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Ex. AGY-ST-LABOR-WORKPLACE-066 Order Primary source read

Emergency Amendment to 11.5.1.16 NMAC, Recordkeeping and Reporting Occupational Injuries, Illnesses and Fatalities (new Subsection C, Reporting COVID-19 cases), effective Aug. 5, 2020

Emergency amendment: every employer shall report an employee's positive COVID-19 test to the Bureau within four hours

New Mexico Environment Department (James Kenney, Cabinet Secretary) for the Occupational Health and Safety Bureau · New Mexico; Occupational Health and Safety Bureau, New Mexico Environment Department (State-plan OSHA agency, statewide) (Sector regulator)

The COVID Project

The record

Jurisdiction
New Mexico; Occupational Health and Safety Bureau, New Mexico Environment Department (State-plan OSHA agency, statewide) · New Mexico
Level
Sector regulator
Authority
NMSA 1978 §§ 50-9-7, 50-9-13, 74-1-9; § 14-4-5.6
Issued
2020-08-05 Aug. 5, 2020
Effective
2020-08-05 (120 days, to Dec. 3, 2020) (read as 2020-08-05)
End
2020-12-03 (replaced the same day by the second emergency amendment, Ex. 069; permanent amendment effective Jan. 26, 2021, Ex. 027) (read as 2020-12-03)
In force
Aug. 5, 2020 to Dec. 3, 2020
Quarters
2020 Q32020 Q4
Limitation types
Workplace rulesQuarantine and isolation
Addressees
  • every employer in New Mexico subject to the Occupational Health and Safety Act
Functions reached
  • EMP
  • HR (four-hour reporting duty; Rapid Response cooperation, testing and closure actions)
  • WF (quarantine of exposed workers directed through Rapid Response)
  • OP
  • PF
  • SF
  • DR
Collection
State labor and workplace-safety agencies AGY-ST-LABOR-WORKPLACE

Operative words

This is an emergency amendment to 11.5.1 NMAC, Section 16 effective 08/05/2020... 11.5.1.16 RECORDKEEPING AND REPORTING OCCUPATIONAL INJURIES, ILLNESSES AND [FATALITIES]... C. Reporting COVID-19 cases: Within four (4) hours of learning that an employee tested positive for coronavirus disease 2019 (COVID-19), each employer shall report the positive test to the bureau at the email, telephone or facsimile number specified in Subsection B of this section.

Enforcement

NMED/OHSB citations and civil penalties under NMSA 1978 § 50-9-10; Rapid Response deployment (Ex. 067)

Notes

Every New Mexico employer in every industry; the reporting duty triggered State Rapid Response interventions including temporary closures (see the Public Health Orders, e.g., NM-062).