Governor Pedro Pierluisi issued yesterday Executive Order 2021-058 establishing a mandatory vaccination policy for all Executive Branch employees and recommending that private sector employers implement similar mandatory vaccination policies. Puerto Rico Secretary of Health also reinstated through administrative order a new mandatory masking requirement for indoor and outdoor activities regardless of status of vaccination .

Amidst growing concern, and in an effort to promote vaccination considering the recent dramatic increase in COVID-19 cases and hospitalizations, Puerto Rico Governor Pedro R. Pierluisi issued Executive Order 2021-058 (OE-058) implementing a mandatory vaccination policy for all Executive Branch employees. Pursuant to this Order, all Executive Branch Employees must receive the first dose of one of the FDA approved COVID-19 vaccines before August 16, 2021, when OE-058 becomes effective, and must complete the vaccination cycle on or before September 30, 2021.

Secretary of Health also issued yesterday Administrative Order AO-512 that reverts its June 21, 2021 Administrative Order (AO-506) relaxing masking requirements for completely vaccinated individuals. Under AO-512, all individuals will be required now the use of masks indoors, regardless of the vaccination status, and the requirement to wear masks outdoors when unable to comply with the six (6) feet social distancing rule. A brief discussion of both orders follows.

OE-058 lists certain exceptions to this mandatory vaccination policy. These are:

1. Employees with a compromised immune system will not be required to comply with the mandatory vaccination policy, when they present a medical certificate accrediting the condition.

 

1. Employees who are allergic to vaccines will not be required to comply with the mandatory vaccination policy when they present a medical certificate accrediting the allergy to the vaccine.

 

1. Employees who take medication that is contraindicated with the COVID-19 vaccine will not be required to comply with the mandatory vaccination policy. A physician must certify the duration of the contraindication and whether it is temporary or permanent. If temporary, the employee will be required to comply with the mandatory vaccination policy once the contraindication ends.

 

1. Employees with sincerely held religious beliefs against inoculation will not be required to comply with the mandatory vaccination policy. Under this exception, the employee must present a sworn statement in which the employee and the minister or pastor of the religious organization certify under penalty of perjury that vaccination is contrary to their religious beliefs.

Employees who cannot receive a COVID-19 vaccine for any of the reasons stated above may return to the workplace following Department of Health requirements on social distancing and use of facemasks. Also, they will be required to present a weekly negative SARS-CoV2 test (taken within the previous 72 hours) on the first day of every work week to be able to enter their worksite. Likewise, employees who refuse to abide by the mandatory vaccination policy and/or refuse to submit their vaccination card will also be required to submit a negative SARS-CoV2 test (taken within the previous 72 hours) on the first day of every work week. Employees who refuse to comply with this weekly testing requirement must exhaust all available leaves of absence. When the leaves of absence have not been accrued or have been exhausted, the employee will then be required to take leave without pay until the emergency ends.

Further, Section 5 of OE-058 recommends that all private employers implement similar mandatory vaccination policies. Moreover, the Order recommends that all commercial establishments require customers to show either a: (i) vaccination card; (ii) negative SARS-CoV2 test taken within previous 72 hours or (iii) positive COVID-19 test from at least 3 months prior with supporting medical documentation regarding patient’s successful recovery. As stated earlier, OE-058 will be effective on August 16, 2021.

Furthermore, following the Centers for Disease and Control Prevention (CDC)’s recommendation, the newly issued Department of Health AO-512 reinstates masking requirements for fully vaccinated employees and reverses any prior Order inconsistent with the restored requirements. In essence, the Administrative Order provides that any operation, private or public, such as stores, medical offices, government offices, casinos, financial services, consumer services, professional and non-professional, university, and post-secondary educational institutions, religious, cinemas, theaters, coliseums, bars, among others, that operate in closed spaces will require the mandatory use of face masks, regardless of the individual’s vaccination status. AO-512 also requires the use of facemasks in all indoor venues, regardless of vaccination status.  Additionally, AO-512 mandates the use of facemasks in outdoor venues when social distancing of at least six (6) feet is not possible.  AO-512 applies to every person or entity who provides services or products for profit or for free, including establishment owners, private activities producers and any other private or public entity that, as part of the services or products offered, serves, or receives the public at its facilities. Noncompliance with the Administrative Order may result in fines ranging from $100 to $500.  AO-512 is effective immediately.