New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 1 - OCCUPATIONAL HEALTH AND SAFETY - GENERAL PROVISIONS › Section 11.5.1.20 - COMPLAINTS BY EMPLOYEES; REVIEW PROCEDURES

Current through Register Vol. 35, No. 13, July 16, 2024
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
				particularity the grounds therefore, and shall be signed by the employee or
				representative of employees. A copy of the complaints shall be provided to the
				employer or his agent by the compliance officer at the time of the inspection.
				However, upon the request of the complainant, his name and the names of
				individual employees referred to therein shall not appear in such copy or on
				any record published, released or made available by the bureau.
B. If upon receipt of such complaint the
				bureau determines that the complaint meets the requirements set forth in
				Subsection A of this section, it shall cause an investigation of the complaint
				to be made as soon as practicable. Investigations under this section are not
				limited to the matters referred to in the complaint.
C. If the bureau determines that the
				requirements of Subsection A of this section have not been met, it shall notify
				the complainant in writing of such determination. Such determination shall be
				without prejudice to the filing of a new complaint meeting the requirements of
				Subsection A of this section.
D.
				Prior to or during an inspection of a workplace, any employee or representative
				of employees employed in such workplace may notify the bureau or the compliance
				officer, in writing, of any violation of the state act which they have reason
				to believe exists in the workplace. Any such notice shall comply with the
				requirements of Subsection A of this section.
E. The bureau shall promptly notify the
				complainant and employer in writing of the results of the investigation and any
				action to be taken. If no action is contemplated, the bureau shall notify the
				complainant and include in the notice the reasons therefor.
F. If the bureau determines that no
				compliance action will be taken, the complainant may obtain review of such
				determination by submitting a written request to the secretary within 15 days
				of receipt of the notice specified in Subsection E of this section. Within five
				days after receiving the request, the secretary shall notify the employer by
				certified mail of the request and shall include a copy thereof. However, upon
				the request of the complainant, his name shall not appear on such
				copy.
G. Within 30 days after
				notice to the employer, the secretary shall hold such informal conferences as
				may be necessary for the complainant and the employer to present their views.
				After considering all written and oral views presented, the secretary shall
				affirm, modify, or reverse the determination of the bureau and furnish the
				complainant and the employer a written notification of his decision and the
				reasons therefore.
H. The secretary
				may designate an employee of the department to conduct the review, but such
				employee may not be the person who investigated the complaint. The decision of
				the secretary shall be final and not subject to further review.