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Ex. DUT-NM-017 Standing duty Primary source read

NMED News Release, 'Daily Rapid Response COVID-19 Watchlist published to further protect New Mexicans from COVID-19 exposure' (Oct. 20, 2020), with the watchlist of Oct. 19, 2020

Announcement that NMED will publish daily the names of every entity with two or more rapid responses in fourteen days, to assist OHSB and other agencies in evaluating compliance with the public health orders and the COVID-Safe Practices

New Mexico Environment Department (Cabinet Secretary James C. Kenney) · New Mexico (State)

The COVID Project

The record

Jurisdiction
New Mexico
Level
State
Authority
Public Health Emergency Orders (rapid-response provisions; Ex. NM-036 para. 15); 11.5.1.16(C) NMAC (four-hour case reporting, Ex. AGY-ST-LABOR-WORKPLACE-066); Occupational Health and Safety Act
Issued
2020-10-20 Oct. 20, 2020
Effective
2020-10-20 (daily publication thereafter) (read as 2020-10-20)
End
Published daily into 2021 (read as 2021-09-30)
In force
Oct. 20, 2020 to Sept. 30, 2021
Quarters
2020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesOperating condition
Addressees
  • employers; all entities including commercial businesses, government agencies and institutions
Character
enforcement record
Collection
Standing duties: New Mexico DUT-NM

Operative words

The Rapid Response COVID-19 Watchlist will also assist NMED's Occupational Health and Safety Bureau... in evaluating whether such organizations are complying with the State's Public Health Orders and COVID-Safe Practices. Regulatory agencies may initiate compliance investigations and/or exercise enforcement... where these organizations failed to adhere to required practices.

Penalty

Compliance investigations and enforcement under the OHSA (§ 50-9-24) and the public health orders (§ 12-10A-19); fourteen-day closure under Ex. NM-036

What it required

Put every employer on notice that its reported cases would be published by name and used by the State OSHA plan and other regulators to test compliance with the public health orders and the COVID-Safe Practices, which the Department called 'required practices'; the companion order of Oct. 22, 2020 closed for fourteen days any business with four or more rapid responses in fourteen days (Ex. NM-036 para. 15). Character as recorded: enforcement_record (press release; order_penalty layer).

Retrieval note

The Department's own release PDF. Recorded as an agency enforcement statement: the duties it enforces come from the orders and the OHSA, and the release describes the COVID-Safe Practices as 'required practices.'.