NM employers must immediately tell state about employees testing positive for COVID-19

The state of New Mexico has issued an emergency amendment to its regulation requiring the reporting of workplace injuries. Employers must now immediately tell the state about employees who test positive for COVID-19.

How to report positive test

Those of us living in New Mexico have become accustomed to seeing COVID-19 updates from Governor Michelle Lujan Grisham and officials with the state’s department of health. However, the New Mexico Environment Department (NMED), which administers the state’s duties under the New Mexico Occupational Health and Safety Act, is primarily charged with regulating employers during the pandemic. Among other things, the NMED runs the rapid response program that tracks virus cases and performs contact tracing.

The NMED’s regulations have historically required employers to report workplace injuries. The agency recently issued an emergency amendment to its regulation dealing specifically with COVD cases: If an employer learns an employee has tested positive for the virus, it must report the case within four hours of being told about it. Here is where to report the case:

• Phone: 505-476-8700
• Fax: 505-476-8734
• E-mail: NMENV-OSHA@state.nm.us

I recommend making any reports by fax or e-mail so they're documented. This emergency amendment is in effect until December 3, 2020.

What happens after case is reported