reglab/statecodes huggingface dataset:
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 11.5.1.10 - SAVING CLAUSE

Current through Register Vol. 35, No. 13, July 16, 2024
Future amendments: No future amendment to 11.5.1 NMAC through
				  11.5.4 NMAC or 11.5.6 NMAC shall affect any administrative or judicial
				  enforcement action pending on the effective date of the
				  amendment.
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 11.5.1.11 - CONSTRUCTION

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 11.5.1 NMAC through 11.5.4 NMAC and 11.5.6
				  NMAC shall be liberally construed to effectuate the purpose of the state
				  act.
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 11.5.1.12 - COMPLIANCE WITH OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Compliance with the provisions of 11.5.1 NMAC through 11.5.4
				  NMAC and 11.5.6 NMAC does not relieve a person from the obligation to comply
				  with other applicable state and federal regulations.
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 11.5.1.13 - COMPLIANCE WITH INCORPORATED STANDARDS; EFFECT

Current through Register Vol. 35, No. 13, July 16, 2024
An employer who is in compliance with the provisions of
				  11.5.1 NMAC through 11.5.4 NMAC and 11.5.6 NMAC, including any incorporated
				  federal standards, shall be deemed in compliance with the requirement of
				  Subsection A of Section
				  50-9-5
				  NMSA 1978, but only to the extent of the condition, practice, means, methods,
				  operation or process covered by the provision.
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 11.5.1.14 - STAY OR INVALIDATION OF INCORPORATED FEDERAL STANDARDS; EFFECT

Current through Register Vol. 35, No. 13, July 16, 2024
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 only to
				  the extent it is enforceable by USDOL.
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 11.5.1.15 - LIMITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 provisions of
				  11.5.1 NMAC through 11.5.4 NMAC or 11.5.6 NMAC; but nothing in such exemptions
				  and limitations shall be construed to prohibit the department from enforcing
				  any otherwise applicable provisions with the use of state funds
				  only.
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 11.5.1.16 - RECORDKEEPING AND REPORTING OCCUPATIONAL INJURIES, ILLNESSES AND FATALITIES

Current through Register Vol. 35, No. 13, July 16, 2024
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, illnesses and fatalities which are required
				to be reported by 29 CFR Part 1904.39 shall be reported, by email, telephone or
				facsimile machine, to the bureau in lieu of the location specified in 29 CFR
				Part 1904.39 . The bureau's address, email, and telephone/facsimile numbers
				are: occupational health and safety bureau, New Mexico environment department,
				P.O. Box 5469, Santa Fe, NM 87502, email: nmenv-osha@state.nm.us, Tel: (505)
				476-8700, Fax: (505) 476-8734.
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 11.5.1.17 - POSTING OF OCCUPATIONAL HEALTH AND SAFETY INFORMATION POSTER

Current through Register Vol. 35, No. 13, July 16, 2024
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 for in the state act, and that for assistance and information,
				  employees should contact the department. The notices shall be posted where
				  employees report each day or from which the employees operate to carry out
				  their activities. Each employer shall take steps to insure that the notices are
				  not altered, defaced, removed, or covered by other material.
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 11.5.1.18 - PETITIONS FOR VARIANCES FROM JOB SAFETY AND HEALTH REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 preponderance
				of the evidence, that the conditions, practices, means, methods, operations and
				processes used by an employer, although not conforming to a regulation, will,
				in fact, provide protection to the health and safety of the employees to a
				degree which is equal to or greater than that which is provided by the
				regulations.
(2) Any employer
				seeking a variance under this section shall do so by filing a written petition
				with the bureau. Petition forms may be obtained from the bureau. Petitions
				shall:
(a) state the petitioner's name and
				mailing address;
(b) state the date
				of the petition;
(c) describe the
				facility or activity for which the variance is sought;
(d) state the address or description of the
				property upon which the facility or activity is located;
(e) identify the provision, including
				incorporated federal standard, if applicable, from which the variance is
				sought;
(f) state in detail the
				extent to which the petitioner wishes to vary from the provision;
(g) state why the petitioner believes the
				requested variance will provide protection to the health and safety of the
				petitioner's employees to a degree that is equal to or greater than that which
				is provided by the provision from which variance is sought;
(h) certify that the petitioner's employees
				have been informed of the petition, by giving a copy thereof to their
				authorized representatives; posting a statement giving a summary of the
				application and specifying where a copy of the petition may be examined, at
				places where notices to employees are customarily posted (or in lieu of such
				summary, the posting of the petition), and by other appropriate
				means;
(i) describe how employees
				have been informed of the application and of their right to request a hearing
				before the bureau;
(j) state the
				name and mailing address of the representatives of the petitioner's employees,
				if known; and
(k) be signed by the
				petitioner, or the petitioner's attorney or other authorized
				representative.
(3) The
				petitioner may submit with the petition any relevant documents or material
				which the petitioner believes would support the petition and may request a
				hearing, as provided in this section.
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 11.5.1.19 - ON-SITE CONSULTATIVE INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 filed with the bureau.
C. On-site consultations shall be provided as
				bureau consultants are available. No compliance inspection will be delayed by a
				request for an on-site consultation. No regularly scheduled compliance
				inspection shall be made during any on-site consultation. An on-site
				consultation shall be deemed to exist for purposes of this regulation from the
				date that the bureau's consultant enters the workplace until the violations
				noted during the inspection are corrected or until the bureau determines that
				no such corrective action will be taken.
D. Bureau consultants shall upon arrival at
				the workplace, announce the nature, purpose, and scope of their visit. At the
				conclusion of the consultation, the consultant shall confer with the employer
				or his representative and advise him of any apparent violations of the state
				act or the provisions of 11.5.1 NMAC through 11.5.4 NMAC or 11.5.6 NMAC
				disclosed by the consultation. If the employer fails to take necessary action
				to correct a serious violation within the duly established time frame for
				correction, or any extension therefore, the matter shall immediately be
				forwarded to appropriate bureau personnel for necessary compliance
				action.
E. Bureau consultants shall
				not issue citations or propose penalties for violations noted, provided
				imminent danger situations found during the on-site consultative visit must be
				pointed out to the employer. In the event imminent danger situations are
				pointed out but immediate steps are not taken by the employer to eliminate such
				danger, the emergency procedures provided in Section
				50-9-14 NMSA
				1978 shall be pursued by the department to assure timely abatement of the
				imminent danger situation.
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 11.5.1.21 - COMPLIANCE INSPECTIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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
				employer; to inspect and investigate the place of employment and all pertinent
				conditions, structures, machines, apparatus, devices, equipment and materials
				therein, and other records which are directly related to the purpose of the
				inspection during regular working hours and at other reasonable times and in a
				reasonable manner.
(2) Upon a
				refusal to permit a compliance officer, in the exercise of official duties, to
				enter without delay and at reasonable times, any place of employment or portion
				thereof, to inspect, to review records, or to question privately any employer,
				owner, operator, agent or employee, in accordance with Section
				50-9-10
				NMSA 1978, and Paragraph (1) of Subsection A of this section, or to permit a
				representative of employees to accompany the compliance officer during the
				physical inspection of any workplace, the compliance officer shall either
				terminate the inspection or confine the inspection to other areas, conditions,
				structures, machines, apparatus, devices, equipment, materials, records or
				interviews concerning which no objection is raised. Nothing in this paragraph
				shall be construed to preclude the department from obtaining an administrative
				inspection order and returning to the place of employment to conduct an
				inspection, interview(s), or to review records as authorized by such
				order.
(3) Any permission to enter,
				inspect, review records or question any person shall not imply or be
				conditioned upon a waiver of any cause of action, citation or penalty under the
				state act. Compliance officers are not authorized to grant any such
				waiver.
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 11.5.1.22 - IMMINENT DANGER

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  eliminated through the enforcement procedures otherwise provided in the state
				  act, the compliance officer shall inform the employer and affected employees of
				  the danger and that he is recommending that appropriate relief in accordance
				  with the provisions of the state act be taken. Appropriate citations and
				  notices of proposed penalties may be issued with respect to an imminent danger
				  even though the employer immediately eliminates the imminence of the danger and
				  initiates steps to abate such danger.
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 11.5.1.23 - ISSUANCE OF CITATIONS AND PROPOSED PENALTIES; FAILURE TO CORRECT VIOLATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 violated a requirement of Section
				50-9-5
				NMSA 1978, or any provision of 11.5.1 NMAC through 11.5.4 NMAC or 11.5.6 NMAC,
				he shall issue to the employer, by certified mail, either a citation or, for
				violations that have no direct or immediate relationship to health or safety, a
				notice of de minimis violations. An appropriate citation or notice of de
				minimis violations shall be issued even though after being informed of an
				alleged violation by the compliance officer, the employer immediately abates,
				or initiates steps to abate, such alleged violation. Any citation or notice of
				de minimis violations shall be issued with reasonable promptness after
				termination of the inspection. No citation may be issued under this subsection
				after the expiration of six months following the occurrence of any alleged
				violation.
(2) Any citation shall
				describe with particularity the nature of the alleged violation, including a
				reference to the provision(s) of the state act or of 11.5.1 NMAC through 11.5.4
				NMAC or 11.5.6 NMAC (including incorporated federal standard) alleged to have
				been violated. Any citation shall also fix a reasonable time or times for the
				abatement of the alleged violation.
(3) If a citation or notice of de minimis
				violations is issued for a violation alleged in a request for inspection under
				Subsection A of 11.5.1.20 NMAC, or a notification of violation under Subsection
				D of 11.5.1.20 NMAC, a copy of the citation or notice of de minimis violations
				shall be sent to the employee or representative of employees who made such
				request or notification.
(4) After
				an inspection, if the secretary or authorized representative determines that a
				citation is not warranted with respect to a danger or violation alleged to
				exist in a request for inspection under Subsection A of 11.5.1.20 NMAC, or a
				notification of violation under Subsection D of 11.5.1.20 NMAC, the informal
				review procedures prescribed in Subsections F through H of 11.5.1.20 NMAC shall
				be applicable.
(5) Every citation
				shall state that the issuance of a citation does not constitute a finding that
				a violation of the state act has occurred unless there is a failure to contest
				as provided for in the state act, or if contested, unless the citation is
				affirmed by the commission.
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 11.5.1.24 - POSTING OF CITATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 the notice occurred. Where, because
				of the nature of the employer's operations, it is not practicable to post the
				citation at or near each place of alleged violation, such citation shall be
				posted, unedited, in a prominent place where it will be readily observable by
				all affected employees. Where employees do not primarily work at or report to a
				single location, the citation may be posted at the location from which the
				employees operate to carry out their activities. The employer shall take steps
				to insure that the notice is not altered, defaced, removed or covered by other
				material. Notices of de minimis violations need not be posted.
B. Each notice or copy shall remain posted
				until the violation is abated or for three working days, whichever is later.
				The filing by the employer of a notice of intention to contest citations shall
				not affect his posting responsibility under this section unless and until the
				commission issues a final order vacating the citation.
C. An employer to whom the citation has been
				issued may post a notice in the same location where such citation is posted
				indicating that the citation is being contested before the commission, and such
				notice may explain the reasons for such contest. The employer may also indicate
				that specified steps have been taken to abate the violation.
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 11.5.1.25 - ABATEMENT VERIFICATION

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of 29 CFR Part 1903.19, Abatement Verification
				  (internet:
www.osha.gov
), are hereby
				  incorporated into this section.
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 11.5.1.26 - INFORMAL CONFERENCE

Current through Register Vol. 35, No. 13, July 16, 2024
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
				  abatement date or proposed petition for variance. When the conference is
				  requested by the employer, an affected employee or representative shall be
				  afforded an opportunity to participate, at the discretion of the chief or
				  chief's designee. When the conference is requested by an employee or
				  representative of employees, the employer shall be afforded an opportunity to
				  participate, at the discretion of the chief or chief's designee.
A. The request for an informal conference and
				the informal conference meeting shall not extend or modify in any manner:
(1) an abatement date established in the
				citation;
(2) the filing deadline
				for an employer to file a notice of contest;
(3) any other filing deadline related to the
				citation; or
(4) any matter that is
				pending before the bureau.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 2 - OCCUPATIONAL HEALTH AND SAFETY - GENERAL INDUSTRY › Section 11.5.2.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
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,
				  convenience stores are specifically covered in 11.5.6 NMAC.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 2 - OCCUPATIONAL HEALTH AND SAFETY - GENERAL INDUSTRY › Section 11.5.2.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  50-9-7,
				  50-9-13
				  and
				  74-1-8
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 2 - OCCUPATIONAL HEALTH AND SAFETY - GENERAL INDUSTRY › Section 11.5.2.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 1, 1995, unless a later effective date is indicated in
				  the history note at the end of a section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 2 - OCCUPATIONAL HEALTH AND SAFETY - GENERAL INDUSTRY › Section 11.5.2.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards related to employee occupational
				  health and safety in general industry.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 2 - OCCUPATIONAL HEALTH AND SAFETY - GENERAL INDUSTRY › Section 11.5.2.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS; REFERENCES IN OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 2 - OCCUPATIONAL HEALTH AND SAFETY - GENERAL INDUSTRY › Section 11.5.2.9 - INCORPORATED FEDERAL STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
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 modifications, exceptions and amendments are
				made to 29 CFR Part 1910 incorporated by Subsection A of this section:
(1) omit 1910.1;
(2) omit 1910.2(c), (d) and (e);
(3) omit 1910.4;
(4) omit 1910.5(a) and (f); and
(5) amend 1910.1200 Hazard Communication, as
				follows:
(a) 1910.1200(g)(9) is amended to
				read: Where employees must travel between workplaces during a workshift, i.e.,
				their work is carried out at more than one geographical location, the material
				safety data sheets may be kept at a central location at the primary workplace
				facility. In this situation, the employer shall ensure that employees can
				immediately obtain the required information in an emergency. The information
				shall be readily accessible by telephone, two-way communication, computer or
				actual copies of the material safety data sheets.
(b) The introductory paragraph to
				1910.1200(h) is amended to read: Employee information and training:
(1) employers shall provide employees with
				effective information and training on hazardous chemicals in their work area at
				the time of their initial assignment, and whenever a new physical or health
				hazard the employees have not been trained about is introduced to their work
				area, with the exception that a new employee shall be deemed to have been
				trained provided the employer can demonstrate the employee has received
				training regarding the same hazards within the past twelve months. Information
				and training may be designed to cover categories of hazards (e.g. flammability,
				carcinogenicity or specific chemicals). Chemical-specific information must
				always be available through labels and material safety data sheets.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 2 - OCCUPATIONAL HEALTH AND SAFETY - GENERAL INDUSTRY › Section 11.5.2.10 - FIREFIGHTING

Current through Register Vol. 35, No. 13, July 16, 2024
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 standard is not intended to supersede any more
				stringent requirements in effect at any fire department in the state. Fire
				departments are encouraged to provide protection that exceeds the minimum
				requirements specified in the standard. This standard is not intended to cover
				catastrophic situations where private citizens not trained in firefighting are
				pressed into service.
(2)
Application:
The requirements of this standard apply to public fire
				departments, including those composed of private or contractual type fire
				departments primarily performing duties normally performed by public fire
				departments, and forest firefighting operations. For the requirements
				applicable to fire brigades, industrial fire departments, and private or
				contractual type fire departments generally, see 29 CFR Part 1910.156, Fire
				Brigades.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 3 - OCCUPATIONAL HEALTH AND SAFETY - CONSTRUCTION INDUSTRY › Section 11.5.3.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All employment and places of employment of every employee
				  engaged in work for construction, alteration, or repair, including painting and
				  decorating.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 3 - OCCUPATIONAL HEALTH AND SAFETY - CONSTRUCTION INDUSTRY › Section 11.5.3.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  50-9-7,
				  50-9-13
				  and
				  74-1-8,
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 3 - OCCUPATIONAL HEALTH AND SAFETY - CONSTRUCTION INDUSTRY › Section 11.5.3.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 1, 1995, unless a later effective date is indicated in
				  the history note at the end of a section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 3 - OCCUPATIONAL HEALTH AND SAFETY - CONSTRUCTION INDUSTRY › Section 11.5.3.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards related to employee occupational
				  health and safety in the construction industry.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 3 - OCCUPATIONAL HEALTH AND SAFETY - CONSTRUCTION INDUSTRY › Section 11.5.3.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
The provisions of
				  11.5.1.7
				  NMAC are applicable to this part.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 3 - OCCUPATIONAL HEALTH AND SAFETY - CONSTRUCTION INDUSTRY › Section 11.5.3.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS; REFERENCES IN OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 to this part.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 3 - OCCUPATIONAL HEALTH AND SAFETY - CONSTRUCTION INDUSTRY › Section 11.5.3.9 - INCORPORATED FEDERAL STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
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:
Additionally, the provisions of 29 CFR Part 1910,
				Occupational Safety and Health Standards, identified by the United States
				department of labor as applicable to the construction industry and incorporated
				by 11.5.2 NMAC, Occupational Health and Safety-General Standards, are hereby
				made applicable to construction.
C.
Modifications, exceptions, and amendments:
The following
				modifications, exceptions and amendments are made to 29 CFR Part 1926,
				incorporated by Subsection A of this section:
(1) omit Subpart A-general 1926.1 through
				5;
(2) omit Subpart B-general
				interpretations (1926.10 through 1926.16); and
(3) amend 1926.59, hazard communication, as
				follows:
(a) 1910.1200(g)(9) is amended to
				read: Where employees must travel between work places during a workshift, i.e.,
				their work is carried out at more than one geographical location, the material
				safety data sheets may be kept at a central location at the primary workplace
				facility. In this situation, the employer shall ensure that employees can
				immediately obtain the required information in an emergency. This information
				shall be readily accessible by telephone, two-way communication, computer or
				actual copies of the material safety data sheets.
(b) The introductory paragraph to
				1910.1200(h) is amended to read: Employee information and training:
(1) employers shall provide employees with
				effective information and training on hazardous chemicals in their work area at
				the time of their initial assignment, and whenever a new physical or health
				hazard the employees have not been trained about is introduced to their work
				area, with the exception that a new employee shall be deemed to have been
				trained provided the employer can demonstrate the employee has received
				training regarding the same hazards within the past twelve months. Information
				and training may be designed to cover categories of hazards (e.g.,
				flammability, carcinogenicity or specific chemicals). Chemical-specific
				information must always be available through labels and material safety data
				sheets.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All employment and places of employment in agriculture
				  subject to the provisions of the Occupational Health and Safety
				  Act.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Sections
				  50-9-7,
				  50-9-13
				  and
				  74-1-8,
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
May 1, 1995, unless a later effective date is indicated in
				  the history note at the end of a section.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish standards related to employee occupational
				  health and safety in agriculture.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 operates an agricultural establishment or on whose premises or in
				whose interest an agricultural establishment is operated and any person who is
				responsible for the management and condition of an agricultural establishment
				or who acts directly or indirectly in the interest of an employer in relation
				to any employee.
(2) "Agricultural
				establishment" means a business operation that uses paid employees in the
				production of food, fiber, or other materials such as seed, seedlings, plants,
				or parts of plants.
(3) "Hand-labor
				operations" means agricultural activities or operations performed by hand or
				with hand tools, including but not limited to the hand harvest of vegetables,
				nuts, and fruit, hand weeding of crops and hand planting of seedlings, but not
				including such activities as logging operations, the care or feeding of
				livestock, or hand-labor operations in permanent structures such as canning
				facilities or packing houses.
(4)
				"Handwashing facility" means a facility providing a basin, container, or outlet
				with an adequate supply of potable water, soap and single-use towels.
(5) "Potable water" means:
(a) water that meets the standards for
				drinking purposes by the state or local authority having jurisdiction;
				or
(b) water that meets the quality
				standards prescribed by the United States environmental protection agency's
				National Interim Primary Drinking Water Regulations, published in 40 CFR Part
				141.
(6) "Toilet
				facility" means a fixed or portable facility designed for defecation and
				urination, including a biological or chemical toilet, which is supplied with
				toilet paper adequate to employee needs.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.8 - AMENDMENT AND SUPERSESSION OF PRIOR REGULATIONS; REFERENCES IN OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
				Amendment and supersession: This part shall be construed as amending and
				superseding:
(1) EIB/OHSR 400, Agricultural
				Standards, filed January 20. 1994, as amended;
(2) EIB/OHSR 401, Tools for Weeding and
				Thinning Crops, filed June 23, 1986; and
(3) EIB/OHSR 402, Field Sanitation, filed
				June 23, 1986.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.9 - INCORPORATED FEDERAL STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
Except as otherwise provided, the provisions of 29 CFR
				Part 1928, Safety and Health Standards for Agriculture (internet:
www.osha.gov
), are hereby incorporated into
				this section.
B.
Amendments:
Amend
				1928.21(a)(5), hazard communication 1910.1200, as follows:
(1) 1910.1200(g)(9) is amended to read: Where
				employees must travel between workplaces during a workshift, i.e., their work
				is carried out at more than one geographical location, the material safety data
				sheets may be kept at a central location at the primary workplace facility. In
				this situation, the employer shall ensure that employees can immediately obtain
				the required information in an emergency. The information shall be readily
				accessible by telephone, two-way communication, computer or actual copies of
				the material safety data sheets.
(2) The introductory paragraph to
				1910.1200(h) is amended to read: Employee information and training.
(1) Employers shall provide employees with
				effective information and training on hazardous chemicals in their work area at
				the time of their initial assignment, and whenever a new physical or health
				hazard the employee have not been trained about is introduced to their work
				area, with the exception that a new employee shall be deemed to have been
				trained provided the employer can demonstrate the employee has received
				training regarding the same hazards within the past twelve months. Information
				and training may be designed to cover categories of hazards (e.g. flammability,
				carcinogenicity, or specific chemical). Chemical-specific information must
				always be available through labels and material safety data sheets.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.10 - TOOLS FOR WEEDING AND THINNING CROPS

Current through Register Vol. 35, No. 13, July 16, 2024
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.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.11 - FIELD SANITATION

Current through Register Vol. 35, No. 13, July 16, 2024
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 field, without cost to the
				employee, and employees shall be allowed reasonable opportunities during the
				workday to use the toilet facilities.
(1)
Potable drinking water:
(a)
				Potable water shall be provided and shall be placed in locations readily
				accessible to all employees.
(b)
				The water shall be suitably cool and in sufficient amounts, taking into account
				the air temperature, humidity and the nature of the work performed to meet
				employees' needs.
(c) The water
				shall be dispensed in single use drinking cups or by fountains. The use of
				common drinking cups or dippers is prohibited.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 4 - OCCUPATIONAL HEALTH AND SAFETY - AGRICULTURE › Section 11.5.4.12 - EMERGENCY MEDICAL CARE

Current through Register Vol. 35, No. 13, July 16, 2024
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. Appendix A to 29 CFR Part 1910.151 - first aid kits
				(non-mandatory) may be used as guidance in determining the adequacy of first
				aid supplies.
B. Where the eyes or
				body of any person may be exposed to injurious corrosive materials, suitable
				facilities for quick drenching or flushing of the eyes and body shall be
				provided within the work area for immediate emergency use.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
Occupational Health and Safety Review
				  Commission.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
All parties and advocates for parties to any proceeding
				  before the commission.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.3 - AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
Section
				  50-9-9,
				  NMSA 1978.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 1996 [unless a later date is cited at the end of a
				  section]
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
To establish procedures for the conduct of proceedings before
				  the occupational health and safety review commission.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.8 - AMENDMENT AND SUPERSESSION OF PRIOR RULES; REFERENCES IN OTHER REGULATIONS

Current through Register Vol. 35, No. 13, July 16, 2024
This Part shall be construed as amending and superseding the
				  Rules of Procedure, OHSRC 93-1, filed November 15, 1993, as amended. Any
				  reference to the occupational health and safety review commission's rules of
				  procedure in any other rule shall be construed as a reference to this
				  Part.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.100 - SUBPART I: GENERAL PROVISIONS

Current through Register Vol. 35, No. 13, July 16, 2024
[see Sections
				  11.5.5.104
				  NMAC through
				  11.5.5.112
				  NMAC]
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.104 - APPLICABILITY OF RULES OF CIVIL PROCEDURE

Current through Register Vol. 35, No. 13, July 16, 2024
In the absence of a specific provision in this Part governing
				  an action, procedure shall be in accordance with the New Mexico Rules of Civil
				  Procedure, SCRA 1986, 1-001 to 1-102.
A.
Commission authority not
				expanded:
The incorporation of the Rules of Civil Procedure shall not be
				construed to expand or otherwise modify the authority and jurisdiction of the
				commission under the Act.
B.
Meaning of "judge" or "court":
For purposes of this Part, "judge" or
				"court" as used in the Rules of Civil Procedure means the commission or the
				hearing officer.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.106 - POWERS AND DUTIES OF COMMISSION, COMMISSION CHAIR, COMMISSION COUNSEL, HEARING OFFICER, AND COMMISSION SECRETARY

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Commission:
The commission,
				acting through a quorum, shall exercise all powers and duties not specifically
				delegated to the commission chair, the commission counsel, the commission
				secretary, or a hearing officer.
B.
Commission chair:
The commission chair shall:
(1) preside at all meetings of the
				commission; and
(2) act as hearing
				officer in all cases pending before the commission until such time as another
				hearing officer is appointed.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.107 - RECUSAL OR DISQUALIFICATION OF COMMISSION MEMBER OR HEARING OFFICER

Current through Register Vol. 35, No. 13, July 16, 2024
A.
Notice of
				voluntary recusal:
A commission member or hearing officer may file a
				notice of voluntary recusal at any time. The specific grounds for recusal need
				not be stated. Any commission member or hearing officer filing a notice of
				voluntary recusal shall serve a copy thereof on each party.
B.
Motion to disqualify:
Any
				party seeking to disqualify a commission member or the hearing officer shall
				file a timely motion for disqualification, stating the grounds therefor with
				particularity.
C.
Ruling:
(1) A motion seeking
				disqualification of a commission member shall be ruled upon by that member,
				whose ruling shall not be subject to review by the commission.
(2) A motion seeking disqualification of a
				hearing officer shall be ruled upon initially by the hearing officer. Denial of
				such motion may be appealed to the commission within five (5) days after such
				denial. Any such appeal not ruled upon within ten (10) days after filing shall
				be deemed denied.
New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY › Part 5 - OCCUPATIONAL HEALTH AND SAFETY REVIEW COMMISSION PROCEDURES › Section 11.5.5.108 - COMPUTATION AND EXTENSION OF TIME

Current through Register Vol. 35, No. 13, July 16, 2024
A.
General:
(1) Unless otherwise specifically provided by
				the Act, by this Part, or by order, any period of time specified in the Act, in
				this Part, or in any order shall be counted beginning with the day after the
				event from which the time is measured and shall include every calendar day
				thereafter until the specified number of days has been reached, except that:
(a) if the last day is a Saturday, Sunday, or
				holiday, the time is extended until the next day that is not a Saturday,
				Sunday, or holiday; and
(b) if the
				applicable period of time is stated as a specified number of "working days,"
				only days other than Saturdays, Sundays, or holidays shall be
				counted.