equipment to the workers, the workers have the right to request the material, personal protective equipment or instruments necessary from their employer to resume the activities for which they were hired, in order to minimise the risk of COVID-19 infection.
If the employer refuses to provide the protective materials, he or she may be penalized by the authority for failing to comply with the required technical guidelines. So it would not be able to operate, until it provides personal protective equipment, especially to workers who have care functions to the public.
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