Under 1952.20(a), when did the New Mexico State Plan receive initial federal approval?
The New Mexico State Plan received initial approval on December 10, 1975. See 1952.20(a).
OSHA 1952.20
New Mexico State Plan details
Questions & Answers
Under 1952.20(b), what does the text say about an operational status agreement between OSHA and New Mexico?
The text states that OSHA entered into an operational status agreement with New Mexico. See 1952.20(b).
Under 1952.20(c), why were compliance staffing benchmarks required for state plans like New Mexico's?
Compliance staffing benchmarks were required based on the 1978 Court Order in AFL-CIO v. Marshall, which required staffing levels necessary for a "fully effective" enforcement program for each State operating an approved State plan. See 1952.20(c).
Under 1952.20(c), what revised staffing benchmarks were approved for New Mexico and when were they approved?
The revised benchmarks approved for New Mexico were 7 safety and 3 health compliance officers, and the Assistant Secretary approved these revised staffing requirements on August 11, 1994. See 1952.20(c).
Under 1952.20(c), who completed the 1992 reassessment of New Mexico's staffing levels and what was the process before approval?
New Mexico completed the May 1992 reassessment in conjunction with OSHA, proposed revised benchmarks, provided opportunity for public comment and service on the AFL-CIO, and then the Assistant Secretary approved the revisions on August 11, 1994. See 1952.20(c).
Under 1952.20(d), which employers and employees does the New Mexico State Plan cover?
The New Mexico Plan covers all private-sector employers and employees (with several notable exceptions), and it also covers State and local government employers and employees within the State. For current details and the specific exceptions, consult 1952.20(d).
Under 1952.20(d), where can I find current information on the exceptions and more details about New Mexico's plan?
For current information on exceptions and additional plan details, the section directs users to the New Mexico State Plan page; see 1952.20(d).
Under the Bloodborne Pathogens LOI (2007-07-30), does OSHA generally consider routine contact with diluted raw sewage in wastewater treatment plants covered by the Bloodborne Pathogens Standard (29 CFR 1910.1030)?
No — OSHA generally does not consider routine contact with diluted raw sewage or wastewater to be covered by the Bloodborne Pathogens Standard unless there is blood or other potentially infectious material (OPIM) present or reasonably anticipated. The LOI explains that urine, feces, and typical human wastes in sewage are not OPIM unless visibly contaminated with blood; see the Bloodborne pathogens in wastewater LOI (2007-07-30).
Under the Bloodborne Pathogens LOI (2007-07-30), who is responsible for deciding whether employees in a wastewater facility have occupational exposure to blood or OPIM?
The employer is responsible for evaluating job classifications and tasks to determine whether employees have reasonably anticipated contact with blood or OPIM. The LOI specifically states employers must evaluate tasks per the Bloodborne Pathogens Standard; see Bloodborne pathogens in wastewater LOI (2007-07-30).
Under the Bloodborne Pathogens LOI (2007-07-30), when must wastewater employees be offered hepatitis B vaccination?
Employees must be offered hepatitis B vaccination if their job duties involve occupational exposure to blood or OPIM, such as staff who provide first aid or clinical services or employees who reasonably may contact used hypodermic needles; see Bloodborne pathogens in wastewater LOI (2007-07-30).
Under the Spray Booth Standards LOI (2004-08-12), can a small power-ventilated structure used for paint overspray meet OSHA's definition of a spray booth?
Yes — a small-capacity power-ventilated structure used to capture paint overspray can meet OSHA's definition of a spray booth when it matches the characteristics described in the LOI; see Spray booth standards inquiry LOI (2004-08-12).
Under the Spray Booth Standards LOI (2004-08-12), are spray booths and their ductwork required to have automatic sprinklers?
Yes — if a structure meets OSHA's definition of a spray booth, it is required to be equipped with approved automatic sprinklers on the upstream and downstream sides of the filters as discussed in the LOI and applicable OSHA requirements; see Spray booth standards inquiry LOI (2004-08-12).
Under the Spray Booth Standards LOI (2004-08-12), can a dry chemical or CO2 extinguishing system be used instead of an automatic sprinkler system for a spray booth?
Yes — a properly installed dry chemical extinguishing system or a carbon dioxide system that meets OSHA requirements may be used in place of an automatic sprinkler system, per the LOI guidance referencing OSHA fire protection provisions; see Spray booth standards inquiry LOI (2004-08-12).
Under the Spray Booth Standards LOI (2004-08-12), what OSHA rules apply to the storage room for flammable paint used with a spray booth?
The storage of flammable materials for a spray booth must comply with OSHA's flammable and combustible liquids requirements (e.g., design and construction of inside storage rooms) as explained in the LOI; see Spray booth standards inquiry LOI (2004-08-12).
Under the Spray Booth Standards LOI (2004-08-12), does OSHA automatically adopt NFPA 33 as an OSHA standard?
No — OSHA does not automatically adopt NFPA 33 or other consensus standards; OSHA standards apply (such as the requirements referenced in the LOI), and adoption of consensus standards would require OSHA rulemaking. See Spray booth standards inquiry LOI (2004-08-12).