The COVID Project
The record
- Jurisdiction
- New Mexico
- Level
- State
- Authority
- Incorporated by the Public Health Emergency Orders of May 15, 2020 and every successor through September 15, 2021 (Exs. NM-016 para. 2, NM-021 para. 3, NM-060 para. 3, NM-062, NM-067, NM-070 para. 3) under the Public Health Act and the PHERA
- Issued
- 2020-05-27 May 27, 2020
- Effective
- 2020-05-16 (mandatory by incorporation from the May 15, 2020 order, effective May 16) (read as 2020-05-16)
- End
- In force by incorporation through September 30, 2021 and beyond (Ex. NM-070 para. 3, Sept. 15, 2021) (read as 2021-09-30)
- In force
- May 16, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Telework mandateGathering capFace-covering requirementWorkplace rulesOperating condition
- Addressees
- employers (all employers); specified businesses by sector section; persons generally (the individual practices)
- Character
- guidance incorporated
- Collection
- Standing duties: New Mexico DUT-NM
Operative words
Required... Limit operations to remote work to the greatest extent possible.... Ensure all employees have face coverings or masks and wear them in the workplace at all times when in the presence of others... Screen employees before they enter the workplace each day... Adhere to all CDC and OSHA guidelines.
Penalty
Through the incorporating orders: NMSA 1978, § 12-10A-19 ($5,000 per violation) and § 24-1-21; NMED rapid-response closures under the Oct. 22, 2020 order (Ex. NM-036 para. 15)
What it required
Set the practices every open business had to follow as the condition of operating: remote work to the greatest extent possible, six-foot distancing, closure or modification of common areas, remote meetings, universal employee face coverings, training on cleaning and hygiene, daily employee screening and exclusion of symptomatic employees, exclusion of close contacts until authorized by the Department of Health, minimized travel, and adherence to all CDC and OSHA guidelines, with sector sections (retail occupancy limits 'per the State's Public Health Order,' one-way aisles, restaurant, grocery and lodging protocols).
Retrieval noteThe document's own words separate 'Required' practices from 'Best Practices' (e.g., a communication plan, a COVID-Safe Practice leader, a daily visitor log, HVAC maintenance) and from 'Additional Resources' (OSHA, CDC, EPA); the Required practices are mandatory by incorporation and the Best Practices are recommendations, and the record states each as such. the incorporating orders refer to 'the pertinent COVID-Safe Practices' as amended.