['Hazard Communication']
['Hazard Communication']
07/22/2024
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New Mexico incorporates by reference the federal regulations for hazard communication (HazCom), however, the state adds further requirements.
Click on the following links to view the state and federal regulations:
Citations
New Mexico: 11 NMAC 5.2 Occupational Health and Safety—General Industry
11 NMAC 5.2.9 Incorporated federal standards New Mexico Statutes, Chapter 50, Article 9, Section 5.1 Employer duties; hazardous chemicals, Article 9-5.1, Employer duties; hazardous chemicals
Federal: 29 CFR 1910.1200 and Appendices A through E
A summary of the additional requirements includes the following:
- 29 CFR 1910.1200(g)(9) is amended to read: Where employees must travel between workplaces during a workshift, i.e., their work is carried out at more than one geographical location, the material safety data sheets may be kept at a central location at the primary workplace facility. In this situation, the employer shall ensure that employees can immediately obtain the required information in an emergency. The information shall be readily accessible by telephone, two-way communication, computer or actual copies of the material safety data sheets.
- The introductory paragraph to 29 CFR 1910.1200(h) is amended to read: Employee information and training. (1) Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new physical or health hazard the employees have not been trained about is introduced to their work area, with the exception that a new employee shall be deemed to have been trained provided the employer can demonstrate the employee has received training regarding the same hazards within the past twelve months. Information and training may be designed to cover categories of hazards (e.g. flammability, carcinogenicity or specific chemicals). Chemical-specific information must always be available through labels and material safety data sheets.
- The requirement to “provide employees with information and training on hazardous chemicals they use or may become exposed to during the course of employment” does not apply to any hazardous chemical received by an employer in a sealed package or container and subsequently sold or transferred if the seal is maintained, according to the New Mexico statutes.
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Copyright 2024 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.