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INDIA

The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner.  Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.

1.       Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness? 

The Ministry of Labour & Employment website has a page dedicated to Advisories on COVID-19 accessible at https://labour.gov.in/advisories-covid-19. This includes a letter issued to all public and private employers to support their employees and workers.  There are, however, no specific guidelines or requirements for when COVID-19 cases are classified work-related.

2.       Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?

The Ministry of Home Affairs issues Guidelines for Containment for COVID-19 in India. The various Guidelines on Management of COVID-19 can be accessed on the dedicated website created by the Government of India https://www.mygov.in/covid-19

The national lockdown is extended in Containment Zones till 30 June 2020 and a phased reopening of activities since 01 June 2020 outside Containment Zones. The link to the Order from Home Secretary can be accessed at https://www.mha.gov.in/sites/default/files/MHADOLrDt_3052020.pdf

To facilitate the phased reopening Ministry of Health & Family Welfare has developed Guidelines on Preventative Measures to contain the spread of COVID-19 for the following sectors: Hotels, Offices, Religious Places, Shopping Malls, and Restaurants. These Guidelines can be accessed at https://www.mohfw.gov.in/

A set of Guidelines on Containment of COVID-19 in India were issued on 17 May 2020 extending eth nationwide lockdown from 17 May 2020 to 31 May 2020. The Guidelines continue to prohibit the activities from the previous notification. The activities permitted except in the containment zones are listed. The National Directives on COVID-19 Management are specified in Annexure II. Additional directives for workplaces are included in this Annexure continuing from the previous Guideline dated 01 May 2020. The link to the guideline document is https://www.mha.gov.in/sites/default/files/MHAOrderextension_1752020.pdf

The earlier set of Guidelines issued on 01 May 2020 included measures to be taken for containment of COVID-19 during the period 04 May 2020 to 17 May 2020. These Guidelines define the method of identifying and classifying Containment Zones and the protocol to be followed in these zones. Annexure I of these Guidelines contains National Directives for COVID-19 Management for public places and workplaces. The link to the guideline document is https://www.mha.gov.in/sites/default/files/MHA%20Order%20Dt.%201.5.2020%20to%20extend%20Lockdown%20period%20for%202%20weeks%20w.e.f.%204.5.2020%20with%20new%20guidelines.pdf

Consolidated Guidelines for Containment of COVID-19 were issued on 15 April 2020 permitting certain activities from 20 April 2020. The Guideline document provides Standard Operating Procedures (SOP) for offices, workplaces, factories and establishments in Annexure II. These will be continued along with the additional guidelines issued in the later Orders. The SOP includes mandatory thermal scanning for all persons entering and exiting the workplace. Medical insurance has also been made mandatory for workers. The offices. Workplaces/ factories/ establishments are required to maintain a list of nearest hospitals/clinics that are authorized to treat COVID-19 patients. The link to the guideline document is https://static.mygov.in/rest/s3fs-public/mygov_158694130451307401.pdf

The applicable penalties for violation of the guidelines are provided in each fo the above three Orders from the Ministry of Home Affairs.

3.       Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business?  If so, please list them below and how long they will be in place.?

Refer response to question 2.

The website of Ministry of Health and Family Welfare https://www.mohfw.gov.in/ posts latest updates related to COVID-19.

To facilitate the phased reopening of activities since 01 June 2020, Ministry of Health & Family Welfare has developed Guidelines on Preventative Measures to contain the spread of COVID-19 for the following sectors: Hotels, Offices, Religious Places, Shopping Malls, and Restaurants. These Guidelines can be accessed at https://www.mohfw.gov.in/

An Updated Containment Plan for Large Outbreaks of COVID-19 dated 16 May 2020 has been prepared by the Ministry of Health and Family Welfare and can be accessed at https://www.mohfw.gov.in/pdf/UpdatedContainmentPlanforLargeOutbreaksofCOVID19Version3.0.pdf

4.       Which governmental authority issued these guidelines, and are they voluntary or mandatory?

The guidelines are issued by the Ministry of Home Affairs and are mandatory.

The Guidelines on Preventative Measures to contain the spread of COVID-19 are issued by Ministry of Health and Family Welfare. These are mandatorily to be followed.

5.       Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?

Violation of the lockdown will be considered an offence and penalties will be applicable under the Disaster Management Act, 2005 and Indian Penal Code 1960.  For example, under Section 51 of the Disaster Management Act 1960, whoever refuses to follow directions of the State or Central Government could be punished with imprisonment for one year, a fine or both.

The applicable penalties are provided in Annexure III of the Guideline document dated 15 April 2020 referenced in response to question #2.

6.       Has your country adopted any laws or regulations related to COVID-19?

A number of Orders have been issued by Ministry of Home Affairs that can be accessed at: https://www.mha.gov.in/

The Orders, and Guidance Notes issued by the Ministry of Health & Family Welfare can be accessed at: https://www.mohfw.gov.in/

Refer response to question #3 for details on items included on the website.

The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available.  If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.