On August 5, 2020, the New Mexico Environment Department (“Environment Department”) filed an emergency rule requiring New Mexico employers to report positive COVID-19 cases. All COVID-19 positive cases must be reported irrespective of whether they are workplace-related. Positive cases must be reported to the Environment Department within four hours of being notified of the cases. The four-hour window applies on weekends and after business hours.

Employers must notify the Environment Department by email at NMENV-OSHA@state.nm.us. If an employer is unable to notify by email, the employer may report the positive cases by phone or fax at:

                        Phone: (505) 476-8700

                        Fax:     (505) 476-8734

In reporting positive COVID-19 cases, employers must disclose: (1) the establishment name, address, employer representative and contact information (phone and email), (2) the number of people employed at the location, (3) the number of employees that tested positive, (4) the date each positive employee was tested, (5) the date and time the employer was notified of the positive test(s), (6) the last date each positive employee was in the establishment, and (7) the date each positive employee began self-quarantining. Employers should not provide employee names or other personally identifiable information when reporting the positive cases. The Environment Department may request additional information during a follow-up. Failure to report to the Environment Department within four hours of notice may result in enforcement action by the Environment Department, including fines or court action.

The emergency rule remains in effect until December 3, 2020. The Environmental Improvement Board that oversees the Environment Department, however, may adopt a permanent rule prior to December 3, 2020 if the Environment Department presents such a proposal. This reporting mandate applies only to employers in New Mexico. 

If you have any questions about New Mexico’s COVID-19 reporting mandate, please feel free to contact Kemp Smith’s Labor and Employment Department at 915-533-4424.