CITY of ALBUQUERQUE TWENTY FOURTH COUNCIL COUNCIL BILL NO. [+Bracketed/Underscored Material+] - New [-Bracketed/Strikethrough Material-] - Deletion SPONSORED BY: O-20-24 ENACTMENT NO. ________________________ Isaac Benton & Lan Sena 1 ORDINANCE 2 REQUIRING EMPLOYERS TO PROVIDE PERSONAL PROTECTIVE EQUIPMENT 3 FOR EMPLOYEES 4 WHEREAS, on March 11, 2020, Governor Michelle Lujan Grisham issued 5 Executive Order 2020-004, Order Declaring a State of Public Health Emergency 6 relating to the spread of COVID-19; and 7 WHEREAS, the latest amendments to the COVID-19 Public Health Order 8 issued by Governor Lujan Grisham allow certain businesses to open at partial 9 capacity, while following the social distancing and preventative measures 10 summarized in the publication “All Together New Mexico, COVID-safe Practices 11 for Individuals and Employers”’; and 12 WHEREAS, one of the preventative measures identified in the most recent 13 public health order of June 1, 2020, states that “[u]nless a healthcare provider 14 instructs otherwise, all individuals shall wear a mask or multilayer cloth face 15 covering in public settings except when eating, drinking, or exercising” which 16 requirement extends to employees performing services for their employers; and 17 WHEREAS, even though this preventative measure instructs employers to 18 have their employees wear this personal protective equipment (PPE), it is not 19 instructing employers to provide their employees with PPE and at no cost; and 20 WHEREAS, the gap in these instructions and their enforcement leaves 21 employees at risk of not having the supplies necessary to safely perform their 22 duties in compliance with public health orders; and 23 WHEREAS, the spread of COVID-19 endangers life and property to such 24 extent that extraordinary measures must be taken to protect the public health, 25 safety, and welfare; and 1 1 WHEREAS, the City of Albuquerque faces the continuing threat of the 2 spread of COVID-19 and damage caused by COVID-19 until the pandemic 3 subsides and unless the City takes proactive measures to prevent or control the 4 spread of the virus; and 5 6 damage to public health thereby perpetuating an uncertain financial burden; and 7 WHEREAS, the health and safety of the public are only possible during the 8 COVID-19 pandemic because employees continue to work in difficult situations; 9 and 10 11 [+Bracketed/Underscored Material+] - New [-Bracketed/Strikethrough Material-] - Deletion WHEREAS, the City of Albuquerque faces the continuing threat of untold WHEREAS, this requirement would apply to all employers located within City limits with employees not telecommuting; and 12 WHEREAS, the City’s Environmental Health Department is the most 13 suitably equipped and charged with conducting outreach, investigation, and 14 enforcement of these requirements; and 15 WHEREAS, the City Council is currently considering Resolution R-20-64 16 which proposes to adjust City of Albuquerque Fiscal Year 2020 Appropriations to 17 provide small businesses with PPE to implement Public Health Emergency 18 Guidelines Related to the COVID-19; and 19 WHEREAS, enacting this Resolution would complement the City’s Fiscal 20 Year 2020 Appropriations Adjustment and ensure the proper implementation of 21 both bills in a way that contributes to the health, safety, and general welfare of 22 employers, employees, and customers of the City of Albuquerque. 23 BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF 24 ALBUQUERQUE: 25 “[SECTION 1. For so long as the State of New Mexico Public Health Order, 26 as most recently stated on June 1, 2020, requiring individuals to wear facemasks 27 in public remains in effect, each employer, as that term is defined by ROA 1994 § 28 13-12-2, shall provide each employee performing work that involves interaction 29 with the public or co-workers with a mask or multilayer cloth face covering 30 satisfying guidelines by the Center for Disease Control. Employers shall not 31 charge employees for the mask or face covering. 32 33 SECTION 2. Violations of this ordinance are subject to a civil penalty of $500 per occurrence. 2 [+Bracketed/Underscored Material+] - New [-Bracketed/Strikethrough Material-] - Deletion 1 SECTION 3. The City Administration shall establish procedures to help 2 ensure compliance with the requirements of this ordinance, including a process 3 for accepting of complaints and enforcement of penalties. Prior to the 4 assessment of any penalties under this Ordinance, the City Administration shall 5 work with local business leaders to establish standardized guidelines for 6 employers to distribute PPE to their employees as well as provide reasonable 7 assistance to employers in order to help employers avoid penalties under this 8 ordinance.]” 9 SECTION 4. SEVERABILITY CLAUSE. If any section, paragraph, sentence, 10 clause, word or phrase of this ordinance is for any reason held to be invalid or 11 unenforceable by any court of competent jurisdiction, such decision shall not 12 affect the validity of the remaining provisions of this ordinance. The Council 13 hereby declares that it would have passed this ordinance and each section, 14 paragraph, sentence, clause, word or phrase thereof irrespective of any provision 15 being declared unconstitutional or otherwise invalid. 16 SECTION 5. SUNSET CLAUSE. This ordinance shall expire upon the lifting 17 of public health orders for the State of New Mexico requiring individuals to wear 18 facemasks in public. 19 20 21 SECTION 6. COMPILATION. As a temporary public safety measure, this ordinance shall not be permanently codified. SECTION 6. EFFECTIVE DATE. This ordinance is passed as an emergency 22 measure and takes effect immediately upon publication by title and general 23 summary. 24 25 26 27 28 29 30 31 32 3