La gestión del impacto del coronavirus en las organizaciones debería llamar la atención de los oficiales de cumplimiento. La protección de los empleados y sus familias siempre fue un objetivo importante de la función de cumplimiento. La gestión del nuevo coronavirus no es sustancialmente diferente de otros programas corporativos de respuesta a pandemias como la gripe H1N1 y el SARS. Este artículo proporciona 5 consejos para que los oficiales de cumplimiento apoyen a sus organizaciones en el tratamiento de los requisitos legales y de seguridad a nivel global.
1- Mantener la confidencialidad de los empleados afectados: Para cumplir con los requerimientos legales contra la discriminación, la identificación de los empleados infectados o sospechosos debe mantenerse lo más confidencialmente posible. Los oficiales de cumplimiento deben reforzar las políticas de confidencialidad y privacidad en los gerentes de línea y el personal de recursos humanos. Además, las comunicaciones generales no deben vincular el riesgo de infección a las personas que usan mascarillas ni a ningún país o raza específica.
2- Fomentar las bajas por enfermedad: incluso en las primeras etapas, se debe solicitar a los empleados que presentan síntomas de influenza como fiebre o tos que se queden en casa. Este requisito también debe considerar a los miembros de la familia y otros cohabitantes. Siguiendo las orientaciones oficiales internacionales y nacionales, los oficiales de cumplimiento deben hacer excepciones temporalmente a las políticas sobre licencias por enfermedad y salarios para permitir que los empleados se queden en casa en caso de cuarentena, incluso cuando no se presente la documentación médica.
3- Limitar los viajes y las reuniones de negocios: Los viajes desde y hacia áreas de alto riesgo como China, Irán e Italia del Norte deben ser limitados o excepcionalmente permitidos con aprobaciones de alto nivel. Las videoconferencias deben ser una alternativa recomendada a las reuniones de negocios, especialmente las grandes. Los oficiales de cumplimiento deben asegurarse de que se comuniquen los cambios en la cobertura de los seguros de viaje, así como las alertas y restricciones de viajes y salud pública de los gobiernos.
4- Proteger a los empleados, contratistas, subcontratistas y visitantes con mayor riesgo. Las actividades que requieren el uso de equipos de protección personal , incluida la protección respiratoria, deben reevaluarse ante las amenazas de coronavirus. Se debe solicitar la desinfección de áreas comunes y elementos táctiles con frecuencia. Los empleados con funciones críticas deben identificarse para garantizar que puedan trabajar desde su hogar u otros lugares. La notificación de casos de infección y medidas de seguridad debe acordarse con proveedores y otras terceras partes de conformidad con las cláusulas contractuales. Los oficiales de cumplimiento deben asegurarse de que las buenas prácticas de higiene en el lugar de trabajo se actualicen, comuniquen, capaciten y supervisen para respetar con el deber de cuidado hacia los empleados y terceros. Tener un único punto de contacto para abordar los problemas relacionados con el coronavirus es efectivo para una comunicación constante.
5- Comprender el impacto legal de la interrupción de operaciones. Los cambios relacionados con las prácticas laborales deben involucrar a los sindicatos y representantes de los empleados. Los oficiales de cumplimiento deben equilibrar los requisitos legales con acciones de respuesta para evitar la propagación del coronavirus en el lugar de trabajo. Este punto requiere identificar los requisitos de los contratos, laborales y de salarios cuando las oficinas, instalaciones y plantas se cierran en una pandemia
Hernan Huwyler, Director del Programa Superior de Compliance de IE LAW SCHOOL
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