The Association of Spanish Soccer Players (AFE) is aware of everything that its members may need in a moment of anxiety before this crisis of the coronavirus that affects world soccer. For this reason, it has sent a protocol of action to its more than 10,000 affiliates to follow rules and guidelines in the workplace.
The full statement is as follows:
“The Association of Spanish Soccer Players has sent its more than 10,000 members an affiliate protocol of action, following the instructions set out in the labor guide of the Ministry of Labor and Social Economy, in relation to the crisis caused by the expansion of the coronavirus. The guide sets the following guidelines, mandatory for all citizens:
1. Introduction: Coronaviruses are a wide family of viruses that normally affect only animals. Some have the ability to transmit from animals to people. SARS-CoV-2 is a new type of coronavirus that can affect people. It was first detected in December 2019 in Wuhan City, Hubei Province, China. As the Ministry of Health points out in relation to the protection of workers at risk of exposure to the new coronavirus, it is necessary to start from a series of premises: a) Coronavirus is a virus previously unknown in human pathology. b) Isolation measures, in the cases investigated, constitute the first protection barrier for both the affected working person and the rest of those susceptible to contact with the patient. The latest global events that have led the world to a serious health crisis, Classified by the WHO as a pandemic due to the rapid spread of the Coronavirus, it is imposing both governments and the rest of the institutions dependent on them, to take hitherto unknown measures to cut the contagion of the population and ensure its health. and sports institutions cannot be oblivious to it, and must assume the responsibility of taking the necessary measures advised by the competent authorities, to ensure that they avoid occupational risks, which in this case are the spread and spread of infection among their workers and workers.
2. – Prevention of occupational risks. Protection of the health of working people
2.1. Stoppage of activity by company decision Companies can adopt organizational or preventive measures that temporarily avoid situations of social contact, without the need to paralyze their activity. However, and for when this is not possible, in accordance with the provisions of article 21 of law 31/1995, of November 8, Prevention of Occupational Risks (LPRL), and regarding the risk of contagion due to coronavirus, when workers are or may be exposed to a serious and imminent risk on the occasion of their work, the company will be obliged to:
Inform as soon as possible about the existence of said risk,
Take the measures and give the necessary instructions so that, in case of serious and imminent danger, the working people can interrupt their activity and, if necessary, leave the workplace immediately. In application of this rule, companies must proceed to paralyze work activity in the event that there is a risk of contagion by coronavirus in the workplace, despite the activation of measures that allow the development of work activity as an alternative. Once the competition has been postponed, and in view of the serious and imminent risk of contagion, we consider that the Clubs / SADs, in accordance with the instructions that are being carried out by the health authorities, should replace the collective training sessions with a individual training plan that the footballer can follow until circumstances allow a return to group training with safety for the health of the footballers.
2.2.- Stoppage of the activity by decision of the workers In the event that the provision of services in the workplace involves a serious and imminent risk of contagion by coronavirus, and in application of the provisions of the aforementioned article 21 LPRL, in section 2, also workers can interrupt their activity and leave the workplace. Workers and their representatives may not suffer any harm arising from the adoption of the measures referred to in the preceding paragraphs, unless they had acted in bad faith or gross negligence. For the purposes of points 1 and 2 above, it is necessary to take into account the definition that article 4.4 of the LPRL itself gives of a “serious and imminent” risk: 'Every aspect that it is probable that it will materialize in the immediate future and could be a cause of serious health for all the workers in the job. ” In the case of an exceptional situation, in which the company is required to carry out an additional prevention activity and specifically designed to cope with it, the interpretation to be given to the “situation of serious and imminent risk” must be a restrictive interpretation. In relation to the analysis of the severity required by the precept, if there is a risk of contagion, and regarding the harmful consequences of exposure to the virus, it can be affirmed that, if this possibility is real, its existence will be presumed in general. However, and with regard to the immediacy of the risk, the mere assumption or the social alarm generated are not sufficient to understand the requirements of the norm fulfilled, and an assessment without subjective appraisals must be made, taking exclusively into account reliable facts that lead to to understand that the continuation of the labor activity supposes the elevation of the risk of contagion for the working people. It is necessary to bear in mind, also, the foreseen in the article 44 LPRL on the possibility that the Labor Inspection has of paralyzing the works and tasks.
3.- Preventive measures: In general, the ordinary protection duties established in the occupational risk prevention regulations must be applied. The company's duty to protect implies that it must guarantee the safety and health of the workers at its service in all aspects related to work that are under its direction, that is, under its control capacity. In any case, companies must adopt those preventive measures of a collective or individual nature that are indicated, where appropriate, by the prevention service in accordance with the risk assessment, that is, depending on the type of activity, distribution and specific characteristics of the activity that the company carries out. Among the measures that can be adopted in accordance with the indications of the prevention service and always in accordance with the recommendations established by the health authorities, are the following: a) Organize the work so that the number of exposed workers is reduced, establishing rules to avoid and reduce the frequency and type of person-to-person contact. b) Adopt, where appropriate, specific measures for particularly sensitive workers. c) Provide information on hygienic measures, such as frequent hand washing, not sharing objects, ventilation of the workplace, and the cleaning of surfaces and objects. In this sense, companies must make the necessary hygienic material available to workers, and adopt the necessary cleaning protocols.On the other hand, ensure that their employees strictly follow the following advice also issued by the WHO:
Wash hands frequently
Cover your mouth with a tissue or elbow when coughing or sneezing
Use disposable tissues
Do not shake hands, reduce external contact
Do not touch your face or eyes
Only use a mask if you have symptoms of being infected
Avoid crowds
We must remember that in this all WE HAVE A RESPONSIBILITY, because even if there are no symptoms, any Club employee can be a carrier of the virus and infect his colleagues, loved ones and his surroundings, the measures established by the health authorities must be followed in a disciplinary manner. HEALTH IS NOT PLAYED”.