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.