The Official State Gazette (BOE) of May 3rd published the ministerial orders that will govern phase “0” of de-escalation from May 4th throughout Spain (and phase 1 in the islands of Formentera, Gomera, El Hierro and La Graciosa) adopting different measures regarding retail trade, hospitality and catering, safety for the use of means of transport, works in premises, homes and areas of buildings that meet certain conditions, practice of professional and federated sport and archives.
We inform you that the Official State Gazette (BOE) of May 3rd published several ministerial orders governing Phase 0 of the de-escalation process, beginning May 4th throughout Spain (and Phase 1 on the islands of Formentera, La Gomera, El Hierro, and La Graciosa). These orders adopt various measures regarding retail trade, hospitality and restaurants, safety on public transport, construction work in premises, homes, and areas of buildings that meet certain conditions, professional and federated sports, and archives.
Specifically, the following Ministerial Orders, which we explain below, have been published and are in effect from 00:00 on May 4, 2020, until the end of the state of emergency, including any extensions, or until circumstances justify a new ministerial order modifying these provisions:
- Order TMA/384/2020, of May 3, which dictates instructions on the use of masks in the different means of transport and sets requirements to guarantee safe mobility in accordance with the plan for the transition to a new normal.
- Order SND/385/2020, of May 2, amending Order SND/340/2020, of April 12, which suspends certainactivities related to construction work on existing buildings where there is a risk of COVID-19 infection for people not involved in said work. This Order entered into force on May 3, 2020.
- Order SND/386/2020, of May 3, which relaxes certain social restrictions and determines the conditions for the development of retail trade and service provision activities, as well as hospitality and restaurant activities in the territories least affected (Islands of Formentera, La Gomera, El Hierro and La Graciosa) by the health crisis caused by COVID-19.
- Order SND/388/2020, of May 3, establishing the conditions for the opening to the public of certain businesses and services, and the opening of archives, as well as for the practice of professional and federated sport.
1. Safety Regulations for the Use of Means of Transport.
The aim is to minimize risks in places with a high potential for contagion, such as enclosed spaces and public places where large numbers of people congregate. In this context, the transport of goods and passengers must continue, in all cases, with appropriate health protection.
Currently, it is considered necessary to establish the conditions for the use of face masks in the different modes of transport, as well as vehicle occupancy criteria.
Therefore, the mandatory use of face masks covering the nose and mouth is established:
1. For all users of bus, rail, air, and sea transport, and for users of public passenger transport in vehicles with up to 9 seats, including the driver.
However, this does not apply to ships and boats when passengers are inside their cabins.
2. For all transport service workers who have direct contact with passengers, who must also have access to hydroalcoholic solutions for frequent hand use.
On the other hand, regarding vehicle occupancy conditions in land transport, the requirements can be grouped as follows:
1. Vehicles that, due to their technical characteristics, only have one row of seats (heavy vehicle cabs, vans, or others): a maximum of 2 people may travel, provided that both wear masks and maintain the maximum possible distance. Otherwise, only the driver may travel.
2. Regarding the transport of people in vehicles with up to 9 seats, including the driver:
- Private and private complementary transport: 2 people per row of seats, provided they use masks and respect the maximum distance between occupants.
- Public passenger transport: 2 people per row of seats beyond the driver's row, ensuring, in all cases, the maximum possible distance between occupants. 3. Transport where all occupants must be seated (regular, discretionary, and private supplementary passenger transport by bus, as well as rail transport): the maximum possible separation between passengers must be ensured, such that no more than half of the available seats may be occupied. In all cases, the row behind the driver's seat must remain empty on buses.
4. Public passenger transport with standing areas: Passengers should maintain the maximum possible distance from one another, with a guideline of half the available seated capacity and two passengers per square meter in the standing area.
Enhanced protection for users is also planned at transport hubs (stations, interchanges, airports, maritime stations) where passengers enter and exit. The necessary procedures and organizational measures will be established and implemented to ensure the orderly movement of passengers through the facilities and prevent overcrowding. Timetable adjustments may be made if necessary to reduce peak-hour congestion.
2. Lifting of the suspension of works in premises, homes and areas of buildings that meet certain conditions.
With effect from May 3, 2020, Order SND/385/2020 modifies Order SND/340/2020, to include, within the works exempt from the suspension, those carried out in premises, homes or other delimited areas of the building that are not inhabited, or to which the residents do not have access while the works last, provided that all of the following conditions are met:
- 1. The movement of workers and materials through non-sectorized common areas should be limited, and all appropriate measures should be taken to avoid contact with the building's residents during the workday.
- 2. Access to and from these premises, homes or areas occurs at the beginning and end of the working day.
- 3. Workers adopt the prevention and hygiene measures against COVID-19 indicated by the health authorities.
In addition, access to non-sectorized areas of the building is permitted, in order to carry out the specific operations of connection with the building's service networks that are necessary to undertake the works.
Until now, these works could only be carried out if the access areas to homes or premises could be divided into sectors.3. Conditions for the opening to the public of certain businesses and services, the opening of archives and the practice of professional and federated sport.
Through Order SND/388/2020, in force at 00:00 hours on May 4, 2020 and which will remain effective throughout the duration of the state of alarm and its possible extensions, the conditions are established for the opening to the public of certain businesses and services, and the opening of archives, as well as for the practice of professional and federated sport.
These activities are basically a part of retail and professional service activities that can provide service by appointment; hospitality and catering, although only with collection service; and the practice of professional and federated sport, in addition to the reopening of archives.
3.1 Retail establishments and premises and similar service providers
3.1.1 Reopening
All retail establishments and premises and professional service providers whose activity was suspended following the declaration of the state of alarm pursuant to Article 10.1 of Royal Decree 463/2020, of March 14, declaring the state of alarm for the management of the health crisis caused by COVID-19, may reopen to the public, with the exception of those with an area of more than 400 square meters, as well as those that are part of a shopping center or retail park, or that are located within them without direct and independent access from the outside, provided that they meet the following requirements:
a) An appointment system will be established that guarantees that only one customer per worker is present inside the establishment or premises at any one time, and waiting areas inside the premises may not be enabled.
b) Individualized customer service will be guaranteed with the appropriate physical distancing as stipulated in this Order or, if this is not possible, through the installation of counters or partitions.
c) Preferential service hours will be established for people over 65, coinciding with the time slots designated for walks and physical activity for this group.
These measures will not apply to retail businesses and establishments permitted to open to the public under Royal Decree 463/2020of March 14 (i.e., retail establishments selling food, beverages, and essential goods; pharmacies; healthcare facilities; veterinary clinics and centers; opticians and orthopedic product stores; stores selling hygiene products; newsstands and stationery stores; gas stations; tobacconists; stores selling technological and telecommunications equipment; pet food stores; online, telephone, and mail-order businesses; dry cleaners; laundromats; and hairdressing services offered at home). These businesses may remain open under the same conditions as before the entry into force of the aforementioned Royal Decree (March 14), without prejudice to compliance with the health and safety measures discussed below.
Notwithstanding the above, the effective reactivation of social services will be promoted through the reinstatement of all necessary personnel in Phase 0 of the Plan for the Transition to the New Normal.
All establishments and premises that are permitted to reopen to the public may, where applicable, establish systems for the collection of purchased products, provided they guarantee staggered collection to avoid crowding inside the premises or at the entrance.
Travel to establishments and premises may only be undertaken within the municipality of residence, unless the service or product is not available there.
3.1.2 Hygiene measures that must be applied in establishments and premises open to the public
- At least twice a day, the premises will be cleaned and disinfected , paying particular attention to frequently touched surfaces such as doorknobs, counters, furniture, handrails, vending machines, floors, telephones, coat racks, shopping carts and baskets, faucets, and other similar items, according to the following guidelines:
(i) One of the cleanings must be carried out at the end of the day;
(ii) Disinfectants such as freshly prepared bleach solutions (1:50) or any commercially available virucidal disinfectant authorized and registered by the Ministry of Health will be used. If a commercial disinfectant is used, the label instructions must be followed.
(iii) After each cleaning, the materials used and the personal protective equipment (PPE) used will be disposed of safely, followed by handwashing.
A break from opening hours may be taken during the day, preferably at midday, to allow for maintenance, cleaning, and restocking.
Furthermore, workstations will be cleaned and disinfected at each shift change, paying particular attention to counters, partitions, keyboards, payment terminals, touchscreens, work tools, and other frequently handled items, especially those used by more than one employee.
When more than one employee will be present in the establishment or premises serving the public, cleaning measures will extend not only to the sales area but also, where applicable, to private employee areas such as changing rooms, lockers, restrooms, kitchens, and break areas.
Uniforms and work clothes, if applicable, will be washed and disinfected daily using a washing machine in cycles between 60 and 90 degrees Celsius. In cases where uniforms or work clothes are not used, the garments worn by employees in contact with customers must also be washed under the conditions specified above.
- Adequate ventilation will be ensured in all establishments and commercial premises.
- Customers will not be allowed to use the restrooms in commercial establishments except in cases of strict necessity. In such cases, toilets, faucets, and door handles will be cleaned immediately
- All establishments and premises must have waste bins, preferably with lids and pedals, for disposing of tissues and other disposable materials. These bins must be cleaned frequently and at least once a day.3.1.3 Risk prevention measures for personnel providing services in establishments and premises open to the public.
The following workers may not return to their jobs in commercial establishments:
a) Workers who, at the time of the reopening of the commercial establishment, are in home isolation due to a COVID-19 diagnosis or have any symptoms compatible with COVID-19.
b) Workers who, although asymptomatic, are in home quarantine due to contact with a person with symptoms or diagnosed with COVID-19.
The owner of the economic activity carried out in the establishment or premises must, in all cases, comply with the risk prevention obligations established in current legislation, both generally and specifically to prevent the spread of COVID-19.
In this regard, it will be ensured that all workers have personal protective equipment appropriate to the level of risk, consisting at least of face masks, and that they have readily available in the workplace hydroalcoholic gels with virucidal activity authorized and registered by the Ministry of Health and/or hand soap.
The above will also apply to all workers from third-party companies providing services at the premises or establishment, whether on a regular or occasional basis.
- Fingerprint timekeeping will be replaced by any other timekeeping system that guarantees adequate hygiene measures for the protection of the health and safety of workers, or the timekeeping device must be disinfected before and after each use, warning workers of this measure.
- The layout of workstations, the organization of shifts and the rest of the working conditions present in the center will be modified, as necessary, to guarantee the possibility of maintaining the minimum interpersonal safety distance of two meters between workers, this being the responsibility of the owner of the economic activity or the person to whom he delegates.
- The distance between the seller or service provider and the customer throughout the customer service process will be at least one meter when protective elements or barriers are in place, or approximately two meters without these elements.
- In the case of services that do not allow the maintenance of interpersonal safety distance, such as hairdressers, beauty centers or physiotherapy, the appropriate personal protective equipment must be used to ensure the protection of both the worker and the client, ensuring in all cases the maintenance of a distance of two meters between one client and another.
- Likewise, social distancing measures must be observed, where applicable, in changing rooms, lockers and toilets for workers, as well as in rest areas, dining rooms, kitchens and any other common areas.
- If a worker begins to experience symptoms consistent with the illness, they must immediately contact the telephone number provided for this purpose by the regional government or the corresponding health center. The worker must leave their workstation until their medical condition has been assessed by a healthcare professional.3.1.4 Protection and hygiene measures applicable to customers inside establishments and premises.
- The time spent in establishments and premises will be strictly limited to what is necessary for customers to make their purchases or receive the service.
- In establishments where personalized service for more than one customer at a time is possible, the two-meter interpersonal safety distance between customers must be clearly indicated with floor markings, or through the use of barriers, signs, and other signage. In any case, the same employee may not serve multiple customers simultaneously.
- Establishments and premises must make available to the public dispensers of hydroalcoholic gels with virucidal activity authorized and registered by the Ministry of Health, at the entrance of the premises, and must always be in a condition for use.
- In establishments and commercial premises that have self-service areas, the service must be provided by a worker of the establishment, in order to avoid direct handling of the products by customers.
- Trial products will not be made available to customers.
- In establishments in the textile retail sector, and clothing alteration and similar businesses, fitting rooms must be used by only one person at a time and must be cleaned and disinfected after each use. If a customer tries on an item of clothing but does not purchase it, the establishment owner must implement measures to ensure the garment is sanitized before being made available to other customers.3.2 Hospitality and catering activities.
- Hospitality and catering activities may be carried out through home delivery services and through the collection of ordersby customers at the corresponding establishments, with consumption inside the establishments being prohibited.
- Home delivery services may establish a preferential delivery system for people over 65 years of age, dependent people or other groups more vulnerable to COVID-19 infection.
- For in-store pickup services, customers must place their order by phone or online, and the establishment will schedule a pickup time to avoid crowding in the vicinity.
The establishment must also have a designated and clearly marked area for order pickup where the exchange and payment will take place. In all cases, proper physical distancing must be ensured, or, where this is not possible, counters or partitions must be installed. Notwithstanding the above, in establishments with drive-through ordering and pickup points, customers may place orders from their vehicles at the establishment and then proceed to pick them up.
- Establishments may only remain open to the public during order collection hours.
Regarding risk prevention measures:
- The following workers will not be allowed to return to their jobs in commercial establishments:
a) Workers who, at the time of the reopening of the commercial establishment, are in home isolation due to a COVID-19 diagnosis or have any of the symptoms compatible with COVID-19.
b) Workers who, without having symptoms, are in a period of home quarantine due to having had contact with a person with symptoms or diagnosed with COVID-19.
- The owner of the economic activity carried out in the establishment or premises must, in any case, comply with the risk prevention obligations established in current legislation, both in general and specifically to prevent the spread of COVID-19.
- In this regard, it will be ensured that all workers have personal protective equipment appropriate to the level of risk, consisting at least of face masks, and that they have readily available in the workplace hydroalcoholic gels with virucidal activity authorized and registered by the Ministry of Health and/or hand soap.
Regarding hygiene measures for customers and capacity limits:
- The owner of the hospitality and catering business operating in the establishment must, in all cases, provide customers with:
a) At the entrance of the establishment: hydroalcoholic gels with virucidal activity authorized and registered by the Ministry of Health, which must always be in usable condition.
b) At the exit of the establishment: waste bins with non-manually operated lids, equipped with a garbage bag.
- The time spent in the establishments where orders are collected will be strictly limited to what is necessary for customers to collect their orders.
- In establishments where personalized service for more than one customer at a time is possible, the two-meter interpersonal safety distance between customers must be clearly indicated with floor markings, or through the use of barriers, signs, and other signage. In any case, the same employee may not serve multiple customers simultaneously.
- If it is not possible to serve more than one customer at a time under the conditions outlined in the previous point, access to the establishment will be granted individually, and no more than one customer will be allowed inside at any one time, except in cases where an adult is accompanied by a person with a disability, a minor, or an elderly person.3.3 Specific security plans and/or organizational protocols for retail trade.
All the measures in the previous sections may be supplemented by specific security plans and/or organizational protocols agreed upon by the workers themselves through their representatives and the employers or employers' associations in each sector, and adapted to the actual conditions identified in the risk assessment for each activity.
In any case, we will keep you informed of any new developments that are approved in this regard.
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A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
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