New Mexican Federal Decree Defines Essential Businesses, Essential Workers, and Stay at Home Orders

The Mexican federal government issued a decree on March 31, 2020 that defines which businesses are considered essential and allowed to remain open, who are considered essential workers,

as well as updating the suggested and strict stay at home orders. Manufacturers in Mexico should review the list of business activities that are considered essential as well as the strict stay at home orders that may apply to their personnel.

Definitions of Essential Businesses and Activities

The following list defines essential businesses that can continue operating during the COVID-19 health emergency. Those working for these essential businesses and sectors are considered essential workers.

Those that are Directly Necessary to Attend to the Health Emergency

• The work activities of the medical, paramedical, administrative and support branches throughout the National Health System
• those involved in supply, services and provisioning, among which the pharmaceutical sector stands out, both in its production and distribution (pharmacies)
• the manufacture of inputs, medical equipment and technologies for health care
• those involved in the proper disposal of biohazardous and infectious waste (BHW) • those in the cleaning and sanitation of medical units at different levels of care

Government Employees in Public Safety, Justice & Legislative Offices

• Those involved in public safety and citizen protection
• the defense of national integrity and sovereignty
• the pursuit and administration of justice • and legislative activity at the federal and state levels
• Those directly related to the operation of government social programs

Fundamental Sectors of the Economy

• finance, tax collection
• distribution and sale of energy, gas stations and gas
• generation and distribution of drinking water, food and non-alcoholic beverages industry
• food markets, supermarkets, self-service shops, grocery and convenience stores
• passenger transport services and cargo
• agricultural, fishing and livestock production, agro-industry
• chemical industry, cleaning products
• hardware stores, courier services
• guards in private security work
• day care centers and children's stays
• nursing homes and stays for the elderly, shelters and care centers for women victims of violence and their children
• telecommunications and media
• private emergency services
• funeral and burial services
• storage and cold chain services for essential supplies
• logistics (airports, ports and railways) • as well as activities whose suspension may have irreversible effects on their continuation

Infrastructure & Critical Public Services

Those necessary for the conservation, maintenance and repair of critical infrastructure that ensures the production and distribution of indispensable services, including: drinking water, electric power, gas, oil, gasoline, jet fuel, basic sanitation, public transport, hospital and medical infrastructure, among others that could be listed in this category.

Health & Safety Protocols for Essential Businesses

The decree outlines basic hygiene and employee safety protocols limiting meetings and personal contact, and personal hygiene guidance like hand washing. CPI has developed more in-depth guidelines for manufacturing facilities to prevent virus transmission and spread, ensure employee health and safety, and prevent production slowdowns. See CPI’s Facility Best Practices for Manufacturers in Mexico during COVID-19

Suggested and Strict Stay at Home Orders Defined

Furloughed employees of businesses that are not deemed essential and have closed temporarily, as well as employees that fall under the strict stay at home orders, are entitled to paid leave. Read more about mandatory salaries for your personnel that are on paid leave or have been furloughed.

Suggested Stay at Home Order for Those Who Work in Non-Essential Businesses

All residents in Mexican territory, including those arriving from abroad who do not participate in essential work activities, are urged to self-isolate from 30 March to 30 April 2020.

Strict Stay at Home Order for the Elderly, Pregnant, and those with Health Conditions

Self-isolation at home applies strictly to all persons over 60 years of age, pregnant or immediately postpartum, or diagnosed with high blood pressure, diabetes mellitus, chronic heart or lung disease, immunosuppression (acquired or caused), kidney or liver failure, regardless of whether their work activity is considered essential. Essential public interest personnel may, on a voluntary basis, apply to work.

Source: Mexico Official Federal Register (DOF) – In Spanish http://www.dof.gob.mx/nota_detalle.php?codigo=5590914&fecha=31/03/2020