Sectoral health guidelines and protocols are adopted for the gradual resumption of transport and communications projects
Through Supreme Decree No. 080-2020-PCM, the gradual and progressive resumption of economic activities in Peru and the continuation of those that have been operating exceptionally were adopted. Said resumption shall be implemented in 4 phases, among others, 56 projects of the Transport and Communications sector.
Taking into account this legal framework, on May 7, Ministerial Resolution No. 259-2020-MTC/01 (“RM 259”) was published, which approved, among others, the requirements and the procedure for the resumption of transport and communications project.
Regarding the procedure, RM 259 establishes that the Implementing Unit of the Ministry of Transport and Communications (MTC) corresponding to each project is responsible for evaluating which services may be resumed, according to the targeting criteria adopted in the standard, and must communicate this decision to the project contractor. Once the communication is received, the operators submit their request for resumption, attaching the following documents:
(i) Location of the service;
(ii) Resumption plan; and,
(iii) Health Protocol, among other statements related to compliance with regulations to prevent COVID-19.
The Health Protocols must comply with the minimum content of the following standards:
(i) The Guidelines for health surveillance of the workers exposed to COVID-19, adopted by the Ministry of Health through Ministerial Resolution No. 239-2020-MINSA; and,
(ii) The sectoral Health Protocols adopted by Ministerial Resolution No. 257-2020-MTC/01 (“RM 257”). These are as follows:
– “Sectoral health protocol for the execution of road maintenance works in prevention of COVID-19” (Annex I of RM 257), which applies to all contractors or concessionaires responsible for the execution of the improvement at the level of basic solutions and/or road infrastructure maintenance, which have concluded or conclude contracts with the State, which shall apply in each of its interventions and shall apply to its workers, subcontractors and all those supplier companies that access the work and/or intervention. Likewise, where appropriate, it shall apply to directly administered conservation interventions. If necessary, they may be individualized and adapted to the reality of the interventions, depending on the characteristics of the workspaces, planning activities or tasks, their geographical location, among others.
– “Sectoral health protocol for the prevention of COVID-19, in contracts for the execution of works and services of the Road System” (Annex II of RM 257), which applies to all contractors or concessionaires responsible for the execution of the road infrastructure of the road network, which shall be applied in each of its interventions and shall be applied to its workers, subcontractors and all those supplier companies that access the work. If necessary, they may be individualized and adapted to the reality of the interventions, depending on the characteristics of the workspaces, the planning activities or tasks, their geographical location, among others. Likewise, as appropriate, it shall apply to services and works for the release of interferences that are carried out within the framework of Legislative Decree No. 1192.
– “Sectoral health protocol for the prevention of COVID-19, in works consulting contracts” (Annex III of RM 257). The protocol applies to all consulting companies responsible for the supervision or preparation of studies related to road infrastructure, which have concluded or conclude contracts with the Entity, which shall be applicable to its workers. Likewise, where appropriate, it shall apply to contracts for the release and acquisition of properties that are executed within the framework of Legislative Decree No. 1192, and includes contractors who have concluded or enter into contracts with the entity and are contracted to: supervision of road works contracts; bridge works supervision contracts; study preparation contracts; service supervision contracts; and, service contracts for the release and acquisition of properties.
– “Sectoral health protocol for the prevention of COVID-19 in the Implementation, Operation and Maintenance of Telecommunications Networks and Broadcasting Infrastructure” (Annex IV of RM 257), which applies to those who have signed financing contracts for such projects with PRONATEL as well as public service providers. It is mandatory for these companies and for broadcasters.
– “Sectoral health protocol for the prevention of COVID-19, in the execution of airport infrastructure works” (Annex V of RM 257), which applies to all responsible contractors which have concluded or conclude contracts with airport concession companies, which shall be applied in each of its works and shall be applicable to its workers, subcontractors and all those supplier companies that access the work. It also applies to non-concession airports, as long as it is compatible.
– “Sectoral health protocol for the prevention of COVID-19, in the execution of port infrastructure works of the national port system” (Annex VI of RM 257), which applies to concessionaires, port managers and contractors responsible for the execution of port infrastructure works of the National Port System. It is mandatory for its workers, subcontractors and all those supplier companies that access the work.
– “Sectoral health protocol for the prevention of COVID-19, for subways and railways” (Annex VII of RM 257), applicable to all public or private entities responsible for the design, construction, release of interference, operation (cargo and passengers), maintenance and supervision of the subways and railways, as well as for its workers, users, subcontractors and in general all those suppliers and their workers who access said activities and/or services.
Once the corresponding implementing unit of the MTC determines compliance with the requirements, it generates a username and password for the concessionaire to access the system specially enabled by the Ministry of Health for the emergency (SICOVID-19), and may record the documents. After registration, RM 260 foresees the start of the operational phase.
For more information, please contact Alejandro Manayalle (amanayalle@estudiorodrigo.com) or Diana Briones (dbriones@estudiorodrigo.com).
