07 Sep

August 2020 New Mexico HR Legal Updates

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New Mexico Implements Employer Reporting Rule for COVID-19 Cases

What happened?
Effective August 5, 2020, the Occupational Health and Safety Bureau of the New Mexico Environment Department (NM OSHA) implemented an emergency amendment to its injury and illness reporting regulation, 11 NMAC ยง5.1.16.

What are the details?
The new provision, which will remain in effect for 120 days unless it is made permanent, requires employers in New Mexico to report to NM OSHA any case in which an employee tests positive for COVID-19 within four hours of the employer learning about it. Notably, a Department spokesperson confirmed that the Department interprets the reporting requirement to cover any employee who reports a positive test, including employees whose illness is not work-related.

This emergency reporting rule can be found here.

What do employers need to do?
Employers in New Mexico should immediately start recording and reporting the NM OSHA within four hours when they are notified of an employee reporting COVID-19 positive.



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