On Thursday, June 4th, 2020, by Supreme Decree No. 020-2020-SA released in the Official Gazette "El Peruano", the Declaration of Sanitary Emergency that was established nationwide initially for 90 calendar days and dictated the prevention and control measures of COVID-19 in force until June 9th, 2020 (at first) has been extended for 90 calendar days more since June 10th, 2020 until September 7th, 2020.
Also, on Thursday, June 4th, 2020, by Supreme Decree No. 101-2020-PCM released in the Official Gazette "El Peruano” the approval and implementation of Phase 2 of the Resumption of Activities in PERU, within the framework of the Declaration of National Health Emergency due to serious circumstances affecting life of the Nation as a result of COVID-19, has been established and it has modified some scopes of the Supreme Decree No. 080-2020-PCM which determined the resumption of certain economic activities in Peru that now are gradually and progressively in process at Phase 1.
The approval of Phase 2 of the Resumption of Activities is in accordance with the strategy developed by the Multisectoral Working Group formed by Ministerial Resolution No. 144-2020-EF/15 and its amendment.
The activities contained in Phase 2 of the Resumption of Activities are detailed in the Annex that is part of this Supreme Decree. (See below)
The implementation of Phase 2 of the Resumption of Activities has begun on last Friday, June 5th, 2020.
Regarding interprovincial transport activities, it has been established that private interprovincial passenger transport activities for the performance of the activities included in the resumption of activities strategy, are exempt from social immobilization restrictions.
Also, iIt has been established the modification of articles 3 and 5 of Supreme Decree No. 080-2020-PCM.
Therefore, in regards the Sanitary Operation Protocols:
The resumption of the activities included in the phases of Supreme Decree No. 101-2020-PCM is automatically allowed once the legal entities have registered their "Plan for the surveillance, prevention and control of COVID-19 at work" in the Integrated System for COVID-19 (SICOVID-19) of the Ministry of Health, taking into account the "Guidelines for Health surveillance of workers at risk of exposure to COVID-19 ”, approved by Ministerial Resolution No. 239-2020-MINSA, and its subsequent adjustments, as well as the corresponding Sector’ Protocol when the Sector has issued it.
The provisions of the preceding paragraph are applicable to the restart of the activities of entities, companies and legal entities that carry out activities aimed at the provision or supply of the logistics chain (inputs, outsourced production, transport, distribution and marketing) of the activities included in the phases of the Resumption of Activities.
Exceptionally, for the activities included in the phases of the Resumption of Activities, the competent Sectors can approve by means of a Ministerial Resolution and publish on their institutional portal, the Sectoral Health Protocols.
For urban areas defined as high risk by the National Health Authority, the start of activities or productive units approved in each phase of the Resumption of Activities will be determined by Ministerial Resolution of the corresponding Sector.
The "Plan for surveillance, prevention and control of COVID-19 at work" registered by legal entities will be used as the basis for subsequent supervision and oversight by the competent authorities. Additionally, said Plan must be available to workers at the time of resuming work and available to customers.
In the case of activities related to formalized small-scale mining and artisanal mining, the corresponding supervision and control actions is in charge of the competent regional authorities.
The “Plan for the surveillance, prevention and control of COVID-19 at work”, and the registration in SICOVID-19 of the Ministry of Health, are not required from the natural people.
The resumption of the activities included in the Phases of the Resumption of Activities is subject only to the established requirements and conditions in Supreme Decree No. 080-2020-PCM, the Supreme Decree N° 101-2020-PCM and its amending regulations, being forbidden of establishing additional requirements or conditions in sectoral, regional or local regulations.
With respect to the Complementary Measures the following has been enacted:
The competent Sectors are empowered to order, through a ministerial resolution, the inclusion of new economic activities that do not affect the State of National Emergency, after the favorable opinion of the Ministry of Health, and in accordance with the sanitary measures required to prevent the spread and contagion of the COVID-19.
By means of a Ministerial Resolution, the Ministry of Transport and Communications may establish complementary provisions for the application of number 3.1 of article 3 referring to public investment projects in road infrastructure, in accordance with the sanitary measures required to prevent the spread and contagion of COVID-19.
For the purposes of the provisions of section 3.2 of article 3 of Supreme Decree No. 080-2020-PCM that has been modified by the Supreme Decree N° 101-2020-PCM, the competent sectors of the activities included in Phase 2 of the Resumption of Activities, are included in the Annex below.
AOV ABOGADOS
June 2020
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