The Occupational Health and Safety Act and regulations promulgated under it do not apply to a specific activity of an employer or to a specific occupational health or safety condition of his employees if the specific activity or specific occupational health or safety condition is subject to the jurisdiction of and is regulated by:
A. any federal agency except the United States department of labor acting under the provisions of the Occupational Safety and Health Act of 1970 (84 Stat. 1590); or
B. the board pursuant to the agreement specified in Section 74-3-15 NMSA 1978.
History: 1953 Comp., § 59-14-22, enacted by Laws 1972, ch. 63, § 22; 1983, ch. 19, § 2.
Cross references. — For the federal Occupational Safety and Health Act of 1970, see 29 U.S.C. § 651 et seq.
Accident occurring on federal property within state. — Construction company which was a subcontractor on a federal project failed to show that the federal government had exclusive jurisdiction over the site of the project or that accident site was subject to the federal Occupational Health and Safety Act, rather than the New Mexico Occupational Health and Safety Act. Inca Constr. Co. v. Rogers, 1997-NMCA-056, 123 N.M. 514, 943 P.2d 548.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Who is "employer" for purposes of Occupational Safety and Health Act (29 U.S.C.S. § 651 et seq.), 27 A.L.R. Fed. 943 and 153 A.L.R. Fed. 303.
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