Overview

• Initial Approval: December 10, 1975 (40 FR 57456)
• State Plan Certification: November 5, 1984 (49 FR 44205)
• Operational Status Agreement: September 24, 1997 (62 FR 49911), amended on June 9, 2000 65 FR 36629, and June 29, 2006 (71 FR 36991)

The New Mexico Occupational Health and Safety Bureau (OSHB) is a part of the New Mexico Environment Department which is headed by the Secretary. The main office is located in Santa Fe.

Coverage

The New Mexico State Plan applies to private sector workplaces in the state with the exception of:

1. Maritime employment, including shipyard employment, marine terminals, and longshoring;
2. Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
3. Enforcement of occupational safety and health standards at all private sector establishments on military facilities and bases, including but not limited to Kirtland Air Force Base, Fort Bliss Military Reservation, White Sands Missile Range Military Reservation, Holloman Air Force Base, Cannon Air Force Base, Fort Wingate Military Reservation, Fort Bayard Veterans' Hospital, Albuquerque Veterans' Hospital, Santa Fe National Cemetery;
4. Enforcement of occupational safety and health standards, to the extent permitted by applicable law, over tribal or private sector employment within any Indian reservation and lands under the control of a tribal government;
5. Enforcement of occupational safety and health standards with regard to employment at the U.S. Department of Energy's Western Area Power Administration site at Elephant Butte; and
6. All working conditions of aircraft cabin crewmembers onboard aircraft in operation.

The New Mexico State Plan also applies to state and local government employers. It does not apply to federal government employers including USPS. Federal OSHA covers the issues not covered by the New Mexico State Plan. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. NM OSHA also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).

A brief summary of the New Mexico State Plan is included in the Code of Federal Regulations 29 CFR 1952.20. Federal OSHA retains the authority to promulgate, modify, or revoke occupational safety and health standards under Section 6 of the OSH Act. In the event that federal OSHA resumes enforcement, those federal standards will be enforced. Federal OSHA also retains the authority to monitor the State Plan under Section 18(f) of the OSH Act.

State Plan Standards

NM OSHA has adopted all OSHA standards, incorporated by reference, that relate to state and local government and private sector employer operations. Therefore, the state and federal standards are identical. In addition, NM OSHA has adopted the following unique standards:

General Industry

• State and Local Government Firefighting
• Workplace Violence in Convenience Stores
• Hazard Communication

Construction

• Hazard Communication

Agriculture

• Field Sanitation
• Short-Handled Hoes
• First Aid
• Hazard Communication

Enforcement Programs

The Compliance Section of New Mexico OSHA is responsible for the enforcement of occupational safety and health standards. It utilizes the Field Operations Manual (FOM) to provide guidance for the enforcement program. Compliance officers inspect workplaces for hazardous conditions and issue citations where violations of occupational safety and health standards are found. Inspections may be the result of regular scheduling, imminent danger reports, fatalities, and worker complaints or referrals. More information on enforcement in New Mexico can be found on the New Mexico State Plan website.

Voluntary and Cooperative Programs

The New Mexico State Occupational Health and Safety Bureau (OHSB) Consultation Program offers voluntary and cooperative programs focused on reducing injuries, illnesses, and fatalities. The program also offers on-site consultation services which help employers – both state and local government and private sector – comply with occupational safety and health standards and identify and correct potential safety and health hazards. For more information on these programs, please visit the New Mexico State Plan website.

Informal Conferences and Appeals

The New Mexico OHSB conducts informal conferences in an effort to resolve contested cases. The New Mexico Occupational Health and Safety Review Commission hears and rules on appeals from citations, notifications, and penalties issued by New Mexico OSHA's enforcement unit. For more information on these proceedings, please visit the New Mexico State Plan website.