By Adriano Dutra
On April 29th, the Federal Supreme Court (STF) struck down Article 29 of Provisional Measure (MP) 927/20.
The aforementioned article provided that cases of Coronavirus infection would not be considered occupational diseases, except upon proof of a causal link.
While the STF decision increases protection for professionals, on the other hand, it raises a red flag for organizations to minimize the impact of potential disputes and litigation on the matter that could result in compensation payments.
After all, did the professional contract the disease at work or in other environments?
When dealing with healthcare professionals working on the front lines of the fight against the pandemic, the existence of a causal link is evident. According to reports, approximately ten thousand professionals have already been infected.
However, the issue I would like to address is the debate surrounding workplace contamination in other organizations across various sectors.
In this regard, aiming at the protection of internal employees and contractors, as well as shielding organizations against potential liabilities, it is essential for companies to take preventive action.
In this context, the recommendation is that companies should pay attention to the following points:
- Provide clear, ongoing guidance to employees regarding COVID-19 prevention;
- Maintain quarantine policies for professionals who have come into contact with infected individuals or traveled through areas considered at risk;
- Redouble care concerning the provision, training, and oversight of the use of personal protective equipment (PPE);
- Adopt measures to separate work environments (where possible);
- Maintain or expand remote work (taking care to formalize the practice through contracts).
Indeed, the measures above are essential to minimize the effects of the virus's spread, providing greater protection to professionals and their families. In parallel, these measures demonstrate a proactive intention and approach to preventing the occurrence of workplace contamination and the payment of damages.
