A. An employer shall keep such records and make such reports to the department as the board, by regulation, may require to carry out the purposes of the Occupational Health and Safety Act. Such regulation regarding records and reports shall be at least as effective as and consistent with the occupational safety and health record and report requirements of the United States department of labor. These records and reports shall be obtained with a minimum burden upon employers, especially those operating small businesses. Unnecessary duplication of efforts in obtaining information shall be reduced to the maximum extent feasible.
B. Employers shall maintain accurate records of employee exposures to potentially toxic material or harmful physical agents which are required to be monitored or measured as the board may prescribe by regulations. Employees and their representatives shall be given an opportunity to observe such monitoring and measuring. Employees and former employees shall be granted access to their own records as will indicate their own exposure to toxic material or harmful agents. Each employer shall promptly notify any employee who has been or is being exposed to toxic materials or harmful physical agents in concentrations or levels that exceed those prescribed by an applicable regulation adopted pursuant to the Occupational Health and Safety Act and shall inform any employee who is being thus exposed of the corrective action being taken. Employers shall retain the records of exposure of employees to specific toxic material and harmful agents for periods of time to be specified in regulations.
History: 1953 Comp., § 59-14-10, enacted by Laws 1972, ch. 63, § 10; 1975, ch. 290, § 8; 1993, ch. 322, § 9.
The 1993 amendment, effective April 8, 1993, substituted "department" for "agency" in the first sentence of Subsection A and made a minor stylistic change in Subsection B.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 56 et seq.
Employer's tort liability to worker for concealing workplace hazard or nature or extent of injury, 9 A.L.R.4th 778.
Who is "employer" for purposes of Occupational Safety and Health Act (29 USCA §§ 651 et seq.), 153 A.L.R. Fed. 303.
Structure New Mexico Statutes
Article 9 - Occupational Health and Safety
Section 50-9-2.1 - Legislative findings.
Section 50-9-4 - State occupational health and safety agency.
Section 50-9-5 - Employer and employee duties.
Section 50-9-5.1 - Employer duties; hazardous chemicals.
Section 50-9-6 - Training; assistance; consultation; research.
Section 50-9-7 - Duties and powers of the board.
Section 50-9-8 - Duties and powers of the department.
Section 50-9-9 - Occupational health and safety review commission; creation; organization.
Section 50-9-10 - Right of entry and inspection; complaints; consultation; notification.
Section 50-9-11 - Reports and record keeping by employers.
Section 50-9-12 - Adoption of regulations; notice and hearing.
Section 50-9-13 - Adopting standards by reference.
Section 50-9-14 - Emergency procedures.
Section 50-9-15 - Validity of regulation; variance determination; judicial review.
Section 50-9-16 - Variances; temporary variances.
Section 50-9-17 - Enforcement; appeals.
Section 50-9-18 - Subpoena power.
Section 50-9-19 - Accident reports and records.
Section 50-9-20 - Coordination.
Section 50-9-21 - Civil actions; admissibility as evidence; confidentiality of trade secrets.
Section 50-9-23 - Limitation on applicability of the act to certain employers and their employees.