Law on Mandatory Use of Masks and Application of Protocols (23-05-2020)

The use of masks or face coverings is mandatory for all persons without exception whatsoever who walk about the streets throughout the entire national territory or when they attend or remain in public places, or private places attended by more than five (5) persons in the same space.

The use of masks or face coverings is mandatory for users and operators of public transportation, private transportation subject to payment, elevators, and other means of transportation or personal displacement.

The use of masks or face coverings is mandatory for persons and those who operate in closed facilities in the following places:

• a)

  Pre-primary, primary, secondary, and higher education establishments;

• b)

  Public and private health establishments;

• c)

  Shopping centers, hotels, pharmacies, and other similar establishments open to the public;

• d)

  Ports and airports;

• e)

  Churches;

• f)

  Movie theaters, nightclubs, bars, restaurants, gaming casinos, and similar activities;

• g)

  Establishments where products, medications, or food are manufactured, processed, stored, or handled;

• h)

  Workplaces;

• i)

  Sports establishments open to the public such as gymnasiums or stadiums with the exception of athletes while engaging in the practice of sports;

• j)

  Nursing homes for elderly persons; and, k. Any private place or establishment where more than five (5) persons gather for any activity. Notwithstanding the foregoing, the use of masks or face coverings is excepted for those persons who are consuming food in places specifically equipped for that purpose.

It is mandatory for citizens to observe the social distancing measures dictated by the National Risk Management System (SINAGER); those who resist compliance shall be sanctioned in accordance with the provisions established in this Law and other applicable laws.

A mask or face covering is understood to be any material that covers the nose and mouth, whether of homemade, artisanal, or industrial manufacture.

Non-compliance with the measures established in this Law shall be monitored and sanctioned by the State Secretary in the Office of Security through the National Police, and agreements may be established with local authorities for the execution of community work. Persons who do not use or refuse to use masks or face coverings as established in this Law shall be applied a fine of two hundred Lempiras (L. 200.00) or the obligation to perform community work for six hours, on the first offense, and shall be provided with a mask by the Government through the authority that detains them; in case of reoffense, detention for twelve (12) hours; in cases of habitual reoffense, they shall lose the right, where applicable, to enjoy the benefits of social programs, tax incentives, or other incentives promoted by the Government of the Republic. CHAPTER II APPLICATION OF MANDATORY BIOSECURITY PROTOCOLS

The establishments, industries, or commercial, religious, or sports activities mentioned in this Law, for their operation, must have authorization from the Executive Power through the National Risk Management System (SINAGER) without prejudice to the special provisions issued by the President of the Republic and State Secretaries.

All work centers or establishments referred to in this Law are obligated to apply and comply with biosecurity protocols due to the COVID-19 Pandemic approved by the Executive Power, in order to guarantee the health of workers and the general population. These biosecurity protocols must be published and made known in a visible manner to the population by those responsible for implementing them. It is the obligation of employers to supply at their own expense to all their employees all biosecurity implements.

In the case of non-compliance with the application of biosecurity protocols, the Executive Power is empowered through the State Secretary in the Offices of Labor and Social Security and the State Secretary in the Office of Security to temporarily cancel the operation of any establishment mentioned in this Law or work centers where it is determined that the application of said protocols is not being observed. Furthermore, it shall order immediate corrective measures to eliminate the risk of COVID-19 contagion and preventive measures to avoid the overcrowding of persons or any other measures that prevent possible disaster, all with the purpose of safeguarding life, the physical integrity, and health of workers and the general population. Such measures, according to each case, may consist of the total or partial suspension of the activities of the establishment or work center, including the restriction of access for persons, workers, or the general population to part or all of it, until such time as the necessary security measures are adopted to prevent disaster from occurring. The reactivation of operations may only be carried out through a communication from the State Secretary in the Offices of Labor and Social Security or the State Secretary in the Office of Security.

When workers do not comply with the measures established in the biosecurity protocols, they shall be sanctioned through the application of sanctions established in the internal work regulations and other applicable labor legislation.

Companies must urge citizens who require their services to use masks, alcohol-based gel, maintain social distancing, and any other measure or mechanism that prevents the spread of COVID-19; furthermore, they may only serve persons who are authorized to circulate on the day corresponding to them as provided by the Executive Power; in case of non-compliance, the sanctions set forth in this Law and other applicable laws shall be applied.

The Executive Power through the National Risk Management System (SINAGER) shall strengthen communication programs and campaigns to educate and instruct society about the mandatory use of masks or face coverings, as well as other biosecurity measures such as hand washing, permanent disinfection of work places, recreational areas, religious places, homes, and other places where persons congregate and are exposed to the spread of contagion; likewise, it is the obligation of the State to provide masks to low-income persons and extensive dissemination through media outlets.

EXCEPTIONS:

• a)

  Children under three (3) years of age;

• b)

  Persons with disabilities and those dependent on care;

• c)

  Persons with respiratory difficulties;

• d)

  Activities incompatible with their use, including: Sports and aquatic activities;

• e)

  Force majeure; and, f. Private vehicle operation.

This Decree enters into force from the day of its publication in the Official Gazette "La Gaceta" and shall remain in effect until the end of the Coronavirus pandemic. Done in the city of Tegucigalpa, municipality of the Central District, held in virtual form, on the Twenty-first day of the month of May of two thousand twenty. MAURICIO OLIVA HERRERA PRESIDENT JOSÉ TOMÁS ZAMBRANO MOLINA SECRETARY ROSSEL RENÁN INESTROZA MARTÍNEZ SECRETARY To the Executive Power. For Such Reason: Execute It. Tegucigalpa, M.D.C., May 23, 2020. JUAN ORLANDO HERNÁNDEZ ALVARADO PRESIDENT OF THE REPUBLIC THE STATE SECRETARY IN THE OFFICE OF THE PRESIDENCY EBAL JAIR DÍAZ LUPIÁN