The Collegiatte  Board of Health Surveillance Agency(ANVISA)  approved on last  Friday (11/02/2022), a resolution amending the ordinance  584/2021, updating the rules for operation, loading and unloading on oil and gas platforms and cargo vessels. Among the changes are, for example, the requirement that tests for Covid-19 be carried out in shorter periods and closer to boarding, in order to reduce cases on board.

The update of the ordinance  is based on currently known information on the dynamics of Covid-19 variants in circulation in Brazil, on the epidemiological situation currently observed and on the specific characteristics of the operation of gas and oil platforms and cargo ships.

Check out the main aspects of the the new ordinance , 605/2022 

The measure maintains complete vaccination as a mandatory condition for the entry of people aboard cargo ships and platforms.

The new text maintains aspects related to the importance of continuing all non-pharmacological measures fundamental to contain the contagion, such as the use of masks and social distance.

For port workers who need to board vessels for routine operations, the standard now requires the use of N95 or PFF2 type masks during these activities.

Given the impact of the Omicron variant, with its very high transmissibility, the pre-shipment policy was stricter, with a reduction in testing time. The PCR must be performed within 48 hours before departure and not more than 72 hours, as it used to be. The antigen test is still accepted, but must be performed within 12 hours prior to departure, as opposed to the 24 hours in advance initially planned. In both cases, shipment will be authorized only when the result is negative or non-reactive. Such a temporal reduction in the testing window aims to avoid the shipment of positive cases.

Other changes include cases of exemption from prior testing for port operators and for exclusively cabotage navigation (between ports in the country) with Brazilian crew, provided that they are fully vaccinated, with the use of professional masks and by carrying out a testing and monitoring program, the be performed by the port administrators.

Not all wastes will necessarily need to be classified as infectious. Segregation must follow the criteria available in item I of article 7 of RDC 56/2008, that deals with Classification of  Solid waste . The item I relates to the waste that presents a potential or effective risk to public health and environment due to  the presence of biological agents considering their virulence, pathogenicity or concentration characteristics.

In line with the policy adopted by countries such as the United States, the United Kingdom,  and also by ther  European countries , which recommend that individuals who have had Covid-19 in the last 90 days should not undergo a new test, the rule provides for the exemption of testing for individuals affected by the disease in the last 90 days, after having complied with the recommended isolation period after the infection, provided that they are fully vaccinated, with remission of symptoms and upon presentation of a medical certificate declaring aptitude to return to work. This measure is due to the effect known as persistent PCR, which in practice is when the person is no longer infected, but continues to have positive results.

ANVISA also explainned that some textual adjustments were also made to provide clarity in the adoption of the established guidelines, such as:

 

1. Replacement of mandatory medical evaluation from daily to periodic for asymptomatic and fully vaccinated contacts.
2. When the crew disembarks by air, the captain or the person responsible for the vessel or platform must notify the case to the State Coordination of Anvisa located in the federative unit of disembarkation.
3. All infected and suspected cases on platforms must be disembarked as soon as possible, aiming at the health safety of workers on board. This measure sought to align with the guidelines set out in Regulatory Norm 37 (NR-37), edited by the Ministry of Labor and Welfare, which provides for safety and health on oil platforms.

ANVISA highlighted that amendment to the Annex  was effected to  clarify the procedure to be adopted in the event of the need for additional testing of contacts close to a vessel that operates under options 1 or 2 of the Annex to the Resolution.

 

FREE TRANSLATION

ORDINANCE No. 605, of FEBRUARY 11th, 2022

 

Amends the Ordinance  of the Collegiate Board of Directors – RDC No. 584, of December 8, 2021, which provides for sanitary measures for the operation and for the embarkation and disembarkation of platforms located in Brazilian jurisdictional waters and of cargo vessels, due to the Emergency of Public Health of International Importance – ESPII resulting from the SARS-CoV-2 pandemic.

The Collegiate Board of Directors of the National Health Surveillance Agency, in the use of the attribution conferred on it by art. 7, III and IV, allied to art. 15, III and IV, of Law No. 9,782, of January 26, 1999, and to art. 187, VI and § 1 of the Internal Regulations approved by the Collegiate Board Resolution – RDC No. 585, of December 10, 2021, resolves to adopt the following Collegiate Board Resolution, as resolved at the Extra meeting No. 4, held on February 11 2022, and I, the Chief Executive Officer, determine its publication.

Art. 1 The Ordinance of the Collegiate Board of Directors – RDC No. 584, of December 8, 2021, published in the Federal Union  Official  Gazette No. 231, of December 9, 2021, Section 1, p. 406, becomes effective with the following changes:

Art. 4  …………………………………………….. ………………………………………………………. ……………

II – presentation of a document proving the performance of a RT-PCR or RT-LAMP type nucleic acid amplification laboratory test, to screen for SARS-CoV-2 infection, with a negative or non-detectable result, performed within 48 hours prior to the time of shipment, or non-reactive result by rapid antigen test performed within 12 hours prior to shipment; and

• 5 Non-crew professionals and third parties, when providing exclusive port support service, are exempt from complying with item II of the caput, provided they use particulate respirators, type N95 or type PFF2, maintain physical distance from crew members embarked and are submitted to the monitoring program provided for in item XIII of Art. 34 of this Resolution.

 

• 6° Vessels in exclusively cabotage navigation with the entire crew embarked in national territory are exempt from complying with item II of the caput.

 

• 7 Individuals who have had COVID-19 in the last ninety days, counted from the date of onset of symptoms or sample collection for diagnosis, after meeting the recommended isolation period after infection, are exempt from complying with item II of the caput, as long as they are fully vaccinated, with remission of symptoms and upon presentation of a medical certificate declaring aptitude to return to work.

Art. 6 The disembarkation of international, Brazilian or foreign travelers is subject to the presentation of a document proving the performance of a RT-PCR or RT-LAMP-type nucleic acid amplification laboratory test to screen for SARS-CoV- 2, with a negative or undetectable result, performed within 72 hours prior to disembarkation, or non-reactive result by rapid antigen test performed within 24 hours prior to disembarkation.

• 4 The documentation provided for in the caput and in §3 of this art. must be presented to the local unit of the National Health Surveillance Agency – ANVISA responsible for the port where the disembarkation will take place, which will be responsible for the necessary referrals for the authorization or not of the disembarkation, without prejudice to the performance of other intervening public bodies.

 

• 5 In compliance with §3, at the discretion of the health authority, updates of the maritime health declaration and records of the ship’s medical book may be required, in addition.

 

Note from Brazil P&I :

The §3  deals with the disembarkation authorization of foreign crew provided for in the caput is additionally conditioned to the presentation of:

I – term of responsibility for expenses arising from the transshipment signed by the shipping agent;

II – corresponding air tickets;

III – Completion of the Term of Sanitary Control of the Traveler – TCSV, according to Annex IV of the Resolution of the Collegiate Board of Directors – RDC No. 21, of March 28, 2008, or any other that may replace it.

 

Art. 12. …………………………………………….. ………………………………………………………. ……………

Single paragraph. When there are suspected or confirmed cases of COVID-19 on board, solid waste classified as infectious that is part of item I, art. 7, RDC – Resolution of the Collegiate Board No. 56, of August 6, 2008, or whichever replaces it, must be submitted to onboard management, in accordance with the solid waste management plan, and must be technically treated on board by a methodology that guarantees the microbiological inactivation or collected, packaged and transported by a specialized company, holder of a Business Operation Authorization (AFE), for proper treatment and final disposal of waste.

Art. 18. The confirmed or suspected case of COVID-19 must be kept in isolation for the period provided for in the Interministerial Ordinance MTP/MS No. 20, of June 18, 2020, its amendments or any other that may replace it.

• 2° The symptomatic crew member, even with a negative result by RT-PCR or RT-LAMP, must remain in isolation until medical evaluation.

 

Article 18-A. It is incumbent upon the legal person responsible for the vessel or platform to identify suspected, confirmed cases and close contacts of COVID-19, through internal protocols that define epidemiological screening criteria for the current health event.

 

Art. 19. Contacts close to the suspected or confirmed case who are not fully vaccinated must be kept in quarantine for the period defined in the Interministerial Ordinance MTP/MS No. 20, of June 18, 2020, its amendments or any other that may come to replace it until the infection is ruled out or confirmed.

 

Art. 20. Contacts close to the suspected or confirmed case who are fully vaccinated must self-monitor for a period of 14 days and are exempt from quarantine, provided they reinforce non-pharmacological measures to prevent the transmission of SARS-CoV-2 , adding the following measures:

 

V – be subjected to periodic health assessments.

 

Art. 21. …………………………………………….. ………………………………………………………. ………….

• 3° Asymptomatic individuals fully vaccinated, embarked under the terms of §7°, art. 4, are exempt from the testing provided for in the caput for a period of ninety days, counted from the date of onset of symptoms or sample collection for diagnosis.

 

Art. 22. The local ANVISA unit responsible for the Port may quarantine the crew, regardless of the vaccination status, for the time defined in the Interministerial Ordinance MTP/MS No. 20, of June 18, 2020, its amendments or any other that may come to replace it, if identified:

II – presentation of an inconclusive diagnosis report;

Art. 23. The disembarkation of confirmed, suspected and close contacts is allowed, regardless of the vaccination status against COVID-19, for continuity of compliance with sanitary measures on land.

• 1 The permission referred to in the caput must be provided for in the Contingency Plan for Public Health Emergency of the Port or Airport of disembarkation and is subject to the prior authorization of the local ANVISA unit.
• 4 In the event of disembarkation under the terms of §3 of the caput, the local ANVISA unit responsible for the port or airport of destination or operation must be informed within a period of up to 4 (four) hours of disembarkation.
• 6 When there is a disembarkation of crew by air, the captain or person responsible for the vessel or platform must notify the case to the State Coordination of ANVISA located in the federative unit of disembarkation.

 

Note from Brazil P&I:

• 3 of Art. 23 deals with :

The disembarkation,  provided for in the caput may be carried out without the authorizations provided for in §§ 1 and 2 in cases of urgency and health emergency, provided that the agreed safety protocols and Contingency Plan for Public Health Emergencies of  the Port are observed.

 

Art. 24-A. Confirmed and suspected cases must be disembarked from platforms located in Brazilian jurisdictional waters, as soon as possible, without prejudice to labor standards and regulations of the National Agency of Petroleum, Natural Gas and Biofuels.”

 

“Article 28. …………………………………………… ………………………………………………………. ………….

• 4 The local ANVISA unit responsible for the port may impose option 3 provided for in the annex, regardless of the crew’s vaccination status, when there are indications of cases on board related to a variant of concern (VOC) or of interest (VOI) of the SARS-CoV-2 that is not in sustained transmission in the national territory.

 

Article 34 …………………………………………… ………………………………………………………. ………….

IV – in the event of the provisions of item III, ensure that the epidemiological investigation is carried out and that its employees and service providers comply with all the quarantine and isolation measures provided for in the Interministerial Ordinance MTP/MS No. June 2020, its amendments or any other that may replace it;

XIII – Establish a health monitoring program for port workers that includes periodic testing protocols for the detection of SARS-CoV-2 infection.

Art. 2º  To Revoke the Paragraph 1 of art. 6 and the sole paragraph of art. 20 of the Resolution of the Collegiate Board of Directors – RDC No. 584, of December 8, 2021.

Art. 3 The Annex to the Resolution of the Collegiate Board of Directors – RDC No. 584, of December 8, 2021, becomes effective in the form of the Annex to this Resolution.

Art. 4 This Resolution enters into force on the date of its publication.

Annex

Options	Management of nearby contacts
Option 1   CREW CHANGE	. All unvaccinated crew disembark for a 14-day quarantine onshore. · Then all frequently touched surfaces (e.g. door handles, handrails, light switches, telephones) in spaces shared on board must be cleaned and disinfected. . The new crew members board the ship to resume operations. . The need to carry out the tests provided for  art. 21 does not prevent the vessel from continuing its operations
Option 2   QUARANTINE IN WORK	. Quarantine on duty for 14 days onboard of the essential crew does not vaccinate, provided they are asymptomatic.   .  Strict physical distancing.   . Mandatory mask in all places, except cabins.   . Frequently touched surfaces (e.g. door handles, handrails, light switches, telephones) in shared spaces onboard must be cleaned and disinfected. .  The need to carry out the tests provided for  art. 21 does not prevent the vessel from continuing its operations
Option 3   DISCONTINUE TEMPORARILY THE OPERATIONS (QUARANTINE OF THE VESSEL)	.  Quarantine of 14 days aboard of non-essential and unvaccinated crew members. · Quarantine on essential crew work without signs or symptoms. . Strict physical distancing. . Mandatory mask in all environments, except cabins. · Frequently touched surfaces (e.g. door handles, handrails, light switches, telephones) in shared spaces onboard must be clean and disinfected. · Ship operations suspended (i.e. ship remains at dock, quay or anchorage).