A. The department shall provide for the establishment and supervision of programs for the education and training of employers and employees in the recognition, avoidance and prevention of unsafe working conditions in employment and places of employment and consult with, advise and assist employers and employees about effective means of preventing occupational injuries and illnesses.
B. Upon an employer's request, the department shall provide an on-site consultation inspection of conditions and practices of the employer's work place without issuing citations or proposing penalties for violations noted, provided that imminent danger situations found during the on-site consultative visit must be pointed out to the employer. In the event the imminent danger is pointed out by the department consultant but immediate steps are not taken by the employer to eliminate such danger, the emergency procedures provided in Section 50-9-14 NMSA 1978 shall be pursued by the department to assure timely abatement of the imminent danger situation.
C. The secretary is responsible for programs involving research in occupational health and safety, for surveys and recommendations for occupational health and safety programs and for promotional, educational and advisory activities in occupational health and safety.
D. The board or the secretary may appoint special committees composed of technicians or professionals specializing in occupational health or safety to assist in carrying out the objectives of the Occupational Health and Safety Act [50-9-1 NMSA 1978]. Members of such committees shall be reimbursed as provided in the Per Diem and Mileage Act [10-8-1 to 10-8-8 NMSA 1978].
History: 1953 Comp., § 59-14-6, enacted by Laws 1972, ch. 63, § 6; 1975, ch. 290, § 4; 1993, ch. 322, § 5.
The 1993 amendment, effective April 8, 1993, substituted "department" for "agency" near the beginning of Subsection A and throughout Subsection B; made a minor stylistic change near the middle of Subsection A; substituted "50-9-14 NMSA 1978" for "59-14-13 NMSA 1953" in the second sentence of Subsection B; and substituted "secretary" for "director" near the beginning of Subsections C and D.
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.