Blog

Author Atty. Kristine R. Bongcaron  

Under the Memorandum from the Executive Secretary entitled Community Quarantine Over the Entire Luzon and Further Guidelines for the Management of the Coronavirus Disease 2019 (Covid-19) Situation dated March 16, 2020 (the “Guidelines”), the Enhanced Community Quarantine or ECQ was implemented in the entirety of Luzon, including the National Capital Region (“NCR”) beginning 12:00 am of March 17, 2020 until 12:00 am of April 13, 2020.[1] ECQ is defined as a measure “where strict home quarantine shall be implemented in all households; transportation shall be suspended; provision for food and essential health services shall be regulated; and heightened presence of uniformed personnel to enforce quarantine procedures will be implemented”.[2]

Under the Guidelines, private establishments providing basic necessities and such activities related to food and medicine production (“exempt establishments”) shall be open.[3] For the list of exempt establishments, kindly refer to the MVGS article titled COVID-19 and the Enhanced Community Quarantine: FAQs on Labor and Employment dated March 31, 2020.

The Guidelines require that in all such open establishments, their respective managements shall ensure the adoption of a strict skeletal workforce to support operations, as well as all strict social distancing measures.
The skeletal workforce of covered enterprises and establishments shall be allowed to enter and exit control points upon presentation of any of the following:[4]

• Valid Company Identification Card
• Proof of Residence
• Certification of Employment

To further facilitate transit of personnel of covered enterprises and establishments, an official Inter-Agency Task Force (“IATF”) identification issued by the Department of Trade and Industry (“DTI”) shall be presented. [5]

Following are social distancing measures required to be implemented by open establishments during the ECQ:

DTI Memorandum Circular No. 20-04 dated March 15, 2020 Prescribing Implementing Guidelines for IATF Resolution No. 12 Issued by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases on Social Distancing and Business Operations  (the “Circular”) provides general and specific guidelines that must be observed by open establishments during general community quarantine. In practice, open establishments have continued implementing general community quarantine measures as health and safety measures during the ECQ.

a.  General guidelines

• Reiterate flexible work arrangements referred to under Department of Labor and Employment (DOLE) Labor Advisory No. 09, series of 2020, including but not limited to, other work arrangements, such as telecommuting, work from home, reduction of workdays/hours, rotation of workers and forced leave
• Restrict mass gatherings such as but not limited to general assemblies, large meetings or conferences, outdoor events that attract large crowds and non-essential work-related gatherings

b.  Social distancing measures for establishments engaged in retail

• The selling area shall have a density of one (1) person per square meter of unimpeded space (“carrying capacity”).
• Establishments must educate their employees/staff on the importance of social distancing; observe precautionary measures to prevent the spread of Covid-19 by strictly regulating the entry of people in accordance with the carrying capacity of the establishment.
• Establishments must remind the public to observe social distancing through signages and public address system.
• Establishments must implement strict sanitary measures including the use of sanitizing solutions in high-touch, high-traffic areas, elevators, shopping carts and baskets.
• Establishments must notify the public health authorities of employees and/or staff who show signs or symptoms of Covid-19

c.  Social distancing measures for establishments not engaged in retail

• Safety and health measures are strictly observed.
• Businesses are encouraged to provide temporary housing for its workers outside of the NCR.

d.  Safety and health measures

• Infectious disease preparedness response plan. Establishments in operation shall prepare plan to protect against the spread of Covid-19.

–   Plans should consider and address the level(s) of risk associated with various worksites and tasks that workers perform on those sites.
–   Business establishments whose workers have been exposed to Covid-19 must implement contact tracing in coordination with the Department of Health (“DOH”) and the local government unit concerned.

• Basic infection prevention measures. Employers should implement good hygiene and infection control practices, including:

–   Promoting frequent and thorough hand washing by providing workers, customers, and worksite visitors with a place to wash their hands, among other measures. If soap and running water are not immediately available, provide alcohol-based hand rubs containing at least 70% alcohol.
–   Encourage workers to stay at home if they are sick.
–   Encourage respiratory etiquette, including covering coughs and sneezes.

• Workplace preparations.

–   Provide customers and the public with tissue, alcohol and trash receptacles.
–   Discourage workers from using other workers’ phones, desks, offices, or other work tools and equipment when possible.
–   Maintain regular housekeeping practices, including routine cleaning and disinfecting of surfaces, equipment, and other elements of the work environment, using Food and Drug Administration approved cleaning materials.

 
Strictly monitor and conform to safety and precautionary guidelines issued by the DOH.