ARGENTINA

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The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner.  Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.

1.       Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness? 

Yes.  Decree 367/20 states that all COVID-19 cases acquired at work must be recognized as an occupational disease:  http://servicios.infoleg.gob.ar/infolegInternet/anexos/335000-339999/336262/norma.htm]

2.       Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?

Currently, there is no return to work process and no specific regulation for testing before returning to work. There is also no mention in the current established regulations about any testing required prior to returning to work.

3.       Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business?  If so, please list them below and how long they will be in place. 

  • The state of "social isolation, preventive and mandatory” (Aislamiento Social, Preventivo y Obligatorio (ASPO) is still in effect until June 28.

  • They apply in their area, depending on the number of cases detected. The phases may change based on the appearance of new cases

  • In the last severalm days cases have increased remarkably in the AMBA (Area Metropolitana de Buenos Aires / Metropolitan Area of Buenos Aires) and in the CABA (Ciudad Autonoma de Buenos Aires/Autonomous City of Buenos Aires), since there is an intense transit of people between the areas. This geographic area AMBA-CABA is always onsidered the main problem.

  • The poorest neighborhoods where social distancing becomes very difficult to fulfill is where the majority of cases have been found. Each province and each locality decides its phase in relation to the number of cases that appear. This applies throughout the country except AMBA-CABA.

  • In the rest of the province of Buenos Aires and in each province, the local authorities are the ones who decide the phase they apply in their area, depending on the number of cases detected. The phases may change based on the appearance of new cases.

  • It is not possible to summarize all the regulations, but focusing on COVID-19 preventive measures, permits and protocols, it can be said that most regulations cover the following:

  • Each activity that require to open,must present a preventive specific protocol - (covid infection prevention protocol) , that must be approved by the authorities.

  • The area of the city of Buenos Aires (3.000.000 inhabitants) and the Great Buenos Aires area (13.000.000) are defining toghether wich activities are allowed or not due the increase of cases in slums (1700 in the area) and the high flow of movement of people that exists in this area.

  • Personal hygiene measures are maintained and strengthened, social distancing in all activities, borders are still closed, educational institutions in all levels are still closed and public transport is only for restricted use.

    The document with all the regulations, links and other information regarding COVID 19 issued up to June 19th, 2020 has been updated and is free to download at http://www.saij.gob.ar/docs-f/generales/digesto_emergencia_sanitaria_coronavirus.pdf

    4.       Which governmental authority issued these guidelines, and are they voluntary or mandatory?

Most of the regulations are being issued directly by the President through specific “Necessity and Urgency Decree” (DNU - Decreto de Necesidad y Urgencia).  Some specific guidelines were issued by “Superintendent of Work Risk” (Superintendencia de riesgos del trabajo).  All regulations and guidelines are mandatory. 

5.       Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?

Yes.  Regulatory authorities and the police monitor compliance with these rules.  Anyone who violates the contact restrictions may face sanctions, including fines and possible jail time.  Anyone who violates the measures adopted by the authorities to prevent the introduction or spread of COVID-19 could be punished with jail from six months to two years.  Anyone who resists or disobeys a public official could be punished with jail from fifteen days to one year.

Violation of any of the measures and guidelines mentioned above will be sanctioned according to the National Penal Code (art. 205, art. 239 and related. Specific information about the mitigation measures and potential penalties can be found at: http://servicios.infoleg.gob.ar/infolegInternet/anexos/15000-19999/16546/texact.htm

6.       Has your country adopted any laws or regulations related to COVID-19?

ART 2º.- SOCIAL, PREVENTIVE AND COMPULSORY DISTANCING: It establishes the measure of “social, preventive and compulsory distancing” for all persons residing or transiting in large urban areas of the Argentine provinces as long as can verify the following epidemiological and health parameters:

  • The health system must have enough and adequate capacity to respond to health demand.

  • The urban area, department or other must not be defined by the national health authority as those that have “community transmission” of the SARS-CoV-2 virus.

  • That the doubling time of confirmed cases of COVID-19 is not less than FIFTEEN (15) days.

  • In urban areas, departments or other that do not meet these requirements, Article 10 and corresponding provisions of this decree will apply, which will also apply to the areas bordering on them.

  • The measure of "social, preventive and compulsory distancing" will be effective from June 8 to June 28, 2020, inclusive.

ART 4º.- The circulation of people outside the limit of the area where they live is prohibited, unless they possess the “Unique Certificate for Circulation - Emergency COVID-19”

  • In the event of detecting situations of risk of the spread of the SARS-CoV-2 virus, the Governors may order the preventive isolation of people who enter the province from other provinces for a maximum period of FOURTEEN (14) days. .

  • Provincial authorities may issue regulations that limit circulation by hours or by zones to minimize the spread of the SARS-CoV-2 virus.

ART 5º.- People must maintain a minimum distance of TWO (2) meters between them, use face masks in shared spaces, regularly clean their hands, cough in the elbow crease, disinfect surfaces, ventilate rooms and areas and strictly comply with the activity protocols and the recommendations and instructions of the provincial and national health authorities.

ART 6º.- Only economic, industrial, commercial or service activities may be carried out if they have an operating protocol approved by the provincial health authority, with the recommendations of the national authority.

  • The provincial authorities, according to epidemiological conditions, may regulate days and hours for carrying out activities and establish additional requirements.

ART 8º.- The face-to-face classes will remain suspended at all levels until further notice.

ART 9º.- The following activities are prohibited:

  • Holding events in public or private, social, cultural, recreational, religious and other spaces with more than TEN (10) people in attendance.

  • Practice of any sport where more than TEN (10) people participate or that does not allow maintaining the minimum distance of TWO (2) meters between the participants.

  • Cinemas, theaters, clubs, cultural centers.

  • Intercity, inter-jurisdictional and international passenger transport, except in authorized cases.

  • Tourism. Only with exceptions to be granted in the future. Exceptions must be authorized with the protocol.

ART 10.- Prorogued until June 28 including “social, preventive and compulsory isolation”,

ART 11.- Areas places reached by the social, preventive and mandatory isolation:

  • AMBA-CABA

  • San Fernando (Chaco)

  • Bariloche and General Roca (Province of Río Negro)

  • Rawson (Province of Chubut)

  • Córdoba (Province of Córdoba)

ART 12.- The workers of national agencies and all national public sector, who are not reached by the exceptions must not assist to their offices, but they will carry out their tasks from their personal places.

ART 13.- NEW EXCEPTIONS: The provincial authorities may request new exceptions from the national authorities to comply with “social, preventive and compulsory isolation” and to prohibit movement or allow activities. industrial, service, commercial, sports or recreational.

They must have the approval of the provincial health authority and indicate the protocol to be implemented.

Exceptions will only be authorized if the employer guarantees the transfer of workers without the use of the public transport service (BUSES, trains and subways)

ART 15.- The following activities are prohibited:

  • Face-to-face classes at all levels.

  • Public and private events: social, cultural, recreational, sports, religious.

  • Shopping centers, cinemas, theaters, cultural centers, libraries, museums, restaurants, bars, gyms, clubs and any public or private space that involves the attendance of people.

  • Intercity, inter-jurisdictional and international passenger transport, with the exceptions.

  • Tourism.

ART 17.- The provinces must carry out the monitoring of the epidemiological evolution and the sanitary conditions and send them to the NATIONAL MINISTRY OF HEALTH

ART 19.- The use of public transport will remain only for people who carry out essential activities

“ADMINISTRATIVE DECISION” AND OTHERS

These are administrative regulations of lesser scope than laws, decrees and resolutions.

These regulations are issued to establish permits or allow activities on a local scale in some regions of provinces or small towns or cities where no cases of COVID19 have been registered or are contained and therefore some industrial, commercial and service activities are authorized.

This is the list of these “administrative decisions” and their links if needed:

The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available.  If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.

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