Comparison: State vs. Federal
Rules. New Mexico has adopted the federal hazard communication standard by reference for both private (private businesses and nonprofit organizations) and public (state and local government offices and operations) sector employers, with two unique state-specific provisions. Unlike the federal standard, New Mexico’s rule specifies the forms in which SDSs are to be made accessible for employees working away from the primary facility. In addition, New Mexico allows for an exception to hazard communication training requirements.
Administration and enforcement. New Mexico Environment Department's Occupational Health and Safety Bureau administers and enforces the hazard communication requirements in New Mexico.
18.104.22.168B.(6)(a) NMAC and 22.214.171.124C.(6)(a) NMAC
The federal hazard communication standard 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 SDS 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 SDSs. TRAINING
126.96.36.199B.(6)(b) NMAC and 188.8.131.52C.(6)(b) NMAC
New Mexico regulations allow that a new employee may be deemed to have been trained according to the requirements of the hazard communication standard provided the employer can demonstrate that the employee has received training regarding the same hazards within the past 12 months.