Anvisa’s Public Hearing on the adoption of new sanitary measures for the air sector is now open

​The Brazilian Health Regulatory Agency (Anvisa) has opened a Public Hearing concerning the proposal of a Collegiate Board Resolution (RDC) to establish specific measures to be adopted in aircraft and airports to combat the Covid-19 pandemic.

Public Hearing No. 894 (text in Portuguese), of August 12, 2020, will receive contributions from those interested in presenting their suggestions electronically until September 9, 2020, through a form available at Anvisa’s website.

We have highlighted the key proposed measures below:

Aircraft measures

According to the wording proposed by the RDC, aircraft operators shall adopt, among others, the following measures:

• Organize check-in and boarding procedures to secure a minimum distance of 1 meter between travelers;

• Proceed with the disembarking of passengers in rows to prevent crowding, duly informing travelers throughout the procedure;
• Ensure that audible warnings are played on all flights, observing the model approved by Anvisa, with guidelines on Covid-19;
• Provide liquid soap, paper towels, and hand sanitizers in the bathrooms and at the entrance of the aircraft; and
• Intensify cleaning and disinfection procedures at each stopover before boarding new passengers, considering the time on the ground required for executing the specific protocol for the activity and observing minimum criteria established in the RDC and accordance with the practices determined in other related rules.

On flights with suspected cases, the aircraft operator must send for professional laundry hygiene or dispose of as Group A (Infectious) waste, items such as pillows and blankets from the seats located in the same row, two rows in front and two rows behind the suspect traveler and their family group.

Also, concerning the onboard service, operators will be responsible for providing only individually packaged and, preferably, industrialized food. On domestic flights, the service should be suspended, except for packaged beverages for individual consumption.

Airports measures

Regarding the measures to be adopted by the airport terminal administrator, the RDC proposes to:

• Provide the circulation of guidance materials on preventive measures – such as audio and audiovisual warnings in the departure and arrival areas, together with the display of printed materials in crowded areas;
• Notify Anvisa of all suspected cases of Covid-19 identified in the airport area, including employees or any other people using the infrastructure, according to the local contingency plan;
• Oversee the cleaning and disinfection teams and ensure the intensification of procedures and protocols defined by RDC No. 56/2008 and RDC No. 02/2003 (texts in Portuguese);
• Adopt procedures to ensure a distance of at least 1 meter between travelers in check-in lines, baggage check and security inspections, as well as in departure, arrival, and food court areas; and
• Expand the availability of hand sanitizers throughout the airport terminal and ensure that bathrooms have liquid soap and paper towels for proper hand drying.

The airport terminal administrator shall ensure compliance with the Maintenance, Operation, and Control Plan (PMOC) of the air conditioning systems installed at the airport, as determined in RDC No. 02/2003 and Ordinance No. 3,523/1998 (text in Portuguese) of the Ministry of Health. Besides, the vehicles used for travelers’ displacement for remote boarding or arrival must be operated with up to 50% of its capacity.

It is important to highlight that the use of face masks inside the airport terminals is mandatory.

Measures for travelers

The RDC also establishes that travelers (both passengers and crew) diagnosed or showing symptoms of Covid-19 will be denied boarding by the air operator, regardless of whether the flight is domestic or international.

In addition, all travelers coming from abroad must complete the “Traveler’s Health Declaration” form (which will be available at Anvisa’s website) within 72 hours before check-in, for risk assessment of their health and exposure conditions. Travelers may only board upon presentation of a health insurance certificate, valid in Brazil and covering the entire stay, to the air operator.

The non-compliance with the provisions contained in the RDC shall constitute a sanitary violation pursuant to Law No. 6.437, of August 20, 1977 (text in Portuguese), without prejudice to the applicable civil, administrative and criminal liability.

For further information on the sanitary measures already adopted by the sector, click here and access the publication made by Mattos Filho’s practices areas of Aviation and Life Sciences and Healthcare.