New Mexico Hazard Communication laws & safety compliance analysis

New Mexico Hazard Communication : What you need to know

·     Rules. New Mexico has adopted the federal HCS by reference for both private (private businesses and nonprofit organizations) and public (state and local government offices and operations) sector employers. Unlike the federal regulation, New Mexico's HCS regulation specifies the forms in which MSDSs are to be made accessible for employees working away from the primary facility.  In addition, New Mexico allows for an exception to HCS training requirements.

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·     Administration and enforcement. New Mexico Environment Department's Occupational Health and Safety Bureau administers and enforces the HCS requirements in New Mexico.

MSDS ACCESSIBILITY
11.5.2.9B.(6)(a) NMAC and 11.5.3.9C.(6)(a) NMAC

The federal HCS requires that where employees must travel between workplaces during a work shift, i.e., their work is carried out at more than one geographical location, the MSDS may be kept at a central location at the primary workplace facility. In this situation, the employer must ensure that employees can immediately obtain the required information in an emergency.

New Mexico regulations specify that the information must be readily accessible by telephone, two-way communication, computer, or actual copies of the MSDSs.

TRAINING
EXCEPTION
11.5.2.9B.(6)(b) NMAC and 11.5.3.9C.(6)(b) NMAC

New Mexico regulations allow that a new employee may be deemed to have been trained in the HCS provided the employer can demonstrate the employee has received training regarding the same hazards within the past 12 months.


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