With the approval and entry into force of Royal Decree 286/2022, of 19 April, which modifies the obligation to use masks during the health crisis caused by COVID-19, the use of masks for people over six years of age will only be obligatory for the following persons in these places or situations:
- Health centres, services and establishments (hospitals, health centres, dental clinics, mental health centres, pharmacies, drugstores, opticians’ shops, orthopaedic aids shops, hearing aid establishments, etc.): workers, visitors and patients must wear masks (with the exception of patients admitted when they remain in their rooms).
- In extended care facilities (nursing homes, rehabilitation facilities, etc.): workers and visitors must wear masks when in common areas.
- In means of transport: air, rail or cable transport, buses and public passenger transport. On ships and boats, the use of masks is obligatory if it is not possible to maintain a distance of at least 1.5 metres between passengers; the exception to this is for those sharing cabins aboard.
As a result, the text of Art. 6 of Law 2/2021, of 29 March, has been completely repealed. The repealed law established urgent measures for prevention, containment and coordination to deal with the health crisis caused by COVID-19; the law was approved by Royal Decree 115/2022, of 8 February, which amends the mandatory use of masks during the health crisis caused by COVID-19.
The situation in the workplace, pursuant to Royal Decree 286/2022, is as follows: it is up to the employer, together with its occupational risk prevention service (whether in-house or external), to consider the recommendations in the document “Procedure for Action for Occupational Risk Prevention Services Against Exposure to SARS-CoV-2” (an update of which will be published shortly) and assess whether or not the use of facials masks should be mandatory. If use of the mask is deemed to be mandatory, non-compliance by workers could lead to employers imposing disciplinary action.