New Mexico Administrative Code

If a federal court stays, invalidates, or otherwise renders unenforceable by USDOL, in whole or in part, any federal standard incorporated by reference in 11.5.1 NMAC through 11.5.4 NMAC or 11.5.6 NMAC, such incorporated federal standard shall be enforceable by the department onl…

The exemptions and limitations contained in the appropriation for the USDOL, including those applicable to the proposal or assessment of penalties, shall be construed as limitations on the department's use of any federal grant funds for enforcement of the state act and the provis…

A. General: Except as otherwise provided in Subsection B of this section, the provisions of 29 CFR Part 1904, Recording and Reporting Occupational Injuries and Illnesses (internet: www.osha.gov), are hereby incorporated into this section. B. Exception: Work-related injuries, illn…

Posting of the occupational health and safety information poster is required by Subsection C of Section 50-9-5 NMSA 1978. Each employer shall post and keep posted one or more notices, to be furnished by the bureau, informing employees of the protections and obligations provided f…

A. Permanent variances: (1) The department may grant an individual variance from any provision of 11.5.1 NMAC through 11.5.4 NMAC or 11.5.6 NMAC, including any incorporated federal standard, whenever it is found that the proponent of the variance has demonstrated by a preponderan…

A. Upon an employer's request, the department shall provide an on-site consultation inspection of conditions and practices of the employer's work place. B. Requests by employers for on-site consultation, pursuant to Subsection B of Section 50-9-6 NMSA 1978 shall be in writing and…

All employment and places of employment covered by the Occupational Health and Safety Act.

A. Any employee or representative of employees may file a written complaint with the bureau concerning any alleged violation of a regulation or any hazardous condition in any workplace where such employee is employed. Any such complaint shall set forth with reasonable particulari…

A. Authority; objection: (1) The department's authorized representatives are authorized, in accordance with Section 50-9-10 NMSA 1978, to enter and inspect any place of employment at reasonable times and without delay; to question privately the employer and any employees of the e…

Whenever and as soon as a compliance officer concludes on the basis of an inspection that conditions or practices exist in any place of employment which could reasonably be expected to cause death or serious physical harm immediately or before the imminence of such danger can be …

A. Citations; notices of de minimis violations: (1) The secretary or the secretary's authorized representative shall review the compliance officer's inspection report. If, on the basis of the report, the secretary or authorized representative believes that the employer has violat…

A. Upon receipt from the department of any notice of violation of any occupational health and safety regulation or incorporated standard, the employer shall immediately post the notice or a copy of it, unedited, at or near each place at which an alleged violation referred to in t…

The provisions of 29 CFR Part 1903.19, Abatement Verification (internet: www.osha.gov), are hereby incorporated into this section.

At the request of an employer, affected employee, or representative of employees, the chief or the chief's designee, may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, proposed penalty, proposed petition for modification of…

Sections 50-9-7, 50-9-13 and 74-1-9 NMSA 1978.

Permanent.

May 1, 1995, except where a later effective date is indicated in the history note at the end of a section. A. Initial promulgation: sections 1 through 14 of this part were effective May 1, 1995. B. Amendments and additions: the amendments to sections 5 and 7 through 13 of this pa…

To establish definitions and procedures applicable to all employers subject to the Occupational Health and Safety Act.

A. General: Unless otherwise specified, the terms used in 11.5.1 NMAC through 11.5.4 NMAC and 11.5.6 NMAC shall be construed in accordance with definitions contained in the state act. In addition, the following terms have the indicated meanings. (1) "Bureau" means the occupationa…

This part shall be construed as amending and superseding all prior regulations. See history of 11.5.1 NMAC at the end of this part.

If any provision or application of 11.5.1 NMAC through 11.5.4 NMAC or 11.5.6 NMAC is held invalid, the remainder, or its application to other situations or persons, shall not be affected.

Environmental Improvement Board.

A. Scope and application: (1) Scope and purpose: This standard establishes minimum requirements for personal protective clothing and equipment, training, respiratory protection, and medical surveillance for firefighters when exposed to the hazards of firefighting activity. This s…

All employment and places of employment subject to the Occupational Health and Safety Act, except as otherwise covered by 11.5.3 NMAC, Occupational Health and Safety - Construction Industry, or 11.5.4 NMAC, Occupational Health and Safety - Agriculture. In addition to this part, c…

Sections 50-9-7, 50-9-13 and 74-1-8 NMSA 1978.

Permanent.

May 1, 1995, unless a later effective date is indicated in the history note at the end of a section.

To establish standards related to employee occupational health and safety in general industry.

A. The provisions of 11.5.1.7 NMAC are applicable to this part. B. Additional definitions: The following definitions, in addition to these contained in 11.5.1.7 NMAC and the state act, are applicable to this section: (1) "ANSI" means American national standards institute; (2) "ap…

A. Amendment and supersession: This part shall be construed as amending and superseding: (1) EIB/OHSR 200, General Standards, filed July 9, 1992, as amended; and (2) EIB/OHSR 202, Firefighting, filed June 12, 1989, as amended. B. References in other regulations: Any reference to …

A. General: Except as otherwise provided in Subsection B of this section, the provisions of 29 CFR Part 1910, Occupational Safety and Health Standards (internet: www.osha.gov), are hereby incorporated into this section. B. Modifications, exceptions and amendments: The following m…

Environmental Improvement Board.

All employment and places of employment of every employee engaged in work for construction, alteration, or repair, including painting and decorating.

Sections 50-9-7, 50-9-13 and 74-1-8, NMSA 1978.

Permanent

May 1, 1995, unless a later effective date is indicated in the history note at the end of a section.

To establish standards related to employee occupational health and safety in the construction industry.

The provisions of 11.5.1.7 NMAC are applicable to this part.

A. Amendment and supersession: This part shall be construed as amending and superseding EIB/OHSR 300, Construction Standards, filed December 17, 1992, as amended. B. References in other regulations: Any reference to EIB/OHSR 300 in any other rule shall be construed as a reference…

A. General. Except as otherwise provided in Subsection C of this section, the provisions of 29 CFR Part 1926, Safety and Health Regulations for Construction (internet: www.osha.gov), are hereby incorporated into this section. B. Incorporation of applicable general standards: Addi…

Environmental Improvement Board.

A. Scope: This section applies to any agricultural establishment where employees are engaged on any given day in hand-labor operations in the field. B. Requirements: The use of a hoe, knife, or fork less than four feet in length for weeding and thinning crops is prohibited.

A. Scope: This section applies to any agricultural establishment where on any given day there are employees engaged in hand-labor operations in the field. B. Requirements: Agricultural employers shall provide the following for employees engaged in hand-labor operations in the fie…

A. In the absence of an infirmary, clinic, or hospital in near proximity to the workplace which is used for the treatment of all injured employees, a person or persons shall be adequately trained to render first aid. Adequate first aid supplies shall be readily available. Appendi…

All employment and places of employment in agriculture subject to the provisions of the Occupational Health and Safety Act.

Sections 50-9-7, 50-9-13 and 74-1-8, NMSA 1978.

Permanent

May 1, 1995, unless a later effective date is indicated in the history note at the end of a section.

To establish standards related to employee occupational health and safety in agriculture.

A. General: The provisions of 11.5.1.7 NMAC are applicable to this part. B. Additional definitions: The following definitions, in addition to those contained in 11.5.1.7 NMAC and the state act, are applicable to this part. (1) "Agricultural employer" means any person who owns or …