SPAIN
/The following information has been collected and collated by convergence consulting in collaboration with our in-country Global Alliance Partner. Please let us know if you have additional questions by emailing us at COVID-19@cc-global.com.
May 5, 2020: New and updated information. Updates are indicated in BOLD font in the article below.
1. Does your country’s health authority have guidelines or requirements for when COVID-19 cases are classified work-related and reported as a workplace illness?
COVID-19 cases are classified in Spain as Work Accident exclusively for the purpose of obtaining economic benefits due to Temporary Disability (Law 6/2020, 10 March, Article 5). COVID-19 disease detection, medical treatments in health centers or hospitals, sick leave, medical discharges and lockdown are managed as Common Disease - Royal Decree 625/2014, on 18th July: The link to the Common Disease Royal Decree can be found at: https://www.boe.es/buscar/pdf/2014/BOE-A-2014-7684-consolidado.pdf
All COVID-19 related Laws and Orders approved in Spain during the pandemic or applicable to this period are collected in COVID-19 Code of Regulations, found here: https://www.boe.es/biblioteca_juridica/codigos/codigo.php?id=355
2. Is there information on the timing of “return to work” and the process for a worker to return, i.e. examination by a physician, or a negative COVID test?
The general medical emergency criteria to discharge from the hospital are as follows: once the patient does not have any more serious symptoms, he/she must obtain a hospital medical discharge. He/she must then stay in lock down for 14 days at home or in other isolated place and continue medical monitoring. If the person is finally tested and is confirmed to be COVID-19 negative, he/she can return to work following the conditions established by Royal Decree 463/2020, 14 March, declaring the State of Alarm in Spain from 14 April until 12:00 PM of 25 April. This Royal Decree only allows working outside the home for those employees providing essential services and obligates the rest of workers to stay home or in an isolated place, working remotely.
The Ministry of Health has issued guidelines for the treatment of COVID-19 Medical Emergencies: https://www.mscbs.gob.es/en/profesionales/saludPublica/ccayes/alertasActual/nCov-China/documentos/Manejo_urgencias_pacientes_con_COVID-19.pdf
Procedures for actions against infections by the coronavirus: https://www.mscbs.gob.es/en/profesionales/saludPublica/ccayes/alertasActual/nCov-China/documentos/Procedimiento_COVID_19.pdf
Other documents for professionals can be found at: https://www.mscbs.gob.es/en/profesionales/saludPublica/ccayes/alertasActual/nCov-China/documentos.htm
Royal Decree Law 10/2020 regulates recoverable paid leave for all workers that must stay at home from 30 March to 9 April and are not working in essential services (as stated in Annex of the Royal Decree Law).
3. Does your country’s health authority have COVID-19 mitigation guidelines for the public and/or for business? If so, please list them below and how long they will be in place.
The Government Plan to exit the lockdown in Spain is a 4 phases plan with different permitted activities which will start for citizens and businesses, with the aim to reduce current strict confinement measures while avoiding a new COVID-19 outbreak increase. Each phase will last approximately 2 weeks, and the transit from one to the next will be approved based on the epidemics data and its status by areas. The plan defines the provinces and the island as geographic units and the passage or transit from non-equal phases areas is not allowed. The permitted activities are defined for each phase as for example as follows.
Phase 0 – Preparation: Walks with family (1 adult) and children (3 maximum), individual sports for adults, certain activities having previous citation (small establishments, hairdressing, food to take away).
Phase 1 – Initial: small commercial activities and shops, hotels (not common areas), terraces with 30% occupation.
Phase 2 – Intermediate: restaurants, but with limited capacity, shopping centres (not staying in common areas), cultural activities and exhibitions (less than 50 persons indoors and less 400 outdoors.
Phase 3 – Advanced: restaurants, maintaining social distances, public places limited to 50% their capacity.
Spain is in Phase 0 until 18 May when Phase 1 will theoretically begin. Phase 2 will start on 1 June and Phase 3 on 15 June.
Although the Plan has not been published in the BOE Official Bulletin, companies and citizens are preparing the return to the so called “new normality” as stated by President Sánchez, and achievable after Phase 3.
The reduction of the mobility, the recommendations for remote working in business and the application of social distance (2 meters) and hygiene measures (hand washing, mask use and disinfection of surfaces) are always maintained along all containment de-scaling. The State of Alarm continues to be maintained. Essential services remain permitted.
There are several mitigation guidelines and requirements, which are currently in place through 4 May. Citizens must maintain all the Sanitary Hygiene Prevention Authority’s recommendations, i.e.; cover mouth and nose with a tissue or sleeve (not hands) when coughing or sneezing, put used tissues into the trash immediately, wash hands frequently with soap or sanitizer, avoid contact with people that are sick, do not touch mouth, nose or eyes with unclean hands, maintain at least 1,5 m distance from other people, wear gloves and a mask when going outside of the home.
The Ministry of Health website includes most of the guidelines, advertising documents and tools for preventive and mitigation COVID-19 measures applicable for the public and for companies: https://www.mscbs.gob.es/profesionales/saludPublica/ccayes/alertasActual/nCov-China/home.htm
Health and Safety (H&S) Prevention Services must apply mandatory and recommended preventive and mitigation measures for business activities and the safe operation of their workers, suppliers and clients. The Health Ministry has issued a standard operating procedure against COVID-19 exposure to be applied to businesses by their H&S Prevention Services, applicable to all companies no matter the level of risk to the virus exposure. Business opening or restarting activities must reassess COVID-19 risks and adapt the company to the workplaces’ mitigation measures and apply workers’ preventive means , for details see: https://www.mscbs.gob.es/profesionales/saludPublica/ccayes/alertasActual/nCov-China/documentos/PrevencionRRLL_COVID-19.pdf
The businesses that can currently remain open are essential services (sanitary, livestock and agriculture, basic necessities supply chain, energy, transport, security and rescue, police, military, unions). Non-essential services may only continue to business where remote work is not possible (construction, industry, maintenance and repair). Non permitted activities are in the Annex of the Royal Decree 463/2020.
4. Which governmental authority issued these guidelines, and are they voluntary or mandatory?
The Ministry of Health is the governmental authority issuing COVID-19 guidelines. Most of guidelines actions and preventive measures have been approved by the Government. These measures are mandatory and applicable to Citizens except workers providing essential services.
5. Do these mitigation measures have any consequence, such as, if a person does not abide by these measures must they pay a fine or go to jail?
Yes, anyone infringing the provisions of mitigation measures against COVID-19 can be punished by fines and potentially serve jail time.
6. Has your country adopted any laws or regulations related to COVID-19?
Spain has adopted several laws and regulations related to COVID-19. These are related to mitigation measures, state of alarm and non-essential activities, sanitary guidelines, economic regulations on support to companies and workers that have stopped their activities due to State of Alarm declaration, unemployment mitigation measures, and many others. For more information go to: https://www.boe.es/buscar/pdf/2014/BOE-A-2014-7684-consolidado.pdf
The data presented here is not a complete analysis of all COVID-19 information; however, our in-country Partner will provide updates as and when considered appropriate and as relevant data becomes available. If you have any additional questions, or request for country information, please email us at COVID-19@cc-global.com with additional inquiries.
