Current through Register Vol. 35, No. 18, September 24, 2024
A. Criteria for
approval. The following requirements must be met for initial approval of a
safety plan and for final approval of an application for a controlled insurance
plan. Failure to maintain continuous compliance with each of these requirements
shall be considered a violation of these rules and the director shall be
authorized to seek injunctive action to prohibit construction work until such
failure is corrected.
(1) New Mexico OSHA
compliance;
(2) Appointment of a
site safety manager acceptable to the director;
(a) The site safety manager shall have a
minimum of three-year's experience in programs covered by 29 CFR part 1910 or
29 CFR part 1926, as applicable.
(b) An applicant shall submit a resume and
credentials of the proposed site safety manager not less than 14 days before
commencement of work on the project. The director, or his designee, shall
review the resume credentials within 14 days. Work on the project shall not
commence until the director or his designee has approved a site safety
manager.
(c) An applicant shall
submit a resume and credentials for any proposed substitute or standby site
safety manager prior to any construction activities at the single construction
site overseen by the substitute or standby site safety manager.
(d) In no event shall the applicant allow
work at the single construction site to proceed for more than eight continuous
hours without the approved site safety manager, or approved substitute or
backup site safety manager being physically present at the single construction
site.
(e) All approved safety plans
must provide that the approved site safety manager, or approved standby or
substitute site safety manager shall have plenary authority to close down the
construction project in whole or in part, in the event that hazards to health
or safety of workers present an imminent danger to worker health or safety. The
approved site safety manager, backup site safety manager or substitute site
safety manager has a duty to close down the construction project, in whole or
in part, upon discovery of an imminent danger to worker health or safety that
cannot be immediately rectified.
(3) A plan for coordination of site safety
programs among all contractors and subcontractors by the site safety manager,
including access for contractor and subcontractor safety personnel.
(a) The plan shall provide for review of the
controlled insurance plan safety plan and drug and alcohol testing provisions
by safety personnel employed by, or contracted to, individual contractors and
subcontractors.
(b) The plan shall
provide that any safety provisions, and drug and alcohol testing programs
required by the contractor or subcontractor that are more stringent in the
safety provisions or drug and alcohol testing programs required by the approved
safety plan shall be enforceable against the employees and working conditions
of the contractor or subcontractor and shall not be superseded by the approved
controlled insurance plan safety plan or the approved controlled insurance plan
drug and alcohol screening program.
(4) Third party safety consultant
(a) The applicant shall engage the services
of an independently contracted safety consultant ("third party safety
consultant") to provide independent inspections and oversight on safety issues
to assist the site safety manager and the WCA.
(i) The third party safety consultant shall
conduct work environment evaluation inspections of the single construction site
at least twice per month during construction activities.
(ii) The third party safety consultant shall
notify the site safety manager immediately of any hazardous condition disclosed
by the third party safety consultant's inspection
(iii) The third party safety consultant shall
not be terminated in response to making a good-faith finding that a safety
hazard exists or in response to reporting such safety violations as provided by
these rules.
(b) The
third party safety consultant shall have credentials at least equal to those
required of the site safety manager.
(c) The third party safety consultant shall
not be the backup site safety manager.
(d) The credentials of the third party safety
consultant shall be presented to, and approved in writing by, the WCA prior to
the commencement of construction
(e) In the event that the third party safety
consultant is replaced during construction activities, the credentials of the
replacement third party safety consultant shall be presented to the WCA within
no more than 10 working days of the earlier of the termination of the contract
or the cessation of work by the prior third party safety consultant.
(f) The third party safety consultant shall
prepare written reports at least every 30 days from the date of commencement of
construction detailing any safety issues or hazards discovered during the
inspections that occurred during the prior month. Said reports shall be
provided to the WCA, all contractors and all sub-contractors.
(g) The third party safety consultant shall
also generate a written report in the event that he or she discovers any
condition or hazards that constitute an imminent danger to worker health or
safety that the independent safety consultant believes would justify closure of
the construction site in whole or in part by the site safety manager. Said
report shall be provided to the WCA, all contractors and all subcontractors
within 2 days of the discovery of the condition or hazard.
(5) Drug and alcohol screening, complying
with provisions of Section
52-1-12.1 NMSA 1978. Compliance
with the drug and alcohol screening plan shall be the responsibility of the
applicant provided that the applicant shall implement any more stringent plan
incorporated pursuant to Subparagraph (a) of Paragraph (3) of Subsection A of
11.4.13.10 NMAC.
(6) Continuous coverage of the construction
site shall be provided by an on-site registered nurse, who shall have
demonstrated experience in the treatment of workers' compensation claimants,
during all working hours.
(a) Credentials and
resume for the registered nurse must be presented to the WCA and approved prior
to the beginning of construction.
(b) Credentials for any registered nurse
serving in a backup capacity or as a substitute for the original approved
registered nurse must be presented to the WCA and approved prior to the first
instance of coverage by that nurse.
(c) Should the retention of a registered
nurse constitute a hardship on the applicant because of location or any other
circumstance, the applicant may petition the director for a waiver of this
requirement pursuant to
11.4.13.11 NMAC and the
substitution of a certified, full-time, emergency medical technician (EMT). The
applicant must demonstrate compliance.
(7) Emergency medical services plan
(a) The plan must include a provision
requiring prominent display at the work site giving notice to workers of
emergency facilities to be used in the event of an accident, including a map
directing workers to the appropriate emergency facilities.
(b) The plan must include a provision
requiring prominent display at the work site of notices concerning any
contracted physicians or medical facilities.
(c) The plan must contain a provision for
providing notice of initial choice of health care providers to workers, in
compliance with WCA regulations.
(d) The plan must contain evidence of
planning and contractual preparation for emergency medical evacuation by air,
when medically appropriate.
(8) Evidence of a plan for facilitating
return to work of injured employees.
(a) The
plan must provide for appropriate communication to workers to ensure to the
extent possible they are fully apprised concerning return to work
policies.
(b) The plan must provide
for the direct involvement of the employer of the injured worker in return to
work planning and implementation commencing as soon as possible after the
injury to the worker.
(c) The plan
must provide for continued communication concerning return to work between the
insurer, the worker and employer for all injuries persisting beyond the
completion of the project.
(9) The site safety manager must certify to
the owner of the property upon which the controlled insurance plan project is
being built, all contractors and subcontractors and to the independent safety
consultant, and to the WCA, that each worker on the single construction site
has been specifically safety trained for each job function that they perform,
within 10 days of the commencement, or change, of the workers job duties on the
single construction site. The certification shall be on a form approved by the
director.
(10) The plan must
provide for communications provided to the applicant regarding substance abuse
testing, medical treatment and medical conditions, or injury reports to be
promptly and specifically communicated to the workers employer within four
calendar days of the communication to the applicant. The applicant is solely
responsible for this requirement. The applicant shall specify, to the WCA and
to each contractor and subcontractor, before the commencement of work at the
single construction site, the names of at least two persons working full time
at the single construction site who are authorized to assist the applicant in
fulfilling this responsibility.
B. Failure to obtain approval for a safety
plan or to maintain compliance with an approved safety plan is a serious
violation of these rules and the director is authorized to seek injunctive
relief to prevent commencement or continuation of construction until such
situation is remedied in addition to any other relief sought.