A. Every employer shall keep records and submit reports of occupational injuries and illnesses as prescribed by the department. Reports shall not require employee identification by name.
B. The department shall publish annually a detailed summary of the statistical data received from employers. The department shall make a copy of such summary available on request to each employer, and the summary shall be made available upon request to any person having an interest in the report. In the preparation, publication or release of the statistical summary, the department shall not in any manner disclose information identifying any employer unless prior permission has been obtained from the employer in writing. The reports of each employer shall remain confidential and shall not be released, revealed or otherwise disclosed to any person other than the bureau of labor statistics and the occupational safety and health administration of the United States department of labor without prior permission of the employer unless pursuant to an administrative hearing of the board or an order of a court of competent jurisdiction.
History: 1953 Comp., § 59-14-18, enacted by Laws 1972, ch. 63, § 18; 1993, ch. 322, § 17.
The 1993 amendment, effective April 8, 1993, substituted "department" for "agency" throughout the section.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 137.
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.