New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 2 - JOB TRAINING
Part 2 - EQUAL EMPLOYMENT OPPORTUNITY IN APPRENTICESHIP STATE PLAN
Section 11.2.2.17 - RECORDKEEPING
Current through Register Vol. 35, No. 18, September 24, 2024
A. General obligation: Each sponsor must collect such data and maintain such records as the department finds necessary to determine whether the sponsor has complied or is complying with the requirements of this part. Such records must include, but are not limited to records relating to:
B. Sponsor identification of record: For any record the sponsor maintains pursuant to this part, the sponsor must be able to identify the race, sex, ethnicity (Hispanic or Latino/non-Hispanic or Latino), and when known, disability status of each apprentice, and where possible, the race, sex, ethnicity, and disability status of each applicant to apprenticeship and supply this information upon request to the department.
C. Affirmative action programs: Each sponsor required under 11.2.2.9 NMAC to develop and maintain an affirmative action program must retain both the written affirmative action plan and documentation of its component elements set forth in 11.2.2.10 NMAC, 11.2.2.11 NMAC, 11.2.2.12 NMAC, 11.2.2.13 NMAC, 11.2.2.14 NMAC, and 11.2.2.16 NMAC.
D. Maintenance of records: The records required by this part and any other information relevant to compliance with these regulations must be maintained for five years from the date of the making of the record or the personnel action involved, whichever occurs later, and must be made available upon request to the department or other authorized representative in such form as the department may determine is necessary to enable it to ascertain whether the sponsor has complied or is complying with this part. Failure to preserve complete and accurate records as required by Subsections A, B, and C of this section constitutes noncompliance with this part.
E. Confidentiality and use of medical information:
F. Access to records: Each sponsor must permit access during normal business hours to its places of business for the purpose of conducting on-site EEO compliance reviews and complaint investigations and inspecting and copying such books, accounts, and records, including electronic records, and any other material the department deems relevant to the matter under investigation and pertinent to compliance with this part. The sponsor must also provide the department access to these materials, including electronic records, off-site for purposes of conducting EEO compliance reviews and complaint investigations. Upon request, the sponsor must provide the department information about all format(s), including specific electronic formats, in which its records and other information are available. Information obtained in this manner will be used only in connection with the administration of this part or other applicable EEO laws.