The New Mexico Occupational Health and Safety Act assures job health and safety protection for New Mexico workers by promoting safe and healthful working conditions throughout the state. The New Mexico Environment Department is responsible for administering the Act, and for enforcing compliance with regulations promulgated by the Environmental Improvement Board under the Act.

Provisions of the Act include, but are not limited to the following:
EMPLOYER
Employers must comply with Occupational Health and Safety Standards issued under the Act.
Employers must furnish to each of their employees a place of employment free from recognized hazards that are causing or likely to cause death or serious harm to employees.
Employers are required to keep injury and illness records, and are responsible for all other record keeping requirements as stated under the Act.
Employers are responsible for reporting to the Department, within 8 hours of any fatality or work-related accident involving three or more employees requiring hospitalization.

EMPLOYEES
Employees must comply with all Occupational Health and Safety Standards, rules, regulations and orders issued under the Act that apply to their own actions and conduct on the job.

INSPECTION
Job site inspections are conducted by the Environment Department Health and Safety officers, to assure compliance with the Act. A representative of the employer and a representative authorized by the employees must be given the opportunity to accompany the Department’s inspector during inspection of the workplace. If there is not an employee representative, the Department’s inspector shall consult with a reasonable amount of employees concerning Health and safety concerns in the workplace.

COMPLAINT
Employees or their representatives have the right to file a complaint with the Department requesting an inspection if they believe unsafe or unhealthful conditions exist in their work place. The Department will withhold the name, upon request, of any employee who files a complaint.
Employees shall not be discriminated against for filing health and safety complaints, or otherwise exercising their rights under the Act. Any private sector employee who believes they have been discriminated against for exercising their rights under the Act, may file a complaint with the Department or the Federal Occupational Safety and Health Administration within 30 days of the alleged discriminatory action. Any public sector employee may file a complaint with the Department.

CITATION
If upon inspection the Department believes the employer has violated the Act, a citation alleging such violation will be issued to the employer. Each citation will specify a time period within which the alleged violation must be corrected. The issued citation must be prominently displayed at or near the place of the alleged violation for three days, or until it is corrected, whichever is later, to warn employees of the dangers that may exist there.

FOR INFORMATION or ASSISTANCE
Relative to the State Occupational Health and Safety Program contact:
New Mexico Environment Department
Occupational Health and Safety Bureau

VOLUNTARY COMPLIANCE, TRAINING ASSISTANCE,
CONSULTATION
While providing penalties for violations, the Act also encourages employers to initiate action to reduce workplace hazards voluntarily. All workplaces and industries are encouraged to develop and/or improve their Health and Safety Programs. Upon request, the Department will provide free assistance in hazard recognition and control by conducting an on-site consultation inspection of the workplace without issuing citations or penalties for violations noted. Education and training, technical assistance, and Health and Safety Program development and implementation are also provided to employers and employees as a free service of the Consultation Section.

PROPOSED PENALTY
The Act provides for mandatory penalties of up to $7,000 for each serious violation and optional penalties of up to $7,000 for non-serious violations. For public employers the penalties for serious violations will be deemed paid if timely correction of the violation is made. Penalties of up to $7,000 per day may be proposed for failure to correct violations within the proposed abatement time period and for each day the violation continues beyond the prescribed abatement date. Any employer who willfully or repeatedly violates the Act may be assessed penalties of up to $70,000 for each such violation. Any willful violation resulting in the death of an employee, upon conviction, may result in a fine of up to $10,000 and/or imprisonment of up to six months. A second conviction of an employer doubles these maximum penalties. For violations of the Act noted, public employers shall be cited and compliance sought with established abatement periods through legal remedies provided by the Act.

COVERAGE
The State Act provides coverage of private employment with one or more employees, state agencies and political subdivisions located within the state. The Act does not cover federal or domestic employees, or employees performing activities where specific occupational health and safety conditions are regulated by the State Inspector of Mines or any federal agency.

COMPLAINTS ABOUT STATE PROGRAM ADMINISTRATION
The Federal Occupational Safety and Health Administration monitors the operation of the state program to assure its continued effectiveness. Anyone wishing to register a complaint concerning the administration of the New Mexico Occupational Health and Safety Program may do so by contacting:

U.S. Department of Labor
Occupational Safety and Health Administration

POSTING INSTRUCTIONS
THIS POSTER MUST BE CONSPICUOUSLY POSTED AT EACH PLACE OF EMPLOYEMENT IN THE STATE OF NEW MEXICO
This poster was published or reprinted in 1999;

For assistance contact the agency that published this poster Or any office of the New Mexico Department of Labor.