From 28 November, in accordance with the Ordinance of the Council of Ministers of 26 November 2020 on the establishment of certain restrictions, orders and prohibitions in connection with the occurrence of a state of epidemic (Journal of Laws, item 2091), until 27 December, nose and mouth protection measures will have to be applied by all employees who are not alone in the room.

§ 25.

1) Until 27 December 2020, an obligation is imposed to cover a mask with clothing or parts thereof,
a mask, visor or safety helmet referred to in Article 40(1) of the Act of 20 June 1997. – Road Traffic Law (Journal of Laws of 2020, items 110, 284, 568, 695, 1087 and 1517), lips and nose:
1) in means of public collective transport within the meaning of Article 4, section 1, point 14 of the Act of 16 December 2010 on public collective transport, on passenger ships on domestic shipping within the meaning of regulations on maritime safety or inland waterway vessels referred to in Article 5, section 1, point 1(a) of the Act of 21 December 2000 on inland shipping, intended or used for the carriage of passengers;
2) in places open to the public, including:
a) on roads and squares, cemeteries, promenades, boulevards, vehicle parking places, forest car parks,
b) on the common property within the meaning of Article 3(2) of the Act of 24 June 1994 on Ownership of Premises (Journal of Laws of 2020, item 1910) and on the territory of such property with other forms of ownership,
(c) in establishments where there is more than one person in a room, and in public buildings intended for: public administration, justice, culture, worship, education, higher education, science, education, health, social or health care, banking, commerce, catering, services including postal or telecommunications services, tourism, sport, passenger services in transport by rail, road, air, sea or inland waterway; an office or social building shall also be considered a public building,
(d) in commercial or service establishments, retail or service facilities and marketplaces (stalls);
3) in the course of religious worship, including religious activities or rituals, in a public building intended for religious worship and in a cemetery.

2) until 27 December 2020, an obligation is imposed to cover the mouth and nose with a mask on aircraft within the meaning of Article 2 point 1 of the Act of 3 July 2002. – Aviation law.

3) The obligation laid down in paragraphs 1 and 2 shall not apply in the case of
1) a motor vehicle, except for motor vehicles being means of public collective transport referred to in section 1, subsection 1;
2) a child under 5 years of age;
3) a person who cannot cover his/her mouth or nose because of:
a) total developmental disorders, mental disorders, moderate, severe or profound intellectual disabilities,
(b) difficulty in covering or uncovering the mouth or nose by oneself;
4) the driver of a means of public collective transport within the meaning of Article 4 Section 1 point 14 of the Act of 16 December 2010 on public collective transport or a motor vehicle for the purpose of commercial passenger transport, if the public collective transport operator or the organiser of such transport within the meaning of Article 4 Section 1 points 8 and 9 of this Act respectively or an entrepreneur performing the activity of commercial passenger transport ensure separation of the driver from the transported persons in a manner preventing contact within the meaning of Article 2 point 25 of the Act of 5 December 2008 on preventing and combating infections and infectious diseases in humans;
5) the master of the ship referred to in section 1 point 1, if the steering unit is located in a separate room, or the owner of the ship shall ensure separation of the master from the transported persons in a manner preventing contact within the meaning of Article 2 point 25 of the Act of 5 December 2008 on Prevention and Control of Infections and Infectious Diseases of People;
6) drivers performing road transport in the crew; Journal of Laws – 19 – Item 2091
7) exercising religious cult during its exercise;
8) a soldier of the Armed Forces of the Republic of Poland and allied forces, as well as an officer of the Military Counterintelligence Service and the Military Intelligence Service, performing official tasks, using personal protective equipment appropriate to the type of activities performed;
9) a person whose place of permanent or temporary residence is a public utility building intended for the purposes of upbringing, health care, social or welfare, unless the manager of such building decides otherwise;
10) a judge, coach and a person practising sport as part of a sports competition, sports activities or events referred to in § 10 Section 16;
11) a person staying in a forest, park, greenery, botanical garden, historic garden, family allotment garden or beach;
12) horseback riding;
13) flight crew staying in the cockpit;
14) pupils and children covered by pre-school education and persons employed in a kindergarten, other form of pre-school education, school or educational institution – on their territory, unless the head of such entity decides otherwise.

The obligation specified in paragraph 1 shall also not apply when entering into marriage before the head of the register office or a clergyman.

5) The mouth and nose may be uncovered in case:
1) it is necessary to identify or verify the identity of a given person, as well as in connection with the provision of services to the person concerned, if this is necessary to provide them;
2) it is possible to communicate with a person experiencing permanently or periodically difficulties in communicating;
(3) to eat or drink after occupying a seat on a train subject to compulsory reservation, including meals and drinks on board.

6) In the case referred to in paragraph 3(3), it is required to present, at the request of the Police, municipal guards, border guards at air border crossing points and, in the railway area, in trains and in rooms intended for servicing passengers using rail transport at railway stations, also at the request of the railway security guards, a medical certificate or other document confirming the overall developmental disorders, mental disorders, moderate, severe or profound intellectual disabilities or difficulties in covering or revealing their mouths or noses on their own.

The new regulations mean that an employee may only be in the company without a mask (visor/facescarf) if he or she is alone, for example, in a separate room. In other situations, including e.g. in social rooms, employees should apply measures to protect their nose and mouth. Previously, persons who have carried out professional activities in public places (e.g. at the workplace, the office) were exempted from this requirement. Only those employees who are directly involved in the service of the client or business community had to use masks.

The obligation to wear protective measures applies not only to workplaces, but also to public buildings intended for, among others, public administration, justice, culture, religious worship, education, higher education, science, upbringing, health care (and social or social), banking, trade, catering, services, including postal or telecommunications.