Find out if your company can require the use of the mask in the work environment

Since Thursday (17), the use of a mask in closed environments is no longer mandatory in the state of São Paulo, according to a government decree that exempts the use of protective equipment, with the exception of public transport – including taxi and car. application – and in healthcare areas such as clinics and hospitals.

A week earlier, the city of Rio de Janeiro also decreed the end of mandatory masks in closed places.

Despite the release decrees, experts point out that companies can still require the use of safety equipment in their environments, whether in the factory or office.

Labor lawyer Henrique Melo, from NHM Advogados, points to a federal ordinance (Interministerial Ordinance No. 20/2020, amended by Ordinance No. maintains the mandatory use of masks in work environments.

“This ordinance maintains the use of masks in the work environment mandatory, except in cases where the person does not belong to the risk group and does not work in a shared environment, but in a private room”, he said.

“As a shared environment, we still have to maintain the use of masks within companies,” he added.

This is the same understanding of the lawyer Cristian Baldani, partner in the labor area of ​​Veirano Advogados. According to him, the state and municipal decrees do not rule out the provisions in force, as the competence to legislate on the subject is at the federal level.

“The maintenance of the protocol with the use of masks by companies does not find a legal barrier, since the company has a duty to maintain a safe and healthy environment with all its employees”, he declared.

Flávia Azevedo, also a partner in the labor area of ​​Veirano Advogados, stressed that the ordinance in force requires that surgical or fabric masks be provided for all workers.

“Companies must offer face protection compatible with the activities (PFF2 masks or even face shields for industrial activities, for example) and maintain the use of masks in general”, he said.

refuse to work

With the new state and municipal decrees in some places in Brazil, some companies can still choose to ignore the federal decree and decide to make the use of masks optional.

In these cases, lawyer Henrique Melo says that the employee can refuse to work if his colleagues are not wearing a mask and in a shared environment, without being fired because of their position.

“There can be no dismissal if the employee refuses to work in a place where no one wears a mask and demands protection in the work environment. It can be anchored in the federal government ordinance, which is still in force. I even think it will be changed, but nothing has changed for now,” she explained.

Vaccine passport

For Henrique Melo, companies can still continue to demand the vaccine passport from their employees. According to him, there are “more and more cases of employees dismissed for just cause who refuse to provide proof of vaccination”.

“Justice has been favorable in these cases where companies want to keep workers vaccinated,” he declared.