{"id":"DUT-NM-007","kind":"duty","level":"state","jurisdiction":"New Mexico","state":"NM","metro":"","industry":"","agency":"","eco":"","issuer":"Legislature of New Mexico (Occupational Health and Safety Act, administered by the Environment Department, Occupational Health and Safety Bureau, under the Environmental Improvement Board)","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)","instrument":"NMSA 1978, Section 50-9-5 (Employer and employee duties), with Section 50-9-24 (Penalties)","title":"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\u0027s health and safety regulations","dateIssued":"","effective":"standing throughout 2020-2021","end":"standing","startDate":"","endDate":"2021-09-30","quarters":["2020Q2","2020Q3","2020Q4","2021Q1","2021Q2","2021Q3"],"types":["DUTY","EMP"],"addressees":["employers (every employer in the State outside the federal-jurisdiction exclusions of § 50-9-23)"],"clause":"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.","enforcement":"§ 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))","functions":[],"notes":"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\u0027s 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.","sourceUrl":"https://nmonesource.com/nmos/nmsa/en/4420/1/document.do","snapshot":"","fileExists":true,"fileBytes":1008851,"grade":"primary","character":"workplace_duty","description":"","collection":"DUT-NM","url":"/library/DUT-NM-007","exhibitUrl":"/exhibit/DUT-NM-007","citation":"Legislature of New Mexico (Occupational Health and Safety Act, administered by the Environment Department, Occupational Health and Safety Bureau, under the Environmental Improvement Board), NMSA 1978, Section 50-9-5 (Employer and employee duties), with Section 50-9-24 (Penalties) (standing) (Ex. DUT-NM-007)","stateName":"New Mexico","related":["AGY-ST-LABOR-WORKPLACE-027","AGY-ST-LABOR-WORKPLACE-066","AGY-ST-LABOR-WORKPLACE-068","AGY-ST-LABOR-WORKPLACE-069","DUT-NM-011"]}