Section 50-9-22 – Preemption.
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 […]
Section 50-9-23 – Limitation on applicability of the act to certain employers and their employees.
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. […]
Section 50-9-24 – Penalties.
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 […]
Section 50-9-25 – Discrimination.
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 […]
Section 50-9-10 – Right of entry and inspection; complaints; consultation; notification.
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 […]
Section 50-10-1 – [Permitting entry into sewer line without testing atmosphere unlawful; detection of flammable gas or vapor; entry without adequate ventilation unlawful.]
It shall be unlawful for any person, firm or corporation to require, authorize or knowingly permit any person in the employ or subject to the control of such person, firm or corporation, to enter through a manhole or otherwise into any sewer in this state, whether the same is in service or under construction, without […]
Section 50-9-11 – Reports and record keeping by employers.
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 […]
Section 50-10-2 – [Testing atmosphere in sewer line; time and frequency.]
The requirements of Section 1 [50-10-1 NMSA 1978] shall be followed at the beginning of every workday, and also at the resumption of work following each meal period and also at the beginning of each shift in the event more than one shift per day is used; provided that such requirements need not be followed […]
Section 50-9-12 – Adoption of regulations; notice and hearing.
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 […]
Section 50-10-3 – [Detection of flammable gas or vapor; danger suspected; entry without cautioning against use of exposed flame or creation of electrical spark unlawful.]
In the event that the presence of flammable gas or vapor is detected in any sewer, or there exists reasonable ground for suspecting the danger therein of any such gas or vapor, then it shall be unlawful, irrespective of compliance with Section 1 [50-10-1 NMSA 1978] above, for any person, firm or corporation to require, […]