2020 New Mexico Statutes
Chapter 50 - Employment Law
Article 9 - Occupational Health and Safety
Section 50-9-5 - Employer and employee duties.

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. The regulations shall provide for the adoption of practices, means, methods, operations, conditions and processes in order to provide safe and healthful employment and places of employment.

C. Each employer shall, through posting of notices at the place or places where notices to employees are normally posted or other appropriate means, keep his employees informed of their protections and obligations under the Occupational Health and Safety Act, including provisions of applicable regulations.

D. Each employee shall comply with the provisions of the Occupational Health and Safety Act and any rules and orders promulgated pursuant thereto which are applicable to his own actions and conduct in the course of his employment.

History: 1953 Comp., § 59-14-5, enacted by Laws 1972, ch. 63, § 5; 1975, ch. 290, § 3.

Additional civil actions not allowed. — Nowhere in the Occupational Health and Safety Act or in its legislative history can be found any indication that the legislature intended to allow additional civil actions instituted by aggrieved employees injured through violations of OSHA standards. Arvas v. Feather's Jewelers, 1978-NMCA-075, 92 N.M. 89, 582 P.2d 1302.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws §§ 34, 131.

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

Employer's liability for injury to babysitter in home or similar premises, 29 A.L.R.4th 304.

Liability of employer with regard to inherently dangerous work for injuries to employees of independent contractor, 34 A.L.R.4th 914.

Employer's liability to employee for failure to provide work environment free from tobacco smoke, 63 A.L.R.4th 1021.