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Puerto Rico COVID-19 Update Executive Orders No. 2022-002 and No. 2022-003

By: Alicia Lamboy, Esq.

Angel Berberena, Esq.

January 14, 2022

On January 13, 2022, the Governor of Puerto Rico, Hon. Pedro R. Pierluisi, issued Executive Orders 2022-002 and 2022-003 (here) (EO 2022-002 & EO 2022-003, respectively) extending the effectiveness of EO 2021-075; EO 2021-085, and EO 2021-086 until February 2, 2022. These orders also establish additional requirements to control the recent spike of COVID-19 cases in Puerto Rico.

EO 2022-002 modifies EO 2021-085 by reducing to 75% the maximum occupancy load of government and private commercial operations receiving public in closed environments, such as, retail businesses (i.e., retail stores and shopping centers), supermarkets, medical offices, financial and professional services, and funeral homes. It also encourages businesses not receiving public, but operating in a closed environment, to reduce the maximum occupancy load to 75%. EO 2022-0002 also extends the occupancy load limit applicable to theaters, coliseums, convention centers, and restaurants to 50% if indoor, or 75% if outdoor, until February 2, 2022. The deadline extension also applies to commercial establishments providing services to the public which must close from 12:00 AM to 5:00 AM until February 2, 2022.

EO 2022-003 requires all employees working in hotels, hostels, theaters, coliseums, convention and activities centers to receive the COVID-19 booster no later than February 15, 2022 as a condition to be considered fully vaccinated. Employees unable to get the booster dose before the aforementioned date will have thirty days to obtain the booster once the condition preventing them to receiving the booster ceases. These employees are required to certify to their employers the completion of the vaccination process by February 15, 2022, or provide weekly COVID-19 test results, or show a positive result of a COVID-19 test performed within the last three months. Failure to comply with at least one of these requirements will prevent employees from working in person.

Goldman Antonetti & Córdova, LLC stands ready to assist you and your business to adjust to Puerto Rico’s regulatory and legal changes. If you need further assistance in this area, please contact any of the following members of our Firm:

Alicia Lamboy
[email protected]

Angel Berberena
[email protected]

Howard Pravda
[email protected]

Romel Meléndez
[email protected]

Gabriel Quintero
[email protected]

Vicente Antonetti
[email protected]

Luis D. Ortiz Abreu
[email protected]

Disclaimer: Although the information included in this document may concern legal issues, it is not a legal opinion or professional advice and clients shall not use it as such. We assume no responsibility or liability of any kind for any information contained herein, and we expressly disclaim all liability for any claim for damages arising from the use, reference to, or reliance on, such information. If legal or other expert assistance is required, the services of a competent professional should be sought.