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 11.5.1.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
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 occupational health and safety bureau of the
				department, or any other bureau of the department to which responsibility for
				enforcement of the state act may be assigned.
(2)
"Chief"
means the chief of
				the bureau or his or her designee.
(3)
"Commission"
means the
				occupational health and safety review commission.
(4)
"Compliance officer"
means
				a department employee who is carrying out the provisions of the state
				act.
(5)
"Compliance program
				manager"
means the person in the bureau who is primarily responsible for
				managing the compliance program.
(6)
"Counsel"
means an attorney
				licensed to practice law.
(7)
"Department"
means the New Mexico environment
				department.
(8)
"Employee
				representative"
means a representative of the employee's recognized or
				certified bargaining agent.
(9)
"Imminent danger situations"
means those situations in a place of
				employment which are such that a danger exists which 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 provisions
				otherwise provided by the state act.
(10)
"Interviewee"
means the
				individual being questioned by the department's representative.
(11)
"On-site consultation"
means an inspection conducted by the bureau pursuant to Subsection B of
				50-9-6
				NMSA 1978.
(12)
"Personal
				counsel"
means counsel for an employee who requests representation for
				an employee interview, but does not want to use employer counsel. The employer
				may, if the employee requests such counsel prior to the interview, or the
				employer must, if employee uses company counsel during the interview and a
				conflict of interest arises during the interview in violation of the New Mexico
				rules of professional conduct, retain and pay for a counsel for the employee:
(i) who is not currently representing the
				employer;
(ii) does not have a
				retainer agreement with the employer;
(iii) is not in-house counsel with the
				employer;
(iv) will have a duty to
				represent employee in the context of the OSHA investigation;
(v) will abide by the relevant New Mexico
				rules of professional conduct and
(vi) and is a comparable attorney to the
				employer's counsel.
(13)
"Private"
means:
(a) for
				employee interviews, to the exclusion of an employer or employer
				representative, except if employee requests employee's representative, or
				requests employer counsel and both employer and employee consent in writing to
				the dual representation and the counsel abides by the relevant New Mexico rules
				of professional conduct; and
(b)
				for employer interviews, to the exclusion of an employee or employee
				representative.
(14)
"Secretary"
means the secretary of the environment
				department.
(15)
"State
				act"
means the Occupational Health and Safety Act, NMSA 1978, Sections
				50-9-1 to
				50-9-25, as it may
				be amended from time to time.
(16)
"Trade secret"
means the whole or any portion of a phase of any
				scientific or technical information, design, process, procedure, formula or
				improvement that is secret and of value. A trade secret shall be presumed to be
				secret when the owner thereof takes measures to prevent it from becoming
				available to persons other than those selected by the owner to have access
				thereto for limited purposes.
(17)
"USDOL"
means the United States department of labor.