Original Franco Fornari Feb.17
Source: Franco Fornari
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Franco Fornari
WANG JING & GH LAW FIRM
Foreign-related Legal Service
International Partner
Following the instructions from the Guangdong Provincial government regarding the date of production resume, many of the companies have started the resume of operation step by step since Feb. 10th, 2020. Foshan, as one of the Guangdong cities with important presences of manufacturing companies, has published several notices and guidelines regarding the resume of production. If you are one of those companies in Foshan who are planning to or have already resumed the operation, the following measures and requirement from Foshan municipal level shall be kept in mind:
Prior approval from local authorities before the resumption of work
Despite that there is no explicit requirement from municipal levels government regarding the mandatory prior authorization for companies to resume their operation, the official document issued by the Municipal Epidemic Control Office on Feb. 8th, 2020 regarding the Eight Strict Control Measures did mention that “entities that do not meet the epidemic control requirement shall not resume operation”. In addition, each district, town or community have their own authority to impose a more detailed and stricter implementation policy for the restart of production in some or all sectors within their area of jurisdiction.
For example, in Guicheng district, companies with more than 100 employees shall report to the Resume of Work Leading Group in district level and get the approval before the resume of work; while for companies with less than 100 employees, the approval shall come from Neighborhood Committee after the proper report. In Shishan Town Nanhai district, companies are required to submit a series of documents such as Safe Production Commitment Letter, Registration of Employee Health Status, Registration of Employee from Regions Severely Affected by Coronavirus, etc. and are subject to prior worksite inspection before they can have the approval from local authorities to resume operation. Unauthorized resume of work will have legal consequences. In Shunde, Chancheng district, prior application and approval from local authorities are also mandatory before the resumption of work.
General precautious measures against the spread of the virus
In line with the instructions from the provincial government, the Foshan municipal government also issued the following precautious measures on Feb. 8th, 2020 to be implemented in the resume of work:
- Establishment of epidemic control mechanism and contingency plan, with a clear hierarchy of responsibility
Companies shall make an epidemic control mechanism and a contingency plan. The principal responsible person of the entity (i.e. legal representative in general) is the first responsible person of the epidemic control, and a management hierarchy of responsible person on different levels shall be made, with a clear indication of their respective duty
2. A thorough survey of the employees’ health condition and arrange the resume of position accordingly
Companies shall have clear registration of health condition, whereabouts in the past 14 days of each employee involved in the resume of production. For those who have traveling history in the past 14 days in regions severely affected by the virus, a quarantine of no less than 14 days shall be imposed. Adoption of partial resume of work and postponed resume of work for non-critical work positions is highly recommended. For employees who are still in the regions severely affected by the virus, companies shall convince them to postpone the resumption of work.
Companies shall have sufficient epidemic control material, including infrared thermometer, disinfection cleaning products, masks, gloves, hand soap, etc. For those companies who are in the condition of having quarantine areas inside the worksite, make sure to have spare space for quarantine and medical observation use. For those who do not have the space and condition to do that, the government on district level shall arrange a quarantine area for medical observation in this regard.
4. Strict internal management and restricted access to worksites and avoid a cluster of people coming in and out by adopting flexible working schedule
Companies shall avoid entry of non-related people in the worksites. Adoption of flexible working schedules is encouraged to avoid a cluster of people coming in and out of office building. In addition, companies shall make sure the good ventilation, disinfection and hygiene of the work.
5. Education to personnel about epidemic control
Companies shall carry out publication and education regarding epidemic control inside the worksite to promote conscience against the spread of the virus
6. The “Five One” requirement
One meeting regarding epidemic control, one plan of resume of production, one thorough inspection of worksites, one safety education and one meeting before the resumption of work shall be carried out before the resume of production.
Measures for company canteen
In addition to the general precautious measures, the Foshan government also issued the following guideline on Feb. 8th, 2020, regarding the company canteen:
- Checking of facilities
Have a thorough checking of the facilities of water supply, cleaning and disinfection. Carry out daily effective cleaning and disinfection in the canteen, especially air-conditions. To avoid the use of central air-conditions.
2. Checking of personnel
All personnel working in the canteen shall have relevant health certificate; all personnel shall be subject to temperature checking before the preparation of each meal. Strict prohibition of personnel with fever, cough, sore throat, cold to be in work position; education to personnel regarding epidemic control against the spread of the virus
Strict inspection on the purchase of ingredient; strict prohibition of live animal presence or processing within the canteen; provision of cold food or non-cook food such as salad is not recommended; strict separation of raw ingredient and cooked food; masks and gloves are mandatory for personnel working in the canteen
4. Dining manners
Employees shall make sure they don’t have symptoms of the coronavirus, wash hands and wear masks before going to dine in the canteen; It’s recommended to dine separately or in small groups instead of a big cluster of employees dining in the canteen; maintain distance between people and minimize communication while dining.
Measures for company dormitory
Nanhai District has published the below guideline for the companies with employee dormitory:
1. Shall have a solitary room for medical observation and quarantine;
2. In case employees have fever, cough, short breath, companies shall report to the community immediately and send the employee to the nearby clinic;
3. Keep good hygiene, ventilation and disinfection within the dormitory. Close public areas with bad ventilation and a high concentration of people. Prohibit visits to different rooms of the dormitory building.
For more details and customized legal advice on resume of operation, especially to the local policy of each community, town, district of Foshan or other cities in Guangdong, please contact our legal team through eloisahu@wjngh.cn
