Chihuahua, Chih., November 17, 2020.
Dear clients and friends,
We inform you that last Saturday, November 14th, the Law that Regulates the Mandatory Use of Masks and other Measures to Prevent the Transmission of the COVID-19 Disease in the State of Chihuahua was published in the Official State Newspaper “Periódico Oficial del Estado” (POE). Therefore, its creation and publication imply that its content must be applied throughout the territory of the State until the state health authority, officially declares the conclusion of the pandemic.
Indeed, the aforementioned law establishes that the USE OF MASKS (FACE COVERINGS) IS MANDATORY for all persons, in the following places and circumstances:
-On roads and public spaces or common use.
-In the interior of establishments whether of commerce, industry or services.
-In the work centers of any branch.
-In shopping centers, considered essential or non-essential.
-As well as for users, operators and drivers of the passenger transport service.
In addition to the mandatory use of the mask (face covering), the additional sanitary measures that have been implemented throughout the pandemic will continue, such as staying at home, keeping physical distance (“healthy distance”) of 1.5 meters between people, frequent hand washing with soap and water, use of antibacterial gel, etc.
What happens if I refuse to use the mask?
When any person refuses or declines to wear a mask or engages in acts of violence for this reason, the authority may apply the sanctions established by law, being the following:
1.- Written warning.
2.- Delivery of medical supplies to third parties.
3.- Community work.
4.- Impose a fine.
5.- Temporary closure, which may be total or partial.
6.- Arrest for up to 12 hours.
What are the provisions for commercial, industrial, business or service establishments?
The aforementioned Law determines that in all commercial, industrial, business or service establishments, both the owners, administrators, employees, as well as suppliers, clients, users and visitors, are obliged to wear the corresponding mask (face covering). In addition to the above, there must be sanitary filters, control of access of people to the establishment according to the approved capacity, as well as assuring a healthy distance at all times and complying with other sanitary measures issued by the health authorities.
Likewise, owners and administrators must inform and instruct their customers, suppliers and visitors in general, that they are required to wear masks at all times. On the other hand, they will need to place in all entrances, graphic or written advertisements expressing the obligation to wear masks, as well as messages mentioning hand washing, use of at least 70% alcohol gel, the “sneeze etiquette” (inside of the elbow) and preservation of a healthy distance (1.5 meters).
Who is not obligated to the mandatory use of face masks?
1.- Children under two years of age.
2.- Anyone who has trouble breathing, which is not caused by a respiratory infection.
3.-People who cannot remove the mask without help.
4.- The person who is inside a motor vehicle without company.
It is important to know these measures and implement them effectively in your business, commerce or industry, in order to avoid, first, any contagion and furthermore, the possible warning or admonition by the corresponding authorities.
When does this law come into force?
It entered into force from the day after its publication in the POE that is, since Sunday the 15th of this month. However, the imposition of penalizations will be applicable ten days following the publication, during which period the competent authorities must make the necessary broadcasting to make the content of this Law known to the public, in order to be in a condition to comply when it begins to be sanctioned.
If you have any questions or comments in relation to the aforementioned Law, do not hesitate to contact us.
Responsible of this publication, Lic. Alfredo Issa Holguín, partner and head of the litigation area; email aissa@iclmx.com , telephone (614) 415-66-67.
