The plan after the end of the alarm state is established with the RDL 21/2020 of June 9. This details the measures to continue fighting the Covid-19 pandemic and prevent possible outbreaks.
This plan will be implemented throughout the country. Its implementation will depend on the territorial units having passed Phase 3 and on the Government declaring the health crisis situation.
It provides that the delegated competent authority will be the Presidency of the Autonomous Community. For the adoption, suppression, modulation and execution of measures corresponding to Phase 3 of the De-escalation Plan in the exercise of its competences. Except for measures linked to freedom of movement that exceed the scope of the territorial unit determined for each Autonomous Community.
Furthermore, it is foreseen that the Autonomous Communities will be the ones that can decide, according to health and epidemiological criteria, to go beyond Phase 3 in the different provinces, islands or territorial units of their Community. And that, as a consequence, the measures derived from the declaration of the state of alarm in their respective territories will remain without effect.
Plan after the end of the state of alarm
The competent bodies of the General State Administration, the Autonomous Communities and the local entities, within the scope of their respective competences, will be responsible for the functions of supervision, inspection and control of the correct compliance of the measures established in this Royal Decree-Law.
The use of masks is still mandatory. For those over 6 years old when it is not possible to maintain the minimum safety distance of 1.5m. Specifically at:
- the public areas
- outdoor spaces
- and closed spaces
In addition, in the means of air, sea, bus, or rail transport. As well as in public and private complementary passenger transport in vehicles with up to 9 seats, including the driver. If the occupants of the passenger vehicles do not live together at the same address.
Failure to comply with the obligation to wear masks will be considered a minor offence and punishable by fines of up to 100 euros.
Workplaces in general
Without prejudice to compliance with occupational risk prevention regulations and other applicable labour regulations, the holder of the economic activity or, where appropriate, the director of the centres and entities, shall:
- Adopt ventilation, cleaning and disinfection measures appropriate to the characteristics and intensity of use of the work centres.
- Make available to the workers water and soap, or hydroalcoholic gels or disinfectants with virucidal activity. Authorised and registered by the Ministry of Health for hand cleaning.
- Adapt working conditions, including the organisation of work stations and shifts. As well as the use of common areas in such a way as to guarantee the maintenance of a minimum interpersonal safety distance of 1.5m.
- Adopting measures to avoid massive overlapping of people. Both workers and clients or users.
- To adopt measures for the progressive reincorporation into the workplace and the promotion of the use of teleworking when it is possible due to the nature of the work activity.
People who present symptoms compatible with COVID-19 or are in home isolation due to a confirmed diagnosis, should
- Should not go to their workplace.
- If a worker begins to have symptoms that are compatible with the illness, they will immediately contact the telephone number authorised for this purpose by the corresponding autonomous community or health centre. And, if appropriate, with the corresponding occupational risk prevention services.
- Immediately, the worker will put on a mask and follow the recommendations indicated. Until their medical situation is assessed by a health professional.
The competent administrations must ensure compliance by the owners of retail or wholesale commercial establishments of any kind of articles with the standards of gauging, disinfection, prevention and conditioning that they determine.
In any case, it must be ensured that the necessary organisational measures are taken to avoid crowding. Ensuring that customers and workers maintain a safety distance of at least 1.5m. Where it is not possible to maintain such a safety distance, appropriate hygiene measures shall be observed to prevent risks of contagion.
The competent authorities shall pay particular attention to the special features of shopping centres and retail parks. And of the markets that carry out their activity in the open air or for non-sedentary sales, commonly called flea markets.
Hotels and tourist establishments
Compliance with the rules on gauging, disinfection, prevention and packaging to be determined by the competent authorities must be ensured. By the holders of:
- hotels and similar accommodation
- tourist accommodations
- dormitories and similar
- And other short stay accommodation:
- caravan parks
- other similar establishments
In particular, it shall be ensured that appropriate organisational measures are taken in the common areas of such establishments to avoid congestion and to ensure that customers and workers maintain a minimum interpersonal safety distance of 1.5m. Where it is not possible to maintain such a safety distance, appropriate hygiene measures shall be observed to prevent risks of contagion.
Hostelry and restoration
Compliance with the standards of gauging, disinfection, prevention and conditioning to be determined.
In any case, it must be ensured that the necessary organisational measures are taken to avoid crowding both inside the establishment and on the authorised terrace spaces. And ensure that customers and workers maintain a safety distance of at least 1.5m. When it is not possible to maintain this safety distance, appropriate hygiene measures shall be observed to prevent the risk of contagion.
Comply with the rules on gauging, disinfection and packaging laid down by the competent authorities. As well as ensuring the necessary measures to ensure that the safety distance of 1.5m is respected, it will also affect
- Social services, both residential and daytime.
- Educational centres
- Health centres, services and establishments
- Cultural facilities, public shows and other recreational activities
- Facilities for sports activities and competitions.
A series of regulatory modifications are established that establish the obligation to inform the competent health authorities of possible contagion.
Modifications to RDL 8/2020
Although the statutes did not provide for this, during the alarm period and after the end of the alarm period, until 31 December 2020. The meetings of the governing and administrative bodies may be held by videoconference or by multiple telephone conference. Provided that:
- all members of the body have the necessary means
- The secretary of the body shall acknowledge the identity of the delegate and state this in the act. Which shall be sent immediately to the e-mail addresses of each of the attendees.
The same rule will apply to the delegated commissions and to the other obligatory or voluntary commissions that may have been set up. The meeting shall be understood to have been held at the domicile of the legal entity.
This rule applies to:
- the meetings of the governing and administrative bodies of the associations
- of the civil and commercial societies
- of the governing council of the cooperative societies and the board of trustees of the foundations
- meetings or assemblies of associates or partners
In addition, resolutions of the governing and administrative bodies may be adopted by a written vote without a meeting. Provided that it is decided by the chairman and must be adopted when requested by at least two of the members of the governing body:
- civil and commercial societies
- of the governing council of the cooperative societies
- and the board of trustees of the foundations
The same rule shall apply to the delegated commissions and to the other obligatory or voluntary commissions that may have been set up.
Labour Consulting and HR Management