A. Nothing in the Occupational Health and Safety Act shall affect the jurisdiction of any state agency or any political subdivision performing like functions or exercising like responsibilities with regard to occupational health and safety matters except as provided in Subsection B or C of this section.
B. Whenever the board prescribes or adopts a regulation under the procedures provided in the Occupational Health and Safety Act, the regulation shall, when a copy thereof is filed with the clerk of the political subdivision to which it applies, establish a minimum requirement concerning the matters covered by the regulation and shall be construed in connection with any local requirement relative to the same matter. The regulation of the board amends or modifies any requirement of the local standard which does not meet the regulation.
C. The Occupational Health and Safety Act and regulations promulgated under it, and not the acts and regulations enforced by the state mine inspector, shall apply to places of employment subject to the jurisdiction of the United States department of labor acting under the provisions of the Occupational Safety and Health Act of 1970 (84 Stat. 1590), as amended.
D. Compliance with a regulation of the board does not relieve any person from the obligation to comply with a stricter state agency or political subdivision health or safety requirement, but the state agency or political subdivision shall be responsible for the enforcement of the health and safety requirements established by that state agency or local authority.
History: 1953 Comp., § 59-14-21, enacted by Laws 1972, ch. 63, § 21; 1983, ch. 19, § 1.
Cross references. — For the federal Occupational Safety and Health Act of 1970, see 29 U.S.C. § 651 et seq.
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.