New Mexico Administrative Code
Title 11 - LABOR AND WORKERS' COMPENSATION
Chapter 5 - OCCUPATIONAL HEALTH AND SAFETY
Part 1 - OCCUPATIONAL HEALTH AND SAFETY - GENERAL PROVISIONS
Section 11.5.1.7 - DEFINITIONS
Universal Citation: 11 NM Admin Code 11.5.1.7
Current through Register Vol. 35, No. 18, September 24, 2024
A. General: Unless otherwise specified, the terms used in 11.5.1 NMAC through 11.5.4 NMAC and 11.5.6 NMAC shall be construed in accordance with definitions contained in the state act. In addition, the following terms have the indicated meanings.
(1)
"Bureau" means the occupational health and safety bureau of the
department, or any other bureau of the department to which responsibility for
enforcement of the state act may be assigned.
(2)
"Chief" means the chief of
the bureau or his or her designee.
(3)
"Commission" means the
occupational health and safety review commission.
(4)
"Compliance officer" means
a department employee who is carrying out the provisions of the state
act.
(5)
"Compliance program
manager" means the person in the bureau who is primarily responsible for
managing the compliance program.
(6)
"Counsel" means an attorney
licensed to practice law.
(7)
"Department" means the New Mexico environment
department.
(8)
"Employee
representative" means a representative of the employee's recognized or
certified bargaining agent.
(9)
"Imminent danger situations" means those situations in a place of
employment which are such that a danger exists which could reasonably be
expected to cause death or serious physical harm immediately or before the
imminence of the danger can be eliminated through the enforcement provisions
otherwise provided by the state act.
(10)
"Interviewee" means the
individual being questioned by the department's representative.
(11)
"On-site consultation"
means an inspection conducted by the bureau pursuant to Subsection B of
50-9-6
NMSA 1978.
(12)
"Personal
counsel" means counsel for an employee who requests representation for
an employee interview, but does not want to use employer counsel. The employer
may, if the employee requests such counsel prior to the interview, or the
employer must, if employee uses company counsel during the interview and a
conflict of interest arises during the interview in violation of the New Mexico
rules of professional conduct, retain and pay for a counsel for the employee:
(i) who is not currently representing the
employer;
(ii) does not have a
retainer agreement with the employer;
(iii) is not in-house counsel with the
employer;
(iv) will have a duty to
represent employee in the context of the OSHA investigation;
(v) will abide by the relevant New Mexico
rules of professional conduct and
(vi) and is a comparable attorney to the
employer's counsel.
(13)
"Private" means:
(a) for
employee interviews, to the exclusion of an employer or employer
representative, except if employee requests employee's representative, or
requests employer counsel and both employer and employee consent in writing to
the dual representation and the counsel abides by the relevant New Mexico rules
of professional conduct; and
(b)
for employer interviews, to the exclusion of an employee or employee
representative.
(14)
"Secretary" means the secretary of the environment
department.
(15)
"State
act" means the Occupational Health and Safety Act, NMSA 1978, Sections
50-9-1 to
50-9-25, as it may
be amended from time to time.
(16)
"Trade secret" means the whole or any portion of a phase of any
scientific or technical information, design, process, procedure, formula or
improvement that is secret and of value. A trade secret shall be presumed to be
secret when the owner thereof takes measures to prevent it from becoming
available to persons other than those selected by the owner to have access
thereto for limited purposes.
(17)
"USDOL" means the United States department of labor.
B. Terms in incorporated federal standards: Terms in the federal occupational safety and health standards incorporated by reference in 11.5.1 NMAC through 11.5.4 NMAC and 11.5.6 NMAC shall be construed to be references to the corresponding entities in the state occupational health and safety program.
(1) "Act" shall be construed to mean the
corresponding section of the state act.
(2) "Assistant secretary of labor" shall be
construed to mean the secretary.
(3) "OSHA area director or area office" shall
be construed to mean the compliance program manager.
(4) "OSHA area office" shall be construed to
mean the bureau.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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