Comparison: State vs. Federal
· Rules. New Mexico is a “state-plan” state, which means it has its own federally approved occupational safety and health regulatory program. State law governs occupational safety and health in both the public and private sector workplaces, except for domestic employment and mines. The state has adopted the federal safety and health standards by reference and adopted its own requirements for construction crane operators, hazard communication, and safety and loss prevention programs for self-insurers under workers’ compensation that are stricter than federal requirements.
· Administration and enforcement. The Occupational Health and Safety Bureau (OHSB) administers and enforces safety and health requirements in private and public sector workplaces. The state Workers’ Compensation Administration (WCA) administers the safety and loss prevention program requirements under workers’ compensation rules.
ORGANIZATION AND RESPONSIBILITIES
OHSB protects workers from occupational hazards by regulating employers through its occupational safety and health rules. The agency has four operational areas:
- The Administrative section manages OSHB and gathers statewide statistical information on workplace injuries and fatalities.
- The Compliance section enforces health and safety regulations by conducting on-site inspections.
- The Compliance Assistance section works with and provides help to trade associations, unions, partnerships, and alliances to promote health and safety awareness.
- The Consultation Program section provides training and consultation services to employers that request assistance.
Private and Public Sector
Any “person” (i.e., employer) that has one or more ...