Sections 50-9-1 through 50-9-25 NMSA 1978 may be cited as the “Occupational Health and Safety Act”. History: 1953 Comp., § 59-14-1, enacted by Laws 1972, ch. 63, § 1; 1975, ch. 290, § 1; 1993, ch. 322, § 1. ANNOTATIONS Cross references. — For Occupational Disease Disablement Law, see 52-3-1 NMSA 1978 et seq. The […]
A. In order to carry out the purposes of the Occupational Health and Safety Act, the department’s authorized representatives, upon presenting appropriate credentials to the owner, operator or agent in charge, are authorized to and may: (1) enter and inspect any place of employment at reasonable times and without delay; and (2) question privately the […]
A. An employer shall keep such records and make such reports to the department as the board, by regulation, may require to carry out the purposes of the Occupational Health and Safety Act. Such regulation regarding records and reports shall be at least as effective as and consistent with the occupational safety and health record […]
A. Any person may recommend or propose regulations to the board for promulgation. The board shall determine whether to hold a hearing within sixty days of submission of a proposed regulation. B. No regulations shall be adopted, amended or repealed until after a public hearing by the board. Notice of the hearing shall be given […]
In the event the board wishes to adopt regulations that are identical with standards approved by an agency of the federal government, the board, after notice and hearing, may adopt the regulations by reference to the standards without setting forth the provisions of the standards. History: 1953 Comp., § 59-14-12, enacted by Laws 1972, ch. […]
A. The district courts shall have jurisdiction, upon petition of the secretary, to restrain any conditions or practices in any place of employment which are such that a danger exists that could reasonably be expected to cause death or serious physical harm immediately or before the imminence of the danger can be eliminated through the […]
A. Any person who is or may be affected by a regulation adopted by the board may appeal to the court of appeals for further relief. All appeals shall be upon the record made at the hearing and shall be taken to the court of appeals within thirty days after filing of the regulation pursuant […]
A. The department may grant an individual variance from any regulation adopted pursuant to the Occupational Health and Safety Act setting health or safety standards whenever it is found by a preponderance of the evidence that the conditions, practices, means, methods, operations or processes used by the petitioner will provide employment and places of employment […]
A. If as a result of investigation the department has good cause to believe that any employer is violating any provision of the Occupational Health and Safety Act or any rule of the board, the department shall send prompt notice of the violation by certified mail to the employer believed to be in violation. The […]
In connection with investigations or enforcement hearings conducted under the Occupational Health and Safety Act [50-9-1 to 50-9-25 NMSA 1978], the department may apply to the district court for an order requiring the attendance and testimony of witnesses and the production of evidence under oath. Witnesses shall be paid the same fees and mileage that […]
A. Every employer shall keep records and submit reports of occupational injuries and illnesses as prescribed by the department. Reports shall not require employee identification by name. B. The department shall publish annually a detailed summary of the statistical data received from employers. The department shall make a copy of such summary available on request […]
It is the purpose of the Occupational Health and Safety Act [50-9-1 NMSA 1978] to assure every employee safe and healthful working conditions by providing for: A. the establishment of occupational health and safety regulations applicable to places of employment in this state; B. the effective enforcement of the health and safety regulations; C. education […]
The legislature finds that: A. the proliferation of hazardous chemicals in the environment poses a growing threat to the public health, safety and welfare; and B. it is in the public interest to establish a comprehensive program for the disclosure of information about hazardous substances in places of employment and to provide a procedure whereby […]
For the purpose of carrying out the provisions of the Occupational Health and Safety Act, the department shall coordinate, to the greatest extent practicable, the occupational health and safety activities of all state and local agencies. It shall advise, consult and cooperate with other agencies of the state, federal government, other states and interstate agencies […]
A. Nothing in the Occupational Health and Safety Act shall be construed or held to supersede or in any manner affect the Workers’ Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] or to enlarge or diminish or affect in any other manner the common […]
A. Nothing in the Occupational Health and Safety Act shall affect the jurisdiction of any state agency or any political subdivision performing like functions or exercising like responsibilities with regard to occupational health and safety matters except as provided in Subsection B or C of this section. B. Whenever the board prescribes or adopts a […]
The Occupational Health and Safety Act and regulations promulgated under it do not apply to a specific activity of an employer or to a specific occupational health or safety condition of his employees if the specific activity or specific occupational health or safety condition is subject to the jurisdiction of and is regulated by: A. […]
A. Any employer who willfully or repeatedly violates any provision of the Occupational Health and Safety Act or any regulation or order promulgated pursuant to that act may be assessed a civil penalty not to exceed one hundred twenty-six thousand seven hundred forty-nine dollars ($126,749) for each violation; provided that a civil penalty shall not […]
A. No person or employer shall discharge or in any manner discriminate against any employee because the employee has filed a complaint or instituted or caused to be instituted a proceeding under or related to the Occupational Health and Safety Act or has testified or is about to testify in any such proceeding or because […]
As used in the Occupational Health and Safety Act: A. “person” means any individual, partnership, firm, public or private corporation, association, trust, estate, political subdivision or agency or any other legal entity or their legal representatives, agents or assigns; B. “employee” means an individual who is employed by an employer, but does not include a […]
