Recall warrants for Puerto Rico employees and additional measures against COVID-19 | Smaller

As COVID-19 positivity rates continue to decline, on February 13, 2022, Puerto Rico Governor Pedro Pierluisi issued three new executive orders revising traveler reporting requirements, easing COVID-19 restrictions and providing for additional vaccine booster mandates for certain employees. The new executive orders are summarized as follows:

Travel Restrictions – EO 2022-09

Traveler Declaration Form Any passenger over the age of two who arrives in Puerto Rico from a flight originating in any state or territory of the United States of America or any international destination must complete the “Traveller’s Declaration, COVID-19 Alert or the “Travel Declaration Form, COVID-19 Alert” (Traveller Declarations).1 Completing the traveler’s declarations includes, among other things, attaching a copy of the “COVID-19 vaccination card”, the Vacu-ID or the negative COVID-19 result.2 On the other hand, any passenger who has the Vacu-ID issued by the government of Puerto Rico indicating that he was inoculated with the booster dose, will be exempt from the obligation to complete the declarations of the traveler. In addition, an adult with a Vacu-ID traveling with a child over the age of two must complete the traveler’s declarations for the minor.

Domestic travelers Any passenger over the age of two arriving in Puerto Rico from any state or territory of the United States of America must comply with the following:

1) Vaccinated person: present proof that they are fully vaccinated.

2) Unvaccinated person:

a. Present a negative COVID-19 result from a qualified COVID-19 test that has been processed by a licensed healthcare professional (home testing is not acceptable) and that was performed within two days of arrival, Where

b. Present a positive COVID-19 result from the past three months with documentation of recovery.

vs. If the unvaccinated passenger does not present the COVID-19 test result at the time of arrival, they must undergo a qualified SARS-CoV2 virus test within 48 hours of arrival and must remain in quarantine pending the result.

International travelers Passengers arriving from any international destination must adhere to rules imposed by the U.S. government (“Advancing the Safe Resumption of Global Travel during the COVID-19 Pandemic”) and CDC orders applicable to Global Travel. In addition, all passengers over the age of two, except those excepted by the CDC, must present: (a) a negative COVID-19 result approved by a competent national authority, taken one day before boarding the the aircraft, whether or not the person is not vaccinated against COVID-19, or (b) a positive result for COVID-19 from the last 90 days before the flight, accompanied by documentation of recovery.

Exceptions Any member of the flight crew or aircraft mechanic who does not remain in Puerto Rico for a period of more than 72 hours, federal agents, state agents, officials working in the extradition process, personnel United States military and other personnel as determined by the Department of Health are exempt from complying with the provisions of this executive order. Likewise, people who return to Puerto Rico after a trip lasting less than 48 hours will be exempted from complying with what is ordered here. They must show proof of their flight from Puerto Rico. In all the exceptional circumstances described above, the person must comply with the presentation of either the Vacu-ID or the traveler declaration form.

Supporting Requirements for Additional Industry Sectors – EO 2022-010

Beauty salons, barbershops, spas, gyms, childcare centers (including Head Start and Early Head Start) and casino employees who are already vaccinated against COVID-19 must receive their booster dose to be considered fully vaccinated. Employees will have until March 15, 2022 to comply. Ineligible employees will have 30 days after becoming eligible to receive the booster shot to comply with this requirement. Employees who do not comply with the recall mandate must either present a negative COVID-19 test every seven days or a positive test result from the previous three months, along with proof of recovery and a letter from a provider of health care certifying that the individual is recovered. Employees who do not comply with any of the mentioned requirements cannot work in person and the employer can take all necessary measures. Individuals who perform voluntary service at any of the locations mentioned will also be considered an employee for the purposes of the recall warrant.

Maximum forum capacity and visitors EO 2022-011

Restaurants, including fast food outlets, food courts, bars, sports bars, cinemas, theaters, the Colosseum, the convention center, cafeterias and any other establishment selling food in an enclosed setting must limit their maximum occupancy to 75% (instead of 50%). .

This EO also modifies EO 2021-075, allowing mass activities as long as attendees over the age of five show one of the following: (1) a negative COVID-19 test result dated no more than two days prior to the event; (2) proof of vaccination, including a vaccine booster for eligible persons; or (3) proof of a positive COVID-19 test within the last three months.

In addition, all businesses in certain sectors (restaurants, bars, cafeterias, theaters, cinemas, sports bars and activity centers, hotels, hostels, inns, beauty salons, hairdressers, spa, gyms and casinos) must s ‘ensure that all their visitors over five years provide, before entering their premises, proof of vaccination, a negative COVID-19 test result or a positive test result from the previous three months as well as proof of recovery and a letter from a health care provider certifying that the individual has recovered. The establishment will be responsible for requesting this information before visitors enter the establishment. In the case of food establishments, persons who exclusively acquire food by delivery or curbside pickup are exempt. Visitors who refuse to comply with these requirements will not be permitted access to the premises. If the person is a guest of a hotel or hostel with short-term rentals, they cannot stay until they comply. Additionally, any beauty salon, barber shop, spa or gym that does not meet these requirements will be forced to limit its maximum capacity to 50%.

Finally, the EO requires all Covered Businesses to post a notice in prominent locations advising individuals of the confidential telephone number for COVID-19 reports created by the Department of Health. The sign should indicate if the venue inquires about visitors’ vaccination status or negative test results upon entry.3


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