COVID-19 Contagion as An Occupational Hazard in Mexico: Criminal Liability of The Employer

ABSTRACT

This paper analyzes the position ofguarantor of the employer -employer against the risks inherent in the work activities assigned to their dependent workers, based an the concept of "allowed risk" in the dangerous production process and the duty to ensure that the regulations occupational risk prevention assigns the employer, as "organizer" of the focus of danger. This general scheme requires a specific analysis against the risk of contagion of CO VID- 19 (as "occupational risIC). As a corollary of this study, certain details are presented here regarding the possible criminal liability of the employer in the face of this new viral risk, for which many characteristics are still unknown.