NM Occupational Health & Safety Bureau
Frequently Asked Questions
- What is the Consultation Service all about?
The Consultation program provides safety and industrial hygiene surveys of workplaces, along with evaluation of, and assistance with establishment of safety and health programs. Although the service was established by the same Act that created the Occupational Safety and Health Administration, and the associated enforcement/compliance agencies on the federal and state level, the Consultation Service does not issue fines or penalties. Since the same regulations are covered, the service allows the employer to benefit from the professional assistance, without fines being imposed.
- What does your service cost and who is eligible?
The Occupational Health & Safety Bureau (OHSB) offers consultation services free of charge to New Mexico employers with 250 or less employees on location or 500 statewide. Limited services are available to larger companies. Consultation is offered only at the request of an employer.
- What types of places do you visit?
The extent of the OSHA Act is to protect employees in all places of work. These include machine shops, hospitals, offices, chemical manufacturing plants etc. The consultation program is designed to assist employers (especially small employers) in complying with the requirements of OSHA regulations. We therefore, visit any place of employment that has employees.
- Where does the Consultation Service get its funding?
The program receives funding from both the federal and the state government.
- How long does the consultation process take?
Depending on the size of the company and the scope of the visit, a consultation may take anywhere from one or two hours to a full day. If exposure monitoring is requested or recommended, another day is often scheduled.
- What kinds of things do you look at?
In order to evaluate the systems in place, sufficient information from the employer may be needed. This would include assessing existing safety and health programs, the OSHA 300 logs, accident investigation reports, and a walk-through of the facility to identify potential injury and illness hazards in the workplace.
- Do we have to let you in all areas?
You, the employer make that determination. If you requested a comprehensive survey, the consultant will look at all areas.
- Can it be arranged for both the safety and the industrial hygiene visits to be conducted on the same day?
Visits are scheduled based on the caseload of the consultants. Where the caseloads permit such an arrangement can be made.
- Do I (the employer) have to fix everything you find?
The employer is obligated to correct all serious hazards found by the consultant, within a reasonable time frame. Time extensions are granted for abatement of hazards when needed, if the employer is providing interim protection for employees.
- How are hazards classified as serious & other than serious?
A serious violation results where there is substantial probability that death or serious physical harm could result. An other than serious violation is a hazard that has a direct relationship to job safety and health, but probably would not cause death or serious physical harm.
- How much will it cost to correct/fix the hazards identified?
Usually, it is not prohibitively costly to correct hazards identified by our consultants. However, where cost becomes an overriding consideration or where the employer can show that engineering controls are not feasible the employer may seek a variance from OHSB. In this case the employer must show that a combination of work practices, administrative controls, and personal protective equipment will provide equal or better protection for the employees.
- Do you come back to verify hazard correction?
For regular consultation visits, a statement of assurance of correction for each hazard is usually acceptable. For special program consultations (SHARP) a follow-up visit is usually conducted to verify correction of hazards.
- How do we request an extension of time on corrections?
All extensions have to be requested in writing. The letter should include the reason for the extension, what has been done to date to correct hazards; and if corrections have not been made, the employer must state what interim measures have been taken to protect the employees.
- What is the SHARP Program all about?
SHARP or Safety and Health Achievement Recognition Program is one of our special programs for companies wishing to go the extra mile to establish a fully functional overall safety and health program, in addition to the correction of hazards. SHARP is primarily a recognition program for exemplary companies, but an added incentive for SHARP participants is a one year exemption from OHSB's general schedule inspections.
- Does Sharp keep OHSB enforcement out in all cases?
No, At SHARP sites, OHSB will continue to make inspections in the following situations:
Imminent danger, Fatality/Catastrophe, Complaints and Referral from other government agencies. Follow-up on previously cited violations.
- Where can I get information on establishing written programs (i.e. blood borne pathogen, hazard communication, confined space, etc)?
Many of the safety and health programs are available through the New Mexico Occupational Health & Safety Consultation Program. They are available upon request.
- How do we know which elements of the safety and health program requirements need to be fixed, if it doesn't show up on your report to us?
It is addressed in the safety & health program management section of the report the employer receives. These issues are also discussed by the consultant with the employer.
- Is it necessary to have a written certification of hazard assessment at work sites that do not require (PPE) Personal Protective Equipment for any task?
Yes, according to 1910.132(d)(2), the employer shall verify that the required workplace hazard assessment has been performed through a written certification that identifies the workplace evaluated.
- Can you come to our company and conduct a class or safety meeting?
Onsite training and education by consultants will be based on available resources and the employers request. The training and education will be tailored to the nature of the hazards or potential hazards in each specific workplace. Training in specific areas is also available through private consultants and the New Mexico Workers Compensation Administration or your insurer.
- Can the consultant come back for specific things such as checking new equipment or processes that we bring on line?
Yes, visits for specific purposes can be requested, in addition to regular consultation visits.
- May I call your office anytime to ask questions?
Consultants are available to answer questions between 7-5pm Monday-Friday.
- Can anyone gain access to my report?
No, our files are confidential and are destroyed after 3 years.
- Will a consultation visit lead to an inspection by OSHA compliance? Will your findings be passed on them?
All information is kept confidential. OHSB compliance inspectors cannot discover where we have been and then inspect those companies. The only time enforcement is contacted, is if a company neglects to correct serious hazards beyond time extensions. Then we are obligated to refer those items to enforcement, but only after we have attempted to work with the company.
- What determines when a compliance inspection is going to occur? How do they decide who they are going to visit?
Factors that may trigger a compliance inspections include:Formal complaints by employees or their authorized agents, Fatalities Catastrophe or major incidents History of the company (previous OSHA activity) Referral by other governmental agencies General schedule inspections Special emphasis programs.
- Have you been or will you go to my competitor?
Our service extends to all eligible companies who request it. All information is kept confidential, therefore, no hazards, or processes that may be a trade secret, seen in your facility will be discussed in another place of business.
- Where can I get a copy of the regulations?
The Government Printing Office (GPO) processes all sales and distribution of the CFR. For payment by credit card, call (202) 512-1800, M-F, 8am to 4 pm or fax your order to (202) 512-2250, 24 hours a day. For payment by check, write to the Superintendent of Documents, Attn: New Orders, PO Box 371954, Pittsburgh, PA 15250-7954. Regulations and other material are available on the internet at www.osha.gov.