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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