OSHA state plan — coverage and jurisdiction
New Mexico operates an OSHA-approved state plan (initially approved December 10, 1975) that covers most private-sector employers and employees, as well as all state and local government employers and employees. The New Mexico Occupational Health and Safety Bureau (OSHB), part of the New Mexico Environment Department, administers the plan. Federal OSHA retains jurisdiction over maritime employment (shipyard, marine terminals, longshoring), U.S. Postal Service contract workers and facilities, employment on military facilities and bases (including Kirtland AFB, Holloman AFB, White Sands, and others), and tribal or private-sector employment on Indian reservations. NM OSHA has adopted all federal OSHA standards by reference; the state and federal standards are therefore identical, though NM OSHA has adopted certain unique state-specific standards.
Severe injury and fatality reporting — 8-hour and 24-hour deadlines
New Mexico OSHA requires all employers under its jurisdiction — regardless of industry classification or number of employees — to report work-related fatalities and severe injuries directly to the agency within strict timeframes. As an OSHA-approved state plan, New Mexico has adopted the federal recordkeeping and reporting standards by reference, including the severe injury reporting rule at 29 C.F.R. § 1904.39. The New Mexico Environment Department confirms that as of January 1, 2016, all employers under NM-OSHA jurisdiction must report all work-related fatalities within 8 hours and all work-related in-patient hospitalizations, amputations, and losses of an eye within 24 hours.
Reporting deadlines
Employers must report:
- Fatalities within 8 hours of the death, if the death occurs within 30 days of the work-related incident.
- In-patient hospitalizations, amputations, or losses of an eye within 24 hours of the event, if the event occurs within 24 hours of the work-related incident.
The clock starts when the employer learns of the outcome. If the employer does not learn immediately that the fatality, hospitalization, amputation, or eye loss was the result of a work-related incident, the reporting window begins when the employer or any agent of the employer learns it was work-related: 8 hours for a fatality, 24 hours for the other severe injuries.
Definitions
Under the federal standard New Mexico has adopted, in-patient hospitalization means a formal admission to the in-patient service of a hospital or clinic for care or treatment. Treatment in an emergency room only is not reportable, nor is hospitalization solely for observation or diagnostic testing.
Amputation means the traumatic loss of all or part of a limb or other external body part, including fingertip amputations with or without bone loss, medical amputations resulting from irreparable damage, and amputations of body parts that have since been reattached.
Exceptions
Under 29 C.F.R. § 1904.39, employers are not required to report if the incident:
- Resulted from a motor vehicle accident on a public street or highway, except in a construction work zone;
- Occurred on a commercial or public transportation system (airplane, train, subway, or bus); or
- Involved hospitalization solely for diagnostic testing or observation.
How to report
Employers have three options for reporting under the federal regulation New Mexico has adopted:
- By telephone to the OSHA 24-hour hotline at 1-800-321-6742 (available any time);
- By telephone to the nearest OSHA Area Office during normal business hours; or
- Electronically through OSHA's online reporting portal.
Employers must be prepared to provide the business name, names of affected employees, location and time of the incident, a brief description, and a contact person with phone number.
Applies to all employers
The severe injury reporting requirement applies to all employers under New Mexico OSHA jurisdiction, including those exempt from routine recordkeeping under 29 C.F.R. § 1904.1 (employers with 10 or fewer employees and certain low-hazard industries). Although a small employer may not be required to maintain OSHA 300 logs, it must still report fatalities and severe injuries within the mandated windows.
Source: New Mexico Environment Department — Injury Tracking Application | 29 C.F.R. § 1904.39