New Mexico Administrative Code › Title 11 - LABOR AND WORKERS' COMPENSATION › Chapter 4 - WORKERS' COMPENSATION › Part 13 - CONTROLLED INSURANCE PLANS › Section 11.4.13.10 - SAFETY PLANS

Current through Register Vol. 35, No. 13, July 16, 2024
A. Criteria for
				approval. The following requirements must be met for initial approval of a
				safety plan and for final approval of an application for a controlled insurance
				plan. Failure to maintain continuous compliance with each of these requirements
				shall be considered a violation of these rules and the director shall be
				authorized to seek injunctive action to prohibit construction work until such
				failure is corrected.
(1) New Mexico OSHA
				compliance;
(2) Appointment of a
				site safety manager acceptable to the director;
(a) The site safety manager shall have a
				minimum of three-year's experience in programs covered by 29 CFR part 1910 or
				29 CFR part 1926, as applicable.
(b) An applicant shall submit a resume and
				credentials of the proposed site safety manager not less than 14 days before
				commencement of work on the project. The director, or his designee, shall
				review the resume credentials within 14 days. Work on the project shall not
				commence until the director or his designee has approved a site safety
				manager.
(c) An applicant shall
				submit a resume and credentials for any proposed substitute or standby site
				safety manager prior to any construction activities at the single construction
				site overseen by the substitute or standby site safety manager.
(d) In no event shall the applicant allow
				work at the single construction site to proceed for more than eight continuous
				hours without the approved site safety manager, or approved substitute or
				backup site safety manager being physically present at the single construction
				site.
(e) All approved safety plans
				must provide that the approved site safety manager, or approved standby or
				substitute site safety manager shall have plenary authority to close down the
				construction project in whole or in part, in the event that hazards to health
				or safety of workers present an imminent danger to worker health or safety. The
				approved site safety manager, backup site safety manager or substitute site
				safety manager has a duty to close down the construction project, in whole or
				in part, upon discovery of an imminent danger to worker health or safety that
				cannot be immediately rectified.
(3) A plan for coordination of site safety
				programs among all contractors and subcontractors by the site safety manager,
				including access for contractor and subcontractor safety personnel.
(a) The plan shall provide for review of the
				controlled insurance plan safety plan and drug and alcohol testing provisions
				by safety personnel employed by, or contracted to, individual contractors and
				subcontractors.
(b) The plan shall
				provide that any safety provisions, and drug and alcohol testing programs
				required by the contractor or subcontractor that are more stringent in the
				safety provisions or drug and alcohol testing programs required by the approved
				safety plan shall be enforceable against the employees and working conditions
				of the contractor or subcontractor and shall not be superseded by the approved
				controlled insurance plan safety plan or the approved controlled insurance plan
				drug and alcohol screening program.
(4) Third party safety consultant
(a) The applicant shall engage the services
				of an independently contracted safety consultant ("third party safety
				consultant") to provide independent inspections and oversight on safety issues
				to assist the site safety manager and the WCA.
(i) The third party safety consultant shall
				conduct work environment evaluation inspections of the single construction site
				at least twice per month during construction activities.
(ii) The third party safety consultant shall
				notify the site safety manager immediately of any hazardous condition disclosed
				by the third party safety consultant's inspection
(iii) The third party safety consultant shall
				not be terminated in response to making a good-faith finding that a safety
				hazard exists or in response to reporting such safety violations as provided by
				these rules.
(b) The
				third party safety consultant shall have credentials at least equal to those
				required of the site safety manager.
(c) The third party safety consultant shall
				not be the backup site safety manager.
(d) The credentials of the third party safety
				consultant shall be presented to, and approved in writing by, the WCA prior to
				the commencement of construction
(e) In the event that the third party safety
				consultant is replaced during construction activities, the credentials of the
				replacement third party safety consultant shall be presented to the WCA within
				no more than 10 working days of the earlier of the termination of the contract
				or the cessation of work by the prior third party safety consultant.
(f) The third party safety consultant shall
				prepare written reports at least every 30 days from the date of commencement of
				construction detailing any safety issues or hazards discovered during the
				inspections that occurred during the prior month. Said reports shall be
				provided to the WCA, all contractors and all sub-contractors.
(g) The third party safety consultant shall
				also generate a written report in the event that he or she discovers any
				condition or hazards that constitute an imminent danger to worker health or
				safety that the independent safety consultant believes would justify closure of
				the construction site in whole or in part by the site safety manager. Said
				report shall be provided to the WCA, all contractors and all subcontractors
				within 2 days of the discovery of the condition or hazard.
(5) Drug and alcohol screening, complying
				with provisions of Section
				52-1-12.1 NMSA 1978. Compliance
				with the drug and alcohol screening plan shall be the responsibility of the
				applicant provided that the applicant shall implement any more stringent plan
				incorporated pursuant to Subparagraph (a) of Paragraph (3) of Subsection A of
				11.4.13.10 NMAC.
(6) Continuous coverage of the construction
				site shall be provided by an on-site registered nurse, who shall have
				demonstrated experience in the treatment of workers' compensation claimants,
				during all working hours.
(a) Credentials and
				resume for the registered nurse must be presented to the WCA and approved prior
				to the beginning of construction.
(b) Credentials for any registered nurse
				serving in a backup capacity or as a substitute for the original approved
				registered nurse must be presented to the WCA and approved prior to the first
				instance of coverage by that nurse.
(c) Should the retention of a registered
				nurse constitute a hardship on the applicant because of location or any other
				circumstance, the applicant may petition the director for a waiver of this
				requirement pursuant to
				11.4.13.11 NMAC and the
				substitution of a certified, full-time, emergency medical technician (EMT). The
				applicant must demonstrate compliance.
(7) Emergency medical services plan
(a) The plan must include a provision
				requiring prominent display at the work site giving notice to workers of
				emergency facilities to be used in the event of an accident, including a map
				directing workers to the appropriate emergency facilities.
(b) The plan must include a provision
				requiring prominent display at the work site of notices concerning any
				contracted physicians or medical facilities.
(c) The plan must contain a provision for
				providing notice of initial choice of health care providers to workers, in
				compliance with WCA regulations.
(d) The plan must contain evidence of
				planning and contractual preparation for emergency medical evacuation by air,
				when medically appropriate.
(8) Evidence of a plan for facilitating
				return to work of injured employees.
(a) The
				plan must provide for appropriate communication to workers to ensure to the
				extent possible they are fully apprised concerning return to work
				policies.
(b) The plan must provide
				for the direct involvement of the employer of the injured worker in return to
				work planning and implementation commencing as soon as possible after the
				injury to the worker.
(c) The plan
				must provide for continued communication concerning return to work between the
				insurer, the worker and employer for all injuries persisting beyond the
				completion of the project.
(9) The site safety manager must certify to
				the owner of the property upon which the controlled insurance plan project is
				being built, all contractors and subcontractors and to the independent safety
				consultant, and to the WCA, that each worker on the single construction site
				has been specifically safety trained for each job function that they perform,
				within 10 days of the commencement, or change, of the workers job duties on the
				single construction site. The certification shall be on a form approved by the
				director.
(10) The plan must
				provide for communications provided to the applicant regarding substance abuse
				testing, medical treatment and medical conditions, or injury reports to be
				promptly and specifically communicated to the workers employer within four
				calendar days of the communication to the applicant. The applicant is solely
				responsible for this requirement. The applicant shall specify, to the WCA and
				to each contractor and subcontractor, before the commencement of work at the
				single construction site, the names of at least two persons working full time
				at the single construction site who are authorized to assist the applicant in
				fulfilling this responsibility.