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New Mexico
Environment Department
Occupational Health and Safety

EMPLOYER INFORMATION

The Occupation Health and Safety Act requires employers to furnish New Mexico employees with a safe and healthy work environment. While many employer concerns, in the area of safety and health, can be handled by the NM OHSB Consultation Section, the inspection information on this page should be of interest and beneficial to employers.

The Inspection Process

There are five general reasons that a business or public entity may be inspected:

1. A complaint filed by an employee or their representative.

2. A referral from another governmental agency or member of the public.

3. Review of records.

4. A general scheduled inspection.

5. An accident where three or more individuals are hospitalized.

Upon receipt of a complaint or referral, the Compliance Program Manager decides whether or not to initiate an investigation. If an investigation is decided upon, it is either in the form of an official letter of inquiry into the situation and the nature of the complaint, telephone call, by a fax inquiry, or in an on-site inspection.

The letter of inquiry is sent to the employer notifying them about the complaint and inquiring as to the validity of the items. Employers are given a reasonable amount of time to respond. If the response sufficiently resolves the problem, then the file is closed. A phone or fax inquiry is handled much as a letter of inquiry. If the response is inadequate to determine if the hazard exists or not, then a compliance officer may be sent to perform an inspection.

An inspection may be performed on any complaint or referral. Furthermore, many inspections are planned from a random list of high hazard industries. Inspections that arise from complaints and referrals are primarily limited to the scope of the complaint items, and any other hazards that are seen during the inspection. If the facility is considered to be a high-hazard industry according to the Standard Industrial Classification code (SIC code), the inspection can be conducted as a comprehensive inspection. The primary focus of an investigation is not to determine fault, but whether employees are exposed to hazards at the time of the inspection resulting in a violation of the occupational health and safety act.

Components of an Inspection

There are three parts to the inspection process:

1. The opening conference
2. The walk-around or Inspection
3. The closing conference.

The Opening Conference

As the inspector enters the facility an opening conference is held with the management and/or other interested parties. Information covered in the opening conference is as follows:

1. The reason the inspection is taking place.
2. The scope of the inspection.
3. The legal authority to perform the inspection.
4. Gathering of basic information about the company, it’s processes, and employees.

The Inspection Walk-through

The inspection takes place after the opening conference. The inspector will walk-through the work site or certain portions of it, depending on the reason for the inspection. The inspection may include the following:

1. Inspection of the work site.
2. Employee interviews.
3. Review of records.
4. Policy and procedure review.
5. Accident scene investigation.

The Closing Conference

After the inspection walk-through, the inspector will end the inspection with a closing conference and the following information will be covered:

1. The hazards that were found.
2. Procedures for correcting the citable conditions and what action the employer is expected to take.
3. The amount of time given to correct the hazards.
4. The methods required for contacting NM OHSB after hazards have been abated.
5. Employer rights and the methods for contesting citation, penalties, or abatement time.
6. Employee rights regarding the abatement time, and filing contests.

The closing conference covers all information that the employer requires in regard to citable conditions found during the inspection. It also emphasizes what the employer can expect from OHSB and the employer/employee rights in regard to any citations issued.

Reporting Fatalities

Within eight (8) hours after the death of any employee from a work-related incident or the inpatient hospitalization of three or more employees as a result of a work-related incident, the employer must report the event to OSHA. For incidents within New Mexico, you contact the New Mexico Occupational Health and Safety Bureau in person by visiting our offices at: 525 Camino de los Marquez, Suite 3 in Santa Fe, NM. You may also fax the information to our fax number at 505-476-8734. Or you may call 505-476-8700 during work hours or 800-321-OSHA (800-321-6742) outside of normal working hours.

The specific information you need to provide is described in 29 CFR 1904.39 

Checklists Table

Checklists options will be located under Publications then under Checklists

To save: RIGHT-click the Word documents below and select “Save Target/Link As…”

Abrasive wheel equipment grinders

Checklist

Maintaining the Foundation

Checklist

Exposure Limits

Checklist

Compressed gas and Equipment

Checklist

Compressors and Compressed Air

Checklist

Confined spaces: permit-required

Checklist

Cranes and hoists

Checklist

Electrical safety

Checklist

Elevated Surfaces

Checklist

Emergency action plan

Checklist

Employer Posting

Checklist

Environmental controls

Checklist

Ergonomics: computer workstations

Checklist

Exit doors

Checklist

Exits (Access and Egress)

Checklist

Fire protection

Checklist

Flammable and Combustible Material

Checklist

Floor and Wall Openings

Checklist

Hand tools and equipment

Checklist

Hazard communication

Checklist

Industrial trucks

Checklist

Infection control

Checklist

Ladders: portable

Checklist

Lockout and tagout

Checklist

Machine guarding

Checklist

Materials handling

Checklist

Medical services and first aid

Checklist

Noise: hearing conservation

Checklist

Personal protective equipment (PPE)

Checklist

Piping systems: identification

Checklist

Recordkeeping

Checklist

Safety Committees and Meetings

Checklist

Split rim and multi-piece wheel tire inflation

Checklist

Spray finishing operations

Checklist

Stairs and stairways

Checklist

Tools and equipment: portable power-operated

Checklist

Transportation: employees and materials

Checklist

Ventilation for indoor air quality

Checklist

Walkways

Checklist

Welding, cutting and brazing

Checklist

Work environment: general

Checklist

 

In addition to the resoucres available from OSHA to addess workplace conerns, assistance also is available from the Health Hazard Evaluation (HHE) program of the National Institute for Occupational Safety and Health (NIOSH). Through the HHE program, NIOSH responds to requests for evaluations of workplace health hazards from employers, employees and their representatives, and government agencies.

At no cost to the employer or employees, NIOSH conducts studies of workplaces in response to these requests to learn if workers are exposed to hazardous materials or harmful conditions. Workplace exposures studied include chemicals, biological agents, work stress, noise, radiation, and ergonomics. NIOSH evaluates the workplace environment and the health of employees by reviewing records and conducting on-site environmental and medical testing. Upon completion of the study, NIOSH issues a report that includes recommendations for addressing identified problems, reducing exposure, and preventing disease. HHEs can be especially helpful in the following situations:

1) Employees have an illness from an unknown cause.

2) Employees are exposed to an agent or working condition that is not regulated by OSHA.

3) Employees experience adverse health effects from exposure to a regulated or unregulated agent or working condition, even though the permissible exposure limit is not being exceeded.

4) Medical or epidemiological investigations are needed to evaluate the hazard.

5) The incidence of a particular disease or injury is higher than expected in a group of employees.

6) The exposure is to a new or previously unrecognized hazard.

7) The hazard seems to result from the combined effects of several agents.

 

OHSB Homepage

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