Melissa J. Barker

New Mexico Occupational Health and Safety Bureau

(NM OSHA)

Occupational Safety

and Health Administration

Responsible for worker safety and

health protection

Develops and enforces mandatory job

safety and health standards

Maintains a reporting and

recordkeeping system to monitor job-

related injuries and illnesses

Provides assistance, training and other

support programs to help employers

and workers

All employees and their employers under

Federal Government authority

Coverage provided either directly by

federal OSHA or through an OSHA-

approved state program

Does not cover the self-employed or

immediate members of farm families that

do not employ outside workers

OSHA is responsible for writing and enforcing standards that employers must follow (29 CFR’s 1910 and 1926)

Where OSHA has not issued specific standards, employers are responsible for following the OSH Act's “General Duty Clause” or 5(a)(1)

States with OSHA-approved programs must set standards at least as effective as federal standards

Determine which OSHA standards

apply to your workplace

Follow the OSHA standards and

requirements

Employers of 11 or more employees must

maintain records of occupational injuries and

illnesses.

All employers must report to OSHA within 8

hours any accident that results in a fatality or

in-patient hospitalization of 3 or more

employees.

New Requirements as of 1/1/2015

New Requirements as of 1/1/2015

All employers must report any fatality to OSHA

within 8 hours

Within 24 hours

Any accident that results in an in-patient

hospitalization of 1 or more employees

Any amputation

Any loss of an eye

Maintained on a calendar year basis

Summary of records for the previous year

must be posted from February through

April

Employers must provide a safe and healthful

workplace free of recognized hazards and

follow the OSHA standards

The OSH Act grants employers important

rights, particularly during and after an OSHA

inspection

Employers also provide training, medical

examinations and recordkeeping

You have the right to:• A safe and healthful workplace

• Information about injuries and illnesses in the workplace

• Complain or request hazard correct from employer

• Training

• Hazard exposure and medical records

• Participate in an OSHA inspection

• Be free from retaliation for exercising safety and health rights

Read the OSHA poster

Follow the employer’s safety and health rules

and wear or use all required gear and

equipment

Report hazardous conditions to a supervisor

or safety committee

Report hazardous conditions to OSHA, if

employers do not fix them

Cooperate with OSHA inspectors

There are 27 states and territories with

approved safety and health plans

• New Mexico is a State PlanJurisdiction over city, county and state governments

NO jurisdiction over federal entities, sovereign

nations, or where other agencies have established

jurisdiction

New Mexico has adopted the following

unique State standards:• Public Sector Firefighting

• Convenience Stores

• Field Sanitation

• Short-Handled Hoes

The Bureau is a part of the New Mexico

Environment Department and is divided

into three sections:

• Administrative (includes BLS)

• Consultation

• Compliance

Local Emphasis Programs (LEP)

• Construction

• Fabricated Metal Products

• Oil and Gas Well Drilling

• Refineries

• Silica

• Waste Management

• Healthcare (Nursing and Residential Homes

and Hospitals)

Inspection Priorities• Imminent danger Any condition where there is reasonable

certainty that a danger exists that can be expected to cause death or serious physical harm immediately or before the danger can be eliminated through normal enforcement procedures.

• Catastrophes and fatal accidents• Complaints and referrals• Programmed inspections• Follow up inspections

Inspectors Credentials

Opening Conference

Walkthrough

Closing Conference

Possible Citations

• OTSV-$0-$1000

• SV-$1500-$7000

• WV-$5000-$70,000

• CW-$250,000 (or $500,000 if the employer is a

corporation) or imprisoned up to 6 months, or both. A

second conviction doubles the possible term of

imprisonment

• RV-up to $70,000 for each such violation within the

previous 3 years.

• FTAV-up to $7,000/violation for each day that the

violation continues beyond the prescribed abatement

date

Employee

• 10 days May only contest abatement time frame

Employer

• Informal meeting-ASAP upon receipt of notice of citation

• Formal Notice of Contest-15 days from receipt of citations (in writing, no verbal notifications)

Formal Notice of Contest

• Forwarded to the Review Commission

11.5.5NMAC III.C.5 Review

Commission

Compliance Assistance

Consultation

Insurance Carriers

Workers Comp

Private Consultants

Nationwide

◦ 4,405 fatalities in 2013¹; down from 4,628 in 2012

◦ 3.2 fatal injuries per 100,000 full-time equivalent workers

◦ 40% of worker fatalities involved transportation incidents² (22% - roadway

incidents / 17% - Other)

◦ Fatal work injuries among all major racial/ethnic groups were lower except

fatal work injuries among Hispanic or Latino workers were higher in 2013 –

up 7%.

New Mexico

◦ 53 fatalities in 2013; up from 39 in 2012

◦ 64% (34 of 53) involved transportation incidents

¹ Based on 2013 preliminary BLS numbers

²Transportation incidents includes highway, nonhighway, air, water, and rail fatal injuries resulting from being struck by a vehicle.

Source: U.S. Department of Labor, Bureau of Labor Statistics, in cooperation with states, Census of Fatal Occupational Injuries.

The amendment for partially exempt industries

was adopted under the existing NMAC and

became effective January 1, 2015.

Anticipated adoption of the changes to reporting

requirements will take place after New Mexico

OHSB intent to adopt and changes to NMAC

language are complete.

On May 4, 2015, OSHA issued a new

standard for construction work in confined

spaces, which will be effective starting

August 3, 2015.

525 Camino de los Marquez, Suite 3

Santa Fe, NM 87505

1-877-610-6742

Or

(505) 476-8700