New Mexico has adopted the federal workplace recordkeeping requirements for illness and injury reports and maintenance of employee medical records by reference (126.96.36.199 NMAC).
Employers with 11 or more employees must keep illness and injury records (OSHA Forms 300, 300A, and 301) for five years (29 CFR 1904.29). Employers in certain low-hazard industry groups are exempt from the federal illness and injury recordkeeping requirements, including most retail establishments and finance, insurance, real estate, and service firms (29 CFR 1904.2). Contact the nearest OSHA regional office to determine if your firm is exempt.
All employers, regardless of the number of employees, must report any accident resulting in one or more fatalities or the hospitalization of three or more employees to the nearest OSHA office within eight hours of either the occurrence or the time it became known to any agent of the employer (29 CFR 1904.39).
Fatalities and multiple hospitalization accidents must be reported to the New Mexico Environmental Department by telephone to (505) 827-4230, by telegraph, or by facsimile machine to (505) 827-4422.
Periodic medical tests must be performed to monitor the health effects of potentially toxic or carcinogenic workplace substances. Records must contain extensive medical surveillance information, exposure reduction efforts, and monitoring data. Employers must provide exposure records, such as those that show the measuring or monitoring of the employee's exposure to a toxic substance or harmful physical agent, to affected employees or designated employee representatives on written request. Medical records for each employee must be maintained for 30 years after the ...