NM Occupational Health & Safety Bureau

Complaints

The New Mexico Occupational Health and Safety Act assures that employees have the right to work in a safe and healthy environment. Employees or their representatives have the right to file a complaint requesting an inspection if they believe unsafe or unhealthful conditions exist in their workplace.

A complaint can be generated by employees or employee representatives. Complaints from employees and their representatives are taken seriously by New Mexico OSHA.

If you would like to report hazards at your work site to New Mexico OSHA, choose one of the following:

Call (505) 476-8700. Ask for the compliance officer on duty to discuss your complaint
Or Email all pertinent information to robert.genoway@state.nm.us.
Or download the Complaint Form, complete it and then fax it to 505-476-8734 or mail it to the New Mexico OSHA office. Be sure to include your name, address and telephone number so we can contact you.
Or contact our office to receive a copy of the complaint form.

In order to file a complaint or referral, the complainant must provide the location and description of the problem. The following information is also useful:

The name of the company.
The telephone number of the company.
The name of the manager or individual in charge.

The complainant is not obligated to give information such as their name, address, and phone number; however this information is important to the Bureau to ensure that communication is maintained and that issues are resolved. Information of this kind is not revealed to the employer if the complainant chooses confidentiality.

The New Mexico Occupational Health and Safety Act gives employees the right to file complaints about workplace safety and health hazards. Further, the Act gives complainants the right to request that their names not be revealed to their employers. Employees cannot be subjected to any type of discrimination for filing complaints with OSHA. Use this link to find out more information about discrimination.

NIOSH Health Hazard Evaluation Program

In addition to the resources available from OSHA to address workplace health concerns, assistance also is available from the Health Hazard Evaluation (HHE) program of the National Institute for Occupational Safety and Health (NIOSH). Through the HHE program, NIOSH responds to requests for evaluations of workplace health hazards from employers, employees and their representatives, and government agencies.

At no cost to the employer or employees, NIOSH conducts studies of workplaces in response to these requests to learn if workers are exposed to hazardous materials or harmful conditions. Workplace exposures studied include chemicals, biological agents, work stress, noise, radiation, and ergonomics. NIOSH evaluates the workplace environment and the health of employees by reviewing records and conducting on-site environmental and medical testing. Upon completion of the study, NIOSH issues a report that includes recommendations for addressing identified problems, reducing exposure, and preventing disease. HHEs can be especially helpful in the following situations:

1) Employees have an illness from an unknown cause.
2) Employees are exposed to an agent or working condition that is not regulated by OSHA.
3) Employees experience adverse health effects from exposure to a regulated or unregulated agent
or working condition, even though the permissible exposure limit is not being exceeded.
4) Medical or epidemiological investigations are needed to evaluate the hazard.
5) The incidence of a particular disease or injury is higher than expected in a group of employees.
6) The exposure is to a new or previously unrecognized hazard.
7) The hazard seems to result from the combined effects of several agents.

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