New Mexico OSHA laws & HR compliance analysis

New Mexico OSHA: What you need to know

The federal Occupational Safety and Health Act (OSH Act) is “preemptive;” that is, it overrides state laws and regulations in the areas it covers. Since this amounts to virtually all areas of workplace health and safety in the private sector, the OSH Act supplants most state work safety requirements. Under the OSH Act, individual states may devise and administer their own laws and regulations, but only with federal approval and only if the applicable state requirements are as stringent as the corresponding federal standards.
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New Mexico is a “state-plan” state, which means it has its own OSH plan called the New Mexico Occupational Health and Safety Act (NM Stat. Sec. 50-9-1et seq.; NM Admin. Code Ch. 11 Sec. 5.1et seq.), and the plan has received federal approval. The state act covers both private sector (businesses and nonprofit organizations) and public sector (state and municipal governments, schools, commissions, etc.) employers and its standards are substantially identical to those of the federal OSH Act. New Mexico's Act is administered by the New Mexico Environmental Department/Occupational Health and Safety Bureau (OHSB).
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