At the request of an employer, affected employee, or representative of employees, the chief or the chief's designee, may hold an informal conference for the purpose of discussing any issues raised by an inspection, citation, proposed penalty, proposed petition for modification of abatement date or proposed petition for variance. When the conference is requested by the employer, an affected employee or representative shall be afforded an opportunity to participate, at the discretion of the chief or chief's designee. When the conference is requested by an employee or representative of employees, the employer shall be afforded an opportunity to participate, at the discretion of the chief or chief's designee.

1. A. The request for an informal conference and the informal conference meeting shall not extend or modify in any manner:

   1. (1) an abatement date established in the citation;
   2. (2) the filing deadline for an employer to file a notice of contest;
   3. (3) any other filing deadline related to the citation; or
   4. (4) any matter that is pending before the bureau.
2. B. Once an employer files a notice of contest, a petition for modification of the abatement date, a request for a commission hearing, a petition for variance, or other filing with the commission or department, the informal conference opportunity ends.

3. C. The settlement of any issue at the informal conference shall be subject to the commission's settlement procedural rules set forth in 11.5.5.503 NMAC.

   HISTORY OF 11.5.1 NMAC:

   Pre-NMAC History: The material in this part was derived from that previously filed with the state records center:

   OHSR 73-1, Occupational Health and Safety Regulations, filed 7/31/1973.

   OHSR 75-1, Occupational Health and Safety Regulations, No. 101 thru 109, 200, 300 and 400, filed 9/9/1975.

   EIB/OHSR 100, Occupational Health and Safety Regulation 100, Definitions; Application, filed 4/10/1981.

   EIB/OHSR 100, Occupational Health and Safety Regulation 100, Definitions; Application, filed 1/19/1994.

   EIB/OHSR 100.1, Limitations, filed 12/21/1979.

   EIB/OHSR 100.1, Limitations, filed 1/19/1994.

   EIB/OHSR 101, Occupational Health and Safety Regulation 101, Recordkeeping and Reporting Occupational Injuries and Illnesses, filed 4/10/1981.

   EIB/OHSR 102, Occupational Health and Safety Regulation 102, Posting of Occupational Health and Safety Information Poster, filed 3/27/1981.

   EIB/OHSR 102, Occupational Health and Safety Regulation 102, Posting of Occupational Health and Safety Information Poster, filed 1/19/1994.

   EIB/OHSR 103, Occupational Health and Safety Regulation 103, Petitions for Variances from Safety and Health Regulations, filed 3/27/1981.

   EIB/OHSR 104, Occupational Health and Safety Regulation 104, On-Site Consultative Inspections, filed 3/27/1981.

   EIB/OHSR 104, Occupational Health and Safety Regulation 104, On-Site Consultative Inspections, filed 10/17/1983.

   EIB/OHSR 104, Occupational Health and Safety Regulation 104, On-Site Consultative Inspections, filed 11/9/1984.

   EIB/OHSR 106, Occupational Health and Safety Regulation 106, Inspections; Authority; Objection, filed 3/27/1981.

   EIB/OHSR 106, Occupational Health and Safety Regulation 106, Inspections; Authority; Objection, filed 1/19/1994.

   EIB/OHSR 106.1, Occupational Health and Safety Regulation 106.1, Private Questioning, filed 11/1/1983.

   EIB/OHSR 106.6, Occupational Health and Safety Regulation 106.6, Advance Notice of Inspections, filed 3/27/1981.

   EIB/OHSR 106.7, Occupational Health and Safety Regulation 106.7, Conduct of Inspections; Consultation with Employees, filed 3/27/1981.

   EIB/OHSR 106.7, Occupational Health and Safety Regulation 106.7, Conduct of Inspections; Consultation with Employees, filed 6/15/1981.

   EIB/OHSR 106.7, Occupational Health and Safety Regulation 106.7, Conduct of Inspections; Consultation with Employees, filed 10/17/1983.

   EIB/OHSR 106.8, Occupational Health and Safety Regulation 106.8, Representatives of Employers and Employees; Accompaniment During Inspection, filed 3/27/1981.

   EIB/OHSR 106.9, Occupational Health and Safety Regulation 106.9, Trade Secrets, filed 4/10/1981.

   EIB/OHSR 106.11, Occupational Health and Safety Regulation 106.11, Complaints by Employees; Review Procedures, filed 3/27/1981.

   EIB/OHSR 106.13, Occupational Health and Safety Regulation 106.13, Imminent Danger, filed 4/10/1981.

   EIB/OHSR 106.14, Citations; Notices of De Minimis Violations, filed 12/21/1979.

   OHSR 106.14, Occupational Health and Safety Regulation 106.14, Citations; Notices of De Minimis Violations, filed 3/27/1981.

   EIB/OHSR 106.15, Proposed Penalties, filed 12/21/1979.

   EIB/OHSR 106.16, Posting of Citations, filed 12/21/1979.

   EIB/OHSR 106.18, Failure to Correct a Violation for Which a Citation Has Been Issued, filed 12/21/1979.

   OHSR 106.18, Occupational Health and Safety Regulation 106.18, Failure to Correct a Violation for Which a Citation Has Been Issued, filed 2/7/1983.

   EIB/OHSR 107, Employer and Employee Contests - Informal Administrative Review, filed 12/21/1979.

   EIB/OHSR 107, Occupational Health and Safety Regulation 107, Employer and Employee Contests - Informal Administrative Review, filed 3/19/1987.

   History of Repealed Material:

   OHSR 75-1, Occupational Health and Safety Regulations, filed 9/9/1975 - Repealed 4/26/1995.

   EIB/OHSR 107, Occupational Health and Safety Regulation 107, Employer and Employee Contests - Informal Administrative Review (filed 3/19/1987), repealed 1/19/1994.

   Other History:

   EIB/OHSR 100, Occupational Health and Safety Regulation 100, Definitions; Application (filed 1/19/1994) was renumbered into first version of the New Mexico Administrative Code as 11 NMAC 5.1, Occupational Health and Safety - General Provisions, effective 5/1/1995.

   11 NMAC 5.1, Occupational Health and Safety - General Provisions (filed 4/26/1995); EIB/OHSR 100.1, Limitations, (filed 1/19/1994); EIB/OHSR 101, Occupational Health and Safety Regulation 101, Recordkeeping and Reporting Occupational Injuries and Illnesses (filed 4/10/1981); EIB/OHSR 102, Occupational Health and Safety Regulation 102, Posting of Occupational Health and Safety Information Poster (filed 1/19/1994); EIB/OHSR 103, Occupational Health and Safety Regulation 103, Petitions for Variances from Safety and Health Regulations (filed 3/27/1981); EIB/OHSR 104, Occupational Health and Safety Regulation 104, On-Site Consultative Inspections (filed 11/9/1984); EIB/OHSR 106, Occupational Health and Safety Regulation 106, Inspections; Authority; Objection (filed 1/19/1994); EIB/OHSR 106.1, Occupational Health and Safety Regulation 106.1, Private Questioning (filed 11/1/1983); EIB/OHSR 106.6, Occupational Health and Safety Regulation 106.6, Advance Notice of Inspections (filed 3/27/1981); EIB/OHSR 106.7, Occupational Health and Safety Regulation 106.7, Conduct of Inspections; Consultation with Employees (filed 10/17/1983); EIB/OHSR 106.8, Occupational Health and Safety Regulation 106.8, Representatives of Employers and Employees; Accompaniment During Inspection (filed 3/27/1981); EIB/OHSR 106.9, Occupational Health and Safety Regulation 106.9, Trade Secrets (filed 4/10/1981); EIB/OHSR 106.11, Occupational Health and Safety Regulation 106.11, Complaints by Employees; Review Procedures (filed 3/27/1981); EIB/OHSR 106.13, Occupational Health and Safety Regulation 106.13, Imminent Danger (filed 4/10/1981); OHSR 106.14, Occupational Health and Safety Regulation 106.14, Citations; Notices of De Minimis Violations (filed 3/27/1981); EIB/OHSR 106.15, Proposed Penalties (filed 12/21/1979); EIB/OHSR 106.16, Posting of Citations (filed 12/21/1979); OHSR 106.18, Occupational Health and Safety Regulation 106.18, Failure to Correct a Violation for Which a Citation Has Been Issued (filed 2/7/1983) were all renumbered, reformatted, amended and replaced by 11 NMAC 5.1, Occupational Health and Safety - General Provisions, effective 1/1/1996.

   11 NMAC 5.1, Occupational Health and Safety - General Provisions (filed 10/27/1995) renumbered, reformatted, amended and replaced by 11.5.1 NMAC, Occupational Health and Safety - General Provisions, effective 10/30/2008.

[11.5.1.26 NMAC - N, 10/30/2008]