September 21, 2020

Volume X, Number 265

September 18, 2020

Subscribe to Latest Legal News and Analysis

Puerto Rico Health Department Adopts Additional Measures to Manage COVID-19 Pandemic

Additional measures adopted by the Puerto Rico Department of Health to manage the COVID-19 pandemic include administrative fines for noncompliance.

Regulation No. 9210 applies to natural persons (visitors and residents), as well as legal entities in Puerto Rico, and went into effect on August 21, 2020.

Requirements

Under the Regulation, individuals must:

  1. Cover their nose and mouth by wearing a mask while away from home either in indoors or outdoors spaces.

  2. Maintain social distancing of at least six feet between one another.

  3. Disinfect their hands before entering closed spaces and when leaving.

  4. Avoid and refrain from coordinating or participating in events and activities that involve the gathering of people without the required social distancing.

  5. Remain in their homes if exposed to someone that has tested positive for COVID-19 and immediately notify their employers and the Puerto Rico Department of Health.

Further, the Regulation provides that legal entities must require persons entering their premises to:

  1. Use masks that cover the nose and mouth of the individual.

  2. Sanitize their hands.

  3. Take temperature.

  4. Maintain social distancing.

Legal entities also must comply with the capacity limitations provided in the Executive Order issued by the Puerto Rico Governor.

Administrative Fines

Failure to comply with Regulation No. 9210 can result in fines of $100 for individuals and $500 for legal entities. Fines must be paid within three business days from the date of issuance. If the fine is not paid within three business days, the amount will be doubled.

An entity or individual who considers that no violation has taken place, has 30 days to request judicial review. The process requires filing a petition before the Court of First Instance. The filing of a judicial review does not exempt the alleged offender from paying the fine within the established term of three business days.

***

A part of the Regulation appears to reference arrests for failure to comply. Under the authority conferred by the Police Reform Agreement, the Federal Court has requested clarification on this from the Department of Health.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 240

TRENDING LEGAL ANALYSIS


About this Author

Sara Colón-Acevedo, Jackson Lewis, wage hour lawyer, employment discrimination attorney, puerto rico courts legal counsel, administrative forum law
Shareholder

Sara E. Colón-Acevedo is a Shareholder in the San Juan, Puerto Rico, office of Jackson Lewis P.C. Her practice concentrates in employment discrimination and wage and hour law counseling and litigation on behalf of employers in Puerto Rico local and federal courts.

Ms. Colón-Acevedo has extensive trial experience before both federal and local courts and administrative forums in Puerto Rico. She also has experienced defending employers facing collective wage and hour class actions.

In her...

787-522-7310
Karla Carrillo-Russe Associate San Juan General Employment Litigation
Associate

Karla Carrillo-Russe is an Associate in the San Juan, Puerto Rico office of Jackson Lewis P.C. Her practice focuses in litigating employment matters before state courts as well as providing clients with preventive advice and counseling.

Ms. Carrillo-Russe advises and represents clients in a broad range of employment matters, including claims of discrimination, retaliation, wrongful termination, reasonable accommodation issues, retaliation, and wage and hour claims, among others.

787-522-7308