The COVID Project
The record
- Jurisdiction
- New Mexico
- Level
- State
- Authority
- Occupational Health and Safety Act, NMSA 1978, §§ 50-9-1 to -25; 11.5.1 NMAC (adopted federal standards, 29 C.F.R. Parts 1904, 1910, 1926)
- Issued
- 2020-04-15 Apr. 15, 2020
- Effective
- 2020-04-15
- End
- Maintained through December 2021 (later captures) (read as 2021-09-30)
- In force
- Apr. 15, 2020 to Sept. 30, 2021
- Quarters
- 2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
- Limitation types
- Workplace rulesOperating condition
- Addressees
- Character
- recommendation only
- Collection
- Standing duties: New Mexico DUT-NM
Operative words
For businesses that are listed as essential and are therefore able to remain open to the public, each job process must be assessed to determine the risk of exposure to COVID-19.... To report any business that is in violation of the PHO email [email protected] or call local law enforcement's non-emergency phone number
Penalty
None in the FAQ itself; the assessment duty restates the employer's obligations under § 50-9-5 and the adopted PPE and respiratory-protection standards, enforceable under § 50-9-24; PHO violations enforceable under §§ 24-1-21 and 12-10A-19
What it required
Told every open employer that 'each job process must be assessed' for exposure and 'appropriate measures taken to reduce the risk,' directed employers to OSHA's Guidance on Preparing Workplaces for COVID-19 and its four exposure-risk levels for 'actions required to reduce the risk of exposure,' stated the respirator fit-testing and PPE positions, and routed reports of businesses 'in violation of the PHO' to the State Police.
Retrieval noteRecorded as guidance: the FAQ's 'recommendations' for workers dealing with the public are recommendations; its 'must be assessed' sentences restate an existing duty (the hazard assessment of the adopted federal PPE standard and § 50-9-5), and its legal effect comes from those instruments, not from the FAQ. The OHSB's parallel 'Coronavirus (COVID-19) Updates' page (captured Apr. 12, 2020) summarized the March 23 and April 6, 2020 orders for employers; not separately saved.