About the New Mexico State Plan

The State of New Mexico, under an agreement with OSHA, operates an occupational safety and health program in accordance with Section 18 of the Occupational Safety and Health Act of 1970. The New Mexico state plan was initially approved on December 10, 1975, and received state plan certification on December 4, 1984.

The New Mexico Occupational Health and Safety Bureau (OHSB) is a part of the New Mexico Environment Department, headed by the Secretary. The main office is located in Santa Fe, with satellite offices in Albuquerque and Las Cruces.

Jurisdiction

The New Mexico OHSB exercises jurisdiction for all private and public sector employers and employees throughout the State of New Mexico except for maritime industries (long shoring, ship building, and ship breaking); mining operations; Federal civilian employees; employment on military bases, Indian reservations, or areas of exclusive Federal jurisdiction; and U.S. Postal Service employees.

Regulations and Standards

States must maintain job safety and health standards that are "at least as effective" as comparable federal standards. States may promulgate standards that are more stringent than the comparable federal standards or promulgate standards covering hazards not addressed by federal standards.

New Mexico adopts amendments to incorporated federal standards, by reference. These become enforceable the date they are available on the OSHA website. New standards require a public hearing before the Environmental Improvement Board, a seven member body appointed by the Governor and empowered to adopt, modify, or repeal OHS standards and regulations.

New Mexico has adopted the following unique State standards.

• Public Sector Firefighting
• Convenience Stores
• Field Sanitation
• Short-Handled Hoes

These standards are available on the New Mexico Environment Department's Regulations page.

Enforcement Programs

The Compliance Section is responsible for the enforcement of New Mexico's OHS standards and regulations. New Mexico has its own Field Operations Manual (FOM) outlining enforcement policies and procedures. The NMFOM is available on the State's website.

Voluntary and Cooperative Programs

New Mexico offers a number of voluntary and cooperative programs focused on reducing injuries, illnesses, and fatalities, including the on-site consultation program; Zia Star VPP program; partnerships; and alliances. More information on these programs is available on the State website.

Policies and Procedures

Explanation of New Mexico's policies and procedures is available by contacting the Occupational Health and Safety Bureau.

Informal Conferences and Appeals

Employers may request an Informal Conference prior to the expiration of the 15-day contest period after receiving citations. Violations, penalties, and abatement dates may be adjusted at this level. If an employer contests the citations, an Informal Administrative Review is held, at which settlement may be reached. If the issues are not settled, the case goes before the Occupational Health and Safety Review Commission.

The New Mexico OHS Review Commission is an independent quasi-judicial body empowered to hear and to rule on OHS contested cases. The OHS Review Commission may affirm, modify, or revoke a citation, penalty, or abatement date. The Commission consists of three members appointed by the Governor to represent the interests of employees, employers, and the occupational safety and health profession. The Commission's decisions may be appealed to the State District Court and further to the New Mexico Supreme Court.

The OHS Review Commission meets only at the call of the chairman. However, any two members may petition the chairman to call a meeting. All questions regarding the Commission should be directed to:

Occupational Health and Safety Review Commission
Joyce Medina, Administrator
NMED Boards and Commissions
1190 S. St. Francis Drive
Room N-2153
Santa Fe, New Mexico 87502
PH: 505-827-2425
FAX: 505-827-2836

Other Resources

Publications and Posters