Face masks now mandatory in São Paulo for employees working in essential activities

As another measure to prevent the coronavirus spread, the State of São Paulo enacted Decree 64,959/2020, which requires the use of facial protectors inside business that develop essential activities. The measure is effective as of May 7, 2020 and its violation may result in penalties provided in the same legislation.

The Decree determines that the facial protection is a condition of entry and permanence (even if occasional) at the business site. So companies that conduct essential activities must implement this measures for their employees, as a way to mitigate potential exposure.

Compliance with the Decree’s determinations becomes even more relevant due to the recent case law of the Brazilian Supreme Court and the Regional Labor Courts, which understand that COVID-19 can be classified as an occupational disease, triggering labor and social security impacts.

In view of the Courts’ current position, the provision of facial protection for employees who perform non-essential activities can be advisable, not only to mitigate contamination risks, but also as a precaution for future discussions re. COVID-19 infections at the workplace.

Our labor team is available to assist you in reviewing the impacts of this recent Decree.