NEW MEXICO State Law Summary - Workplace Drug/Alcohol Testing

GENERAL COMMENTS: New Mexico is an "open" state, but has a penalty reducing any award (10%) where the employee is found to have used drugs or alcohol or denying an award where the use of drugs/alcohol was the "sole" cause of the injury. 

POLICY: NO law requires a written policy; however, for workers compensation/unemployment purposes employers SHOULD have written policy. 

NOTICE: NO notice or posting requirements in this state. 

COSTS: Not specified.  

CONSEQUENCES: NO limits exist under state law or court decision. 

WHO: NO limits exist under state law or court decision. 

WHAT: NO limits exist under state law or court decision.  

WHERE: NO limits exist under state law or court decision. 

WHEN: NO limits exist under state law or court decision. 

HOW: NO limits exist under state law or court decision. But, to deny or reduce a workers comp award testing must be conducted per federal DOT. 

OTHER STATE PECULIARITIES:   

• Medical Use of Marijuana:  the "Lynn and Erin Compassionate Use Act" became law in 2007 and is intended "to allow the beneficial use of medical cannabis in a regulated system for alleviating symptoms caused by debilitating medical conditions and their medical treatments." This law does not protect from criminal prosecution the use of marijuana at work. 

• Workers comp claims may be challenged if the injured worker was voluntarily intoxicated and ONLY a test conducted per federal DOT procedures may be used as evidence of intoxication.

Updated 11/21/11