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Ex. DUT-NM-007 Standing duty Primary source read

NMSA 1978, Section 50-9-5 (Employer and employee duties), with Section 50-9-24 (Penalties)

Occupational Health and Safety Act: every employer shall furnish employment and a place of employment free from recognized hazards likely to cause death or serious physical harm and shall comply with the board's health and safety regulations

Legislature of New Mexico (Occupational Health and Safety Act, administered by the Environment Department, Occupational Health and Safety Bureau, under the Environmental Improvement Board) · New Mexico (State)

The COVID Project

The record

Jurisdiction
New Mexico
Level
State
Authority
Occupational Health and Safety Act, NMSA 1978, Sections 50-9-1 to 50-9-25 (State plan approved under 29 U.S.C. § 667)
Effective
standing throughout 2020-2021
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding duty
Addressees
  • employers (every employer in the State outside the federal-jurisdiction exclusions of § 50-9-23)
Character
workplace duty
Collection
Standing duties: New Mexico DUT-NM

Operative words

A. Every employer shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees. B. Every employer shall furnish and maintain a place of employment that must comply with the health and safety regulations promulgated by the board.

Penalty

§ 50-9-24: civil penalty up to $126,749 for each willful or repeated violation (minimum $9,054 for each willful violation); up to $12,675 for each serious violation; up to $12,675 for each day of failure to abate; criminal penalties for willful violations causing death (§ 50-9-24(F)-(G))

What it required

Bound every New Mexico employer, in every quarter, to furnish a workplace free from recognized hazards likely to cause death or serious physical harm and to comply with the board's regulations (11.5.1 NMAC, which adopts the federal standards and, from August 5, 2020, required reporting of every positive COVID-19 case within four hours), the standing duty that the public health orders and the COVID-Safe Practices gave pandemic content.

Retrieval note

Official compilation of NMSA 1978 Chapter 50 (Employment Law) from NMOneSource; Article 9 is the Occupational Health and Safety Act. The State plan's rules and the COVID-19 reporting amendments are already in the library: 11.5.1 NMAC (Ex. AGY-ST-LABOR-WORKPLACE-027), the emergency amendment to 11.5.1.16 NMAC effective Aug. 5, 2020 (Ex. AGY-ST-LABOR-WORKPLACE-066), its FAQs (Ex. AGY-ST-LABOR-WORKPLACE-068) and the second emergency amendment effective Dec. 3, 2020 (Ex. AGY-ST-LABOR-WORKPLACE-069). New Mexico adopted no separate COVID-19 workplace standard; the general duty of § 50-9-5(A) and the adopted federal standards (respiratory protection, PPE hazard assessment, sanitation, recordkeeping) carried the workplace duty, as the OHSB's FAQ states (Ex. DUT-NM-011).