reglab/housing_qa huggingface dataset:
NM Stat § 50-9-11 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 9 - Occupational Health and Safety|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 and report requirements of the United States department of labor. These records and reports shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible. B. Employers shall maintain accurate records of employee exposures to potentially toxic material or harmful physical agents which are required to be monitored or measured as the board may prescribe by regulations. Employees and their representatives shall be given an opportunity to observe such monitoring and measuring. Employees and former employees shall be granted access to their own records as will indicate their own exposure to toxic material or harmful agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or levels that exceed those prescribed by an applicable regulation adopted pursuant to the Occupational Health and Safety Act and shall inform any employee who is being thus exposed of the corrective action being taken. Employers shall retain the records of exposure of employees to specific toxic material and harmful agents for periods of time to be specified in regulations. History: 1953 Comp., § 59-14-10, enacted by Laws 1972, ch. 63, § 10; 1975, ch. 290, § 8; 1993, ch. 322, § 9. ANNOTATIONSThe 1993 amendment, effective April 8, 1993, substituted "department" for "agency" in the first sentence of Subsection A and made a minor stylistic change in Subsection B. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 56 et seq. Employer's tort liability to worker for concealing workplace hazard or nature or extent of injury, 9 A.L.R.4th 778. Who is "employer" for purposes of Occupational Safety and Health Act (29 USCA §§ 651 et seq.), 153 A.L.R. Fed. 303.
NM Stat § 50-9-13 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 9 - Occupational Health and Safety|Section 50-9-13 - Adopting standards by reference.

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. 63, § 12; 1993, ch. 322, § 11. ANNOTATIONSThe 1993 amendment, effective April 8, 1993, deleted the former second sentence, which read "Copies of standards adopted by reference must be attached to the regulations filed under the State Rules Act."
NM Stat § 50-9-14 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 9 - Occupational Health and Safety|Section 50-9-14 - Emergency procedures.

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 enforcement procedures otherwise provided by the Occupational Health and Safety Act. Any order issued under this section may require such steps to be taken as may be necessary to avoid, correct or remove the imminent danger and prohibit the employment of any individual in locations or under conditions where the danger exists, except individuals whose presence is necessary to avoid, correct or remove such imminent danger or to maintain the capacity of a continuous process operation to resume normal operations without a complete cessation of operations or, where a cessation of operations is necessary, to permit such to be accomplished in a safe and orderly manner. B. Upon the filing of a petition, the district court may grant injunctive relief or a temporary restraining order in accordance with the New Mexico rules of civil procedure pending the outcome of an enforcement proceeding pursuant to the Occupational Health and Safety Act. C. When the secretary or the secretary's representative determines that an emergency exists, he shall immediately inform the employees and employers of the hazards and take steps to obtain immediate abatement of the hazards by the employer. D. If the secretary arbitrarily or capriciously fails to seek relief under this section, any employee who may be injured by reason of such failure, or the representative of such employee, may bring an action against the secretary in the district court for the district in which the imminent danger is alleged to exist for a writ of mandamus to compel the secretary to seek an order of the court as provided in this section. History: 1953 Comp., § 59-14-13, enacted by Laws 1972, ch. 63, § 13; 1975, ch. 290, § 10; 1993, ch. 322, § 12. ANNOTATIONSThe 1993 amendment, effective April 8, 1993, substituted "secretary" for "director" throughout the section and made minor stylistic changes in Subsections A and C. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws §§ 39, 41, 53.
NM Stat § 50-9-15 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 9 - Occupational Health and Safety|Section 50-9-15 - Validity of regulation; variance determination; judicial review.

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 to the State Rules Act [Chapter14, Article 4 NMSA 1978]. The board shall be made a party to the action. B. Upon appeal, the court of appeals shall set aside a regulation only if it is found to be: (1) arbitrary, capricious or an abuse of discretion; (2) not supported by substantial evidence in the record; or (3) otherwise not in accordance with law. C. A variance petitioner may appeal to the district court from an order of the department denying the variance. The appeal shall be filed pursuant to the provisions of Section 39-3-1.1 NMSA 1978. History: 1953 Comp., § 59-14-14, enacted by Laws 1972, ch. 63, § 14; 1993, ch. 322, § 13; 1999, ch. 265, § 49. ANNOTATIONSThe 1999 amendment, effective July 1, 1999, deleted former Subsection B, relating to a variance petitioner's right to appeal to the court of appeals from an order of the department denying the variance, and added Subsection C. The 1993 amendment, effective April 8, 1993, substituted "department" for "agency" in two places in Subsection B; deleted former Subsection C, pertaining to the procedure for perfecting an appeal to the court of appeals; and redesignated former Subsection D as Subsection C. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 132. Judicial relief against, or review of, action or orders of Occupational Safety and Health Review Commission under Occupational Safety and Health Act of 1970 (29 U.S.C.S. §§ 651 et seq.), 22 A.L.R. Fed. 508. Validity, under federal constitution, of provisions of Occupational Safety and Health Act of 1970 (29 U.S.C.S. §§ 651 et seq.) relating to inspections, civil penalties, and administrative or judicial review, 34 A.L.R. Fed. 82.
NM Stat § 50-9-18 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 9 - Occupational Health and Safety|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 are paid witnesses in the courts of the state. Any district court, upon application by the department, shall have jurisdiction to issue to such person an order requiring the person to appear and to produce evidence if, as and when so ordered and to give testimony relating to the matter under investigation if the court finds that the evidence or testimony sought is discoverable under the Rules of Civil Procedure for The District Courts. Any failure to obey an order of the court may be punished by the court under its powers of contempt. History: 1953 Comp., § 59-14-17, enacted by Laws 1972, ch. 63, § 17; 1993, ch. 322, § 16. ANNOTATIONSCross references. — For witness fees, see 38-6-4 NMSA 1978. For depositions and discovery, see Rules 1-026 to 1-037 NMRA. The 1993 amendment, effective April 8, 1993, substituted "department" for "board or agency" in the first and third sentences and made a minor stylistic change. Employers may be present at discovery proceedings conducted by the environmental improvement division. Kent Nowlin Constr., Inc. v. Envtl. Improvement Div., 1982-NMSC-094, 99 N.M. 294, 657 P.2d 621.
NM Stat § 50-9-19 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 9 - Occupational Health and Safety|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 to each employer, and the summary shall be made available upon request to any person having an interest in the report. In the preparation, publication or release of the statistical summary, the department shall not in any manner disclose information identifying any employer unless prior permission has been obtained from the employer in writing. The reports of each employer shall remain confidential and shall not be released, revealed or otherwise disclosed to any person other than the bureau of labor statistics and the occupational safety and health administration of the United States department of labor without prior permission of the employer unless pursuant to an administrative hearing of the board or an order of a court of competent jurisdiction. History: 1953 Comp., § 59-14-18, enacted by Laws 1972, ch. 63, § 18; 1993, ch. 322, § 17. ANNOTATIONSThe 1993 amendment, effective April 8, 1993, substituted "department" for "agency" throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 137.
NM Stat § 50-9-20 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 9 - Occupational Health and Safety|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 and with affected public and private organizations. History: 1953 Comp., § 59-14-19, enacted by Laws 1972, ch. 63, § 19; 1993, ch. 322, § 18. ANNOTATIONSThe 1993 amendment, effective April 8, 1993, substituted "department" for "agency" in the first sentence.
NM Stat § 50-9-22 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 9 - Occupational Health and Safety|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 regulation under the procedures provided in the Occupational Health and Safety Act, the regulation shall, when a copy thereof is filed with the clerk of the political subdivision to which it applies, establish a minimum requirement concerning the matters covered by the regulation and shall be construed in connection with any local requirement relative to the same matter. The regulation of the board amends or modifies any requirement of the local standard which does not meet the regulation. C. The Occupational Health and Safety Act and regulations promulgated under it, and not the acts and regulations enforced by the state mine inspector, shall apply to places of employment subject to the jurisdiction of the United States department of labor acting under the provisions of the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended. D. Compliance with a regulation of the board does not relieve any person from the obligation to comply with a stricter state agency or political subdivision health or safety requirement, but the state agency or political subdivision shall be responsible for the enforcement of the health and safety requirements established by that state agency or local authority. History: 1953 Comp., § 59-14-21, enacted by Laws 1972, ch. 63, § 21; 1983, ch. 19, § 1. ANNOTATIONSCross references. — For the federal Occupational Safety and Health Act of 1970, see 29 U.S.C. § 651 et seq.
NM Stat § 50-9-23 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 9 - Occupational Health and Safety|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. any federal agency except the United States department of labor acting under the provisions of the Occupational Safety and Health Act of 1970 (84 Stat. 1590); or B. the board pursuant to the agreement specified in Section 74-3-15 NMSA 1978. History: 1953 Comp., § 59-14-22, enacted by Laws 1972, ch. 63, § 22; 1983, ch. 19, § 2. ANNOTATIONSCross references. — For the federal Occupational Safety and Health Act of 1970, see 29 U.S.C. § 651 et seq. Accident occurring on federal property within state. — Construction company which was a subcontractor on a federal project failed to show that the federal government had exclusive jurisdiction over the site of the project or that accident site was subject to the federal Occupational Health and Safety Act, rather than the New Mexico Occupational Health and Safety Act. Inca Constr. Co. v. Rogers, 1997-NMCA-056, 123 N.M. 514, 943 P.2d 548. Am. Jur. 2d, A.L.R. and C.J.S. references. — Who is "employer" for purposes of Occupational Safety and Health Act (29 U.S.C.S. § 651 et seq.), 27 A.L.R. Fed. 943 and 153 A.L.R. Fed. 303.
NM Stat § 50-10-1 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 10 - Sewer Gas|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 first testing the atmosphere in said sewer at the place or places of entry by use of apparatus to detect the presence of any flammable gas or vapor; and in the event the presence of any flammable gas or vapor is so detected, it shall be unlawful for any such person, firm or corporation to require, authorize or knowingly permit any such employee or controlled person to enter into said sewer unless and until the same has been, at the intended place or places of entry, adequately ventilated and made safe from the hazards of fire and explosion. History: 1953 Comp., § 12-10-1, enacted by Laws 1959, ch. 175, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 135 et seq.
NM Stat § 50-10-2 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 10 - Sewer Gas|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 more often than once each four hours. History: 1953 Comp., § 12-10-2, enacted by Laws 1959, ch. 175, § 2.
NM Stat § 50-10-3 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 10 - Sewer Gas|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, authorize or knowingly permit any such employee or controlled person to enter into said sewer, through a manhole or otherwise, without first cautioning such employee or controlled person against using any exposed flame or creating any electrical spark while in or about the said sewer. History: 1953 Comp., § 12-10-3, enacted by Laws 1959, ch. 175, § 3.
NM Stat § 50-10-4 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 10 - Sewer Gas|Section 50-10-4 - [Safety measures and devices; duty of employer to supply.]

Nothing herein shall be construed to relieve any person, firm or corporation requiring, authorizing or knowingly permitting a person in the employ or subject to the control of such person, firm or corporation, to enter into or remain in a sewer in this state from any duty of taking or supplying proper and reasonable safety measures, practices and devices during the time or times that its said employee or other controlled person shall be in such sewer, to the end that no dangerous concentration of flammable gas or gases, or noxious gas or gases, shall occur; and the requirements of this act [50-10-1 to 50-10-6 NMSA 1978] shall be cumulative of such other duty or duties. History: 1953 Comp., § 12-10-4, enacted by Laws 1959, ch. 175, § 4.
NM Stat § 50-10-5 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 10 - Sewer Gas|Section 50-10-5 - [Definitions.]

The term "sewer" as used herein shall mean any underground conduit composed of metal, concrete, clay, vitreous or other materials designed for the flowage of water or any waste product or products (including, without being limited to, storm sewers and sanitary sewers), and shall include any and all junction boxes, manholes and gutters and other appurtenances constituting any part of the sewer or of a sewer system. The term "apparatus to detect the presence of any flammable gas or vapor", as used herein, shall mean any of the standard devices commercially available designed to detect, by the principle of the wheatstone bridge or other recognized technique, the presence in the atmosphere of flammable gas or vapor. History: 1953 Comp., § 12-10-5, enacted by Laws 1959, ch. 175, § 5.
NM Stat § 50-10-6 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 10 - Sewer Gas|Section 50-10-6 - [Penalties for violation.]

Any person, firm or corporation violating this act [50-10-1 to 50-10-6 NMSA 1978] shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment from one day to ten days, or by both such fine and imprisonment, and each day of violation shall constitute a separate offense. History: 1953 Comp., § 12-10-6, enacted by Laws 1959, ch. 175, § 6.
NM Stat § 50-11-1 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 11 - Employee Privacy|Section 50-11-1 - Short title.

This act [50-11-1 to 50-11-6 NMSA 1978] may be cited as the "Employee Privacy Act". History: Laws 1991, ch. 244, § 1. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — What is "record" within meaning of Privacy Act of 1974 (5 USCS § 552a), 121 A.L.R. Fed. 465. What is agency subject to Privacy Act Provisions (5 USCA § 552a), 150 A.L.R. Fed. 521.
NM Stat § 50-11-2 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 11 - Employee Privacy|Section 50-11-2 - Definitions.

As used in the Employee Privacy Act: A. "employee" means a person that performs a service for wages or other remuneration under a contract of hire, written or oral, express or implied, and includes a person employed by the state or a political subdivision of the state; B. "employer" means a person that has one or more employees and includes an agent of an employer and the state or a political subdivision of the state; and C. "person" means an individual, sole proprietorship, partnership, corporation, association or any other legal entity. History: Laws 1991, ch. 244, § 2.
NM Stat § 50-11-3 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 11 - Employee Privacy|Section 50-11-3 - Employers; unlawful practices.

A. It is unlawful for an employer to: (1) refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a smoker or nonsmoker, provided that the individual complies with applicable laws or policies regulating smoking on the premises of the employer during working hours; or (2) require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours, provided the individual complies with applicable laws or policies regulating smoking on the premises of the employer during working hours. B. The provisions of Subsection A of this section shall not be deemed to protect any activity that: (1) materially threatens an employer's legitimate conflict of interest policy reasonably designed to protect the employer's trade secrets, proprietary information or other proprietary interests; or (2) relates to a bona fide occupational requirement and is reasonably and rationally related to the employment activities and responsibilities of a particular employee or a particular group of employees, rather than to all employees of the employer. History: Laws 1991, ch. 244, § 3. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — Preemption of state law wrongful discharge claim, not arising from whistleblowing, by § 541(a) of Employee Retirement Income Security Act of 1974 (29 U.S.C.A. § 1144(a)), 176 A.L.R. Fed. 433.
NM Stat § 50-11-4 (2021)
2021 New Mexico Statutes|Chapter 50 - Employment Law|Article 11 - Employee Privacy|Section 50-11-4 - Remedies.

Any employee claiming to be aggrieved by any unlawful action of an employer pursuant to Section 3 [50-11-3 NMSA 1978] of the Employee Privacy Act may bring a civil suit for damages in any district court of competent jurisdiction. The employee may be awarded all wages and benefits due up to and including the date of the judgment. History: Laws 1991, ch. 244, § 4.