New Mexico Plan
[New Mexico State Plan Website]
Contact Information |
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New Mexico Environment Department
1190 St. Francis Drive, Suite N4050
Santa Fe, New Mexico 87502
PH: 505-827-2855
Fax: 505-827-2836
Mailing Address:
P.O. Box 5469
Santa Fe, New Mexico 87502
F. David Martin, Secretary
Butch Tongate, Deputy Secretary
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Occupational Health and Safety Bureau
Robert Genoway, Acting Chief
PH: (505) 476-8700
Fax: 505-476-8734
Compliance Program
Robert Genoway, Compliance Program Manager
PH: 505-476-8718
Fax: 505-476-8734
Consultation Program
Harry Buysse, Consultation
PH: 505-476-8720
Fax: 505-476-8734
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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's 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
Disclaimer
OSHA makes every effort to ensure that the information on this page is accurate and up to date, but
changes in state law and procedures affecting the information on this page are beyond OSHA's
control. Contact state program staff directly to verify important information.