New Mexico Register / Volume XXXIII,
Issue 5 / March 8, 2022
EXECUTIVE ORDER 2022-010
FOURTH AMENDED ORDER REQUIRING STATE EMPLOYEES
TO COMPLY WITH CERTAIN PUBLIC HEALTH REQUIREMENTS
WHEREAS, on January 30, 2020, the World
Health Organization ("WHO") announced the emergence of a novel
Coronavirus Disease 2019 (COVID-19) that had not previously circulated in
humans, but has been found to have adopted to humans such that it is contagious
and easily spread from one person to another and one country to another;
WHEREAS, COVID-19 cases had been
confirmed in New Mexico since March 11, 2020, when the New Mexico Department of
Health confirmed the first cases of individuals infected with COVID-19 in New
Mexico and additional cases have been confirmed each day since then;
WHEREAS, on March 11, 2020, because of
the spread of COVID-19, I issued Executive Order 2020-004 declaring a Public
Health Emergency exists in New Mexico under the Public Health Emergency
Response Act, and invoked my authority under the All Hazards Emergency
Management Act;
WHEREAS, I have renewed the declaration
of a Public Health Emergency through March 4, 2022;
WHEREAS, the currently available
COVID-19 vaccines are a safe and effective way of preventing serious illness or
death;
WHEREAS, one such highly-transmissible
variant, B.1.1.529, commonly known as the Omicron variant, now accounts for the
majority of new infections;
WHEREAS, new scientific data
demonstrates waning immunity after six months after the primary series of the
Pfizer-BioNTech and Moderna
vaccines and two months after the Johnson & Johnson's Janssen vaccine, and
those with a booster vaccine have reduced risk for a breakthrough infection and
serious illness or death;
WHEREAS, the State has recorded a
significant increase in new COVID-19 cases in recent weeks;
WHEREAS, the further spread of COVID-19
in the State of New Mexico poses a threat to the health, safety, and wellbeing
of all New Mexicans;
WHEREAS, State employees who become ill
cannot adequately perform their duties, which disrupts the orderly operation of
State government;
WHEREAS, the Food and
Drug Administration (FDA) has approved every adult for a booster dose six
months after the completion of the individual's primary series of
vaccination with Pfizer BioNTech and Moderna vaccines or
two months after the completion of the individual's primary series of
vaccination with Johnson & Johnson's Janssen vaccine, and the Centers for
Disease Control and Prevention (CDC) has stated recently that all adults 18 and
over should receive a booster vaccine;
WHEREAS, it is of critical importance
to ensure that State employees receive boosters doses of the vaccine, if eligible,
to fight rising rates of spread; and
WHEREAS, regular testing, masks, and
social-distancing remain some of the most effective ways to minimize the spread
of COVID-19.
NOW THEREFORE, I, Michelle Lujan
Grisham, Governor of the State of New Mexico, by virtue of the authority vested
in me by the Constitution and laws of the State of New Mexico, hereby ORDER and DIRECT as follows:
1. State employees shall comply with
the provisions regarding the use of masks contained in the operative Public
Health Order issued by the Secretary of the Department of Health during the
course and scope of their employment.
2. State employees who (i) are not
fully vaccinated against COVID-19, as defined by the Centers for Disease
Control and Prevention; (ii) have not received a booster dose of the vaccine,
if eligible according to the FDA, by February 17, 2022, or within four weeks of
becoming eligible; or (iii) are not willing and able to provide adequate proof
or such vaccination shall provide adequate proof that the employee has tested
negative for COVID-19 on a weekly basis.
3. Any state employee who is not fully
vaccinated or has not received a booster dose of the vaccine, if eligible, and
who tests positive for COVID-19 may return to work following the completion of
any mandatory isolation period prescribed by the New Mexico Department of
Health. A negative COVID-19 test result
is not required to return to work, provided the employee completes the
mandatory isolation period. All such
employees who test positive for COVID-19 shall be exempt from the testing
requirement in Paragraph 2 for a period of 90 days following the date of the
employees positive COVID-19 result.
4. Employees who refuse to abide by
the above requirements may be subject to disciplinary action, up to and
including termination, in accordance with applicable law.
5. State agencies shall ensure,
consistent with law, that any documentation related to vaccination status, healthcare
directives, or test results are not disclosed to individuals other than those
necessary to ensure compliance with this Order.
6. The New Mexico State Personnel
Office shall provide agencies with guidance on the full implementation and
administration this Order.
I FURTHER ORDER and DIRECT as follows:
1. This Order supersedes any previous
orders, proclamations, policies or directives to the extent they are in
conflict.
2. This Order shall take effect immediately,
and shall remain in effect until renewed, modified, or rescinded.
ATTEST: DONE
AT THE EXECUTIVE OFFICE
THIS
17TH DAY OF FEBRUARY 2022
/ S /
MAGGIE TOULOUSE
OLIVER WITNESS
MY HAND AND THE GREAT
SECRETARY OF
STATE SEAL
OF THE STATE OF NEW MEXICO
/ S /
MICHELLE
LUJAN GRISHAM GOVERNOR