Mandatory masks end indoors in Spain

On Tuesday 19 April 2022 the Council of Ministers approved Royal Decree 286/2022, which changes the obligation to wear masks during the health crisis caused by COVID-19. The BOE published it on Wednesday 20 April and it came into force the same day. With it, subject to exceptions, ends the general obligation to wear a mask in enclosed spaces that had been in place since spring 2020.

Masks remain compulsory in healthcare centres, services and establishments, in social-care centres and on public transport. In all other settings, including offices, shops and leisure venues, they cease to be a legal obligation, although they are still recommended in risk situations. For companies with public-facing activity or large workforces, the change requires deciding which internal policy to keep and how to communicate it. It was one of the last general restrictions still in force after other measures had been withdrawn in previous months.

What changes and what stays

The obligation outdoors had already been lifted in February, so the new decree removes the last major general case: enclosed public or private spaces. This affects shops, restaurants, workplaces, sports facilities and events. From 20 April, neither staff nor customers have a legal obligation to wear one in these places, apart from the exceptions provided for.

The exceptions follow a clear logic: they are places where vulnerable people are concentrated or where it is difficult to keep distance. Anyone working in a healthcare centre, in the shared areas of a care home or on public transport must keep wearing one, as must visitors and passengers. For companies in those sectors, or that visit them frequently, the decree does not change their obligations. The autonomous communities and the centres themselves may keep additional protocols within their sphere, something to check case by case.

The role of occupational prevention

The preamble to the decree states that, as a general rule, wearing masks will not be compulsory in the workplace, and that those responsible for occupational risk prevention may determine the appropriate preventive measures according to the risk assessment of each job, including the use of masks if the assessment so indicates. In other words, even though the general obligation disappears, the company retains its duty to protect the health of its staff and must assess whether any jobs or situations justify additional measures.

In practice, this means that a mask may remain an organisational measure in certain workplaces, for example for particularly sensitive people or in tasks involving prolonged close contact. Those decisions should rest on the risk assessment, be communicated to staff and, where appropriate, be discussed with workers’ representatives, since they may cause confusion if they are not well explained.

What to review

Companies should update their internal protocol on COVID-19: which measures are kept, which are withdrawn and what signage or instructions need to change. It is worth keeping a record of the risk assessment review and of the measures decided, and remembering that ventilation, hygiene and flexibility when symptoms appear remain useful.

It is also advisable to look after particularly sensitive people and to keep a supply of masks where they remain compulsory or recommended. And those with premises serving customers in sectors where the rule remains, such as healthcare or transport, should check that signage and public information reflect what the decree requires. Your employment adviser can help you document the changes. The key is proportionality: measures based on real risk, clearly explained and open to review if the health situation changes.

The end of the general obligation does not remove the duty to protect the health of the people who work.

This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.