Obligation of using masks
On April 17th, 2020 was enacted Exempt Resolution No. 282 by the Ministry of Health which established the obligation of using mask on certain places and circumstances (the “Resolution”).
1. The cases in which it is mandatory to use masks are the following:
a) All individuals using: (i) public or private transportation subject to a payment; and (ii) elevators or cable cars, either public or private; regardless of the number of other individuals in such places;
b) All individuals operating the mentioned transportation services and anyone working at them;
c) In the following places, provided there are 10 or more individuals:
(i) Closed spaces in kindergartens; basic, middle and high schools; and higher education establishments;
(ii) Closed spaces in airports and terraces;
(iii) Closed spaces in theaters, cinemas, discotheques, gambling casinos and similar establishments;
(iv) Closed spaces in supermarkets, shopping centers, hotels, pharmacies and other similar establishments with free access for the public;
(v) Closed spaces in health facilities, public and private;
(vi) Closed spaces in places where products, medicines or food are manufactured, processed, deposited or handle;
(vii) Closed spaces in workplaces;
(viii) Galleries, grandstands and other places for the public in sports facilities, gyms or stadiums (athletes are exempted, during the practice of sport);
(ix) Pubs, restaurants, coffee shops and similar establishments, in their public or closed spaces, for individuals serving or working on them; and
(x) Seniors rests homes.
Individuals eating in places specially authorized to do so, are exempted from the obligation of using mask.
2. For purposes of this Resolution, “mask” is understood as any material that covers the mouth and nose to avoid the spread of the virus, whether industrially or handmade manufactured.
3. Violations to these obligations are going to be punished according to the Health Code and Criminal Code, including, among others: fines varying between 1/10 to 1,000 UTM (USD 6 to USD 60,000 approximately), which may be doubled in case of recidivism; closure of establishments, premises, etc.; and criminal liability.
4. This obligation started at 5:00 am of April 17th and has an indefinite duration.
If you have any questions regarding the matters discussed in this news alert, please contact the following attorneys or call your regular Carey contact.
+56 2 2928 2223
This news alert is provided by Carey y Cía. Ltda. for educational and informational purposes only and is not intended and should not be construed as legal advice.
Carey y Cía. Ltda.
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Las Condes, Santiago, Chile.