New Mexico Drug Testing Laws and Regulations
| State: |
New Mexico |
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| Statute of Order: |
Currently Not Available |
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| Covered Employers: |
Currently Not Available |
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| Applicant Testing: |
Currently Not Available |
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| Employee Testing: |
Currently Not Available |
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| Conditions & Methods: |
Currently Not Available |
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| Important Bulletpoints: |
Owners and operators of commercial motor vehicles or commuter services are required by law to certify that they provide an in-house drug and alcohol testing program for persons seeking to be a commuter service driver. Alternatively the motor carrier service may be part of a consortium that provides a compliant drug and alcohol testing program.The validation of a medical review officer is a requirement for a positive test result as part of the mandatory drug and alcohol testing program of a commercial motor carrier.The State of New Mexico allows for the medical use of marijuana under the Lynn and Erin Compassionate Use Act. However, the law does not provide immunity from criminal prosecution for using cannabis while on duty or at the workplace.For purposes of compensation under the Workers’ Compensation Act, controlled substance testing performed on a claimant employee may be considered for claims cases only if it complies with federal Department of Transportation procedures for transportation workplace drug and alcohol testing programs. Furthermore, alcohol or drug tests are required to be conducted only by federal Department of Transportation certified testing laboratories.Workers’ compensation may be reduced by ten percent if intoxication or the use of drugs is only contributory to the injury or death. Otherwise, compensation is altogether prohibited for employees whose injury is solely due to the worker being under the influence of non-prescribed depressant, stimulant, hallucinogenic or narcotic drugs. |
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