Section 50-9-18 – Subpoena power.
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 […]
Section 50-9-19 – Accident reports and records.
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 […]
Section 50-9-20 – Coordination.
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 […]
Section 50-9-21 – Civil actions; admissibility as evidence; confidentiality of trade secrets.
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 […]
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 […]