2019 New Mexico Statutes
Chapter 50 - Employment Law
Article 9 - Occupational Health and Safety
Section 50-9-21 - Civil actions; admissibility as evidence; confidentiality of trade secrets.

A. Nothing in the Occupational Health and Safety Act shall be construed or held to supersede or in any manner affect the Workers' Compensation Act [Chapter 52, Article 1 NMSA 1978] or the New Mexico Occupational Disease Disablement Law [52-3-1 NMSA 1978] or to enlarge or diminish or affect in any other manner the common law or statutory rights, duties or liabilities of employers and employees under the laws of this state with respect to injuries, occupational or other diseases or death of employees arising out of or in the course of employment.

B. Statements, reports and information obtained or received by the department in connection with an investigation under or the administration or enforcement of the provisions of the Occupational Health and Safety Act shall be made available except to the extent privileged by law. Information obtained under the provisions of Subsection B of Section 50-9-6 NMSA 1978 shall remain confidential. The information may be used for statistical purposes if the information revealed is not identified as applicable to any individual employer.

C. All information reported to or otherwise obtained by the secretary or the secretary's authorized representative in connection with any inspection or proceeding under this section which contains or might reveal a trade secret, as defined in Paragraph (2) of this subsection, shall be considered confidential, except that such information may be disclosed to other officers or employees concerned with carrying out the Occupational Health and Safety Act. In any such proceeding, the secretary, the secretary's authorized representative or a court of competent jurisdiction, as the case may be, shall issue such orders as may be appropriate to protect the confidentiality of trade secrets.

(1) It is unlawful for any employee of the agency to reveal to any individual other than another employee of the department the trade secrets of any employer except in response to an order of a district court, the court of appeals, the supreme court or a federal court in an action to which the state is a party and in which the information sought is material to the inquiry.

(2) For the purposes of this subsection, "trade secrets" means the whole or any portion or phrase of any scientific or technical information, design, process, procedure, formula or improvement which is secret and of value. A trade secret shall be presumed to be secret when the owner takes measures to prevent it from becoming available to persons other than those selected by the owner to have access for limited purposes.

History: 1953 Comp., § 59-14-20, enacted by Laws 1972, ch. 63, § 20; 1975, ch. 290, § 13; 1983, ch. 49, § 2; 1984, ch. 80, § 2; 1993, ch. 322, § 19.

The 1993 amendment, effective April 8, 1993, substituted "department" for "agency" in Subsection B and Paragraph (1) of Subsection C; substituted "secretary" for "director" in two places in the introductory paragraph of Subsection C; and made minor stylistic changes in Subsections A and C.

Regulations do not affect employer's liability under Workers' Compensation Act. — Regulations adopted under the authority of the state Occupational Health and Safety Act do not affect an employer's liability under the Workers' Compensation Act, and safety devices required by such regulations are not required by law for purposes of Section 52-1-10B NMSA 1978. Casillas v. S.W.I.G., 1981-NMCA-045, 96 N.M. 84, 628 P.2d 329, cert. denied, 96 N.M. 116, 628 P.2d 686, and appeal dismissed, 454 U.S. 934, 102 S. Ct. 467, 70 L. Ed. 2d 242 (1981).

OSHA violations as evidence of negligence. — Occupational Safety and Health Act violations do not constitute a basis for assigning negligence as a matter of law, but evidence of such violations can be considered in determining the required standard of care. Valdez v. Cillessen & Son Inc., 1987-NMSC-015, 105 N.M. 575, 734 P.2d 1258.

Modification of benefits using OSHA regulations precluded. — The use of OSHA regulations to modify an employee's workers' compensation benefits is clearly precluded under Subsection A. Bateman v. Springer Bldg. Materials Corp., 1989-NMCA-039, 108 N.M. 655, 777 P.2d 383, cert. denied, 108 N.M. 681, 777 P.2d 1325.

Law reviews. — For annual survey of New Mexico law relating to workers' compensation, see 13 N.M.L. Rev. 495 (1983).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws §§ 131, 132, 137.

Employer's tort liability to worker for concealing workplace hazard or nature or extent of injury, 9 A.L.R.4th 778.

Liability of labor union for injury or death allegedly resulting from unsafe working conditions, 14 A.L.R.4th 1161.

What constitutes "trade secrets and commercial or financial information obtained from person and privileged or confidential", exempt from disclosure under Freedom of Information Act (5 USCS § 552 (b)(4)) (FOIA), 139 A.L.R. Fed. 225.