New Mexico has adopted the federal requirements for written safety plans for specific activities (e.g., bloodborne pathogens exposure control plan, hazard communication plan) and for specific hazardous substances in both private (businesses and nonprofit organizations) and public (state and local governments) sector workplaces.
New Mexico’s workers’ compensation rules require certain employers to establish safety and loss prevention programs. New Mexico provides voluntary guidance on how to develop a safety program to employers who obtain their workers’ compensation insurance through the state program.
The New Mexico Environment Department’s Occupational Health and Safety Bureau governs workplace safety and health rules in public and private sector workplaces. The New Mexico Workers’ Compensation Administration (WCA) administers the state safety and loss prevention programs.
SAFETY AND LOSS PREVENTION PROGRAMS
Employers with premiums of $5,000 or more and self-insurers will receive an annual safety inspection and workplace safety recommendations from the WCA. The Council on Workers’ Compensation and Occupational Disease Disablement provides a guide for employers with less than a $5,000 annual premium. Some employers may be identified as “extra-hazardous,” and these employers must have a safety consultation from WCA, their insurer, or another approved source within 30 days and must devise and implement a specific accident prevention plan. Failure to comply with these safety requirements is punishable by a fine of up to $5,000. ACCIDENT PREVENTION PROGRAM—INDIVIDUAL SELF-INSURER
Employers that are identified as "extra-hazardous" must have a safety consultation ...