New Mexico
Register / Volume XXXVI, Issue 8 / April 22, 2025
EIB 25-11(R)
The New Mexico Environmental Improvement Board (“Board”) will hold a public hearing beginning on July 16, 2025, at 9:00 a.m. to
consider EIB 25-11(R) - In the Matter of Proposed New Regulation 11.5.7 NMAC –
Heat Illness and Injury Prevention. The
hearing will last as long as required to hear all
testimony, evidence, and public comment, and is expected to last approximately
two days. The Board may make a decision on the
proposed Heat Illness and Injury rule at the conclusion of the hearing, or the
Board may convene a meeting after the hearing to consider action on the
proposal.
The hearing will be
conducted in a hybrid format to allow for both in-person and virtual
participation. The in-person hearing will be held at the New Mexico State
Capitol Building (Roundhouse), 490 Old Santa Fe Trail, Santa Fe, New Mexico
87507. Detailed information concerning
the time and location and instructions on how to join the hearing virtually is
available on the New Mexico Environment Department (“NMED”) events calendar at https://www.env.nm.gov/events-calendar/, under
the calendar entry corresponding to the hearing start date. From now until the conclusion of the
hearing, comments may be submitted via the NMED public comment portal at
https://nmed.commentinput.com/?id=4PbpDC9rG or via email to
heatrule.comments@env.nm.gov or in paper format by mailing comments to
NMED-OHSB, Attn: Heat Illness and Injury Prevention, P.O. Box 5469, Santa Fe,
NM, 87502.
The purpose of the public
hearing is for the Board to consider and take possible action on a petition by
NMED requesting the Board to adopt a proposed occupational health and safety
regulation concerning the prevention of heat illness and injury. The proposed
regulation adds 11.5.7 NMAC, Heat Illness and Injury Prevention.
The proposed rule will set
forth standards for New Mexico employers to prevent injury or illness to
workers from exposure to high heat environments in the workplace. These
standards include implementing a Heat Illness and Injury and Prevention Plan
(HIPP), taking time to acclimate workers to hot environments, providing access
to clean, cool drinking water throughout the workday, and mandating frequent
rest periods in the shade. This regulation is
part of a broader state effort to address worker health and safety in
the state through the Occupational Health and Safety Act.
The Petition, Statement
of Reasons, Amended Rule, and related documents may be viewed on NMED’s
docketed matters website under the Environmental Improvement Board dropdown
menu, in the section for EIB 25- 11(R) - In the Matter of Proposed Rulemaking 11.5.7
NMAC – Heat Illness and Injury Prevention. NMED’s docketed matters website is
at https://www.env.nm.gov/opf/docketed-matters/. Additional information is available on NMED’s Occupational
Health and Safety Bureau webpage at https://www.env.nm.gov/occupational_health_safety/heat-illness-and-injury-prevention/. Paper copies of the petition, the
statement of reasons, and the proposed rule are available at all NMED’s offices
statewide. Interested persons
may contact Kristy Peck at (505) 476-8712 or Robert
Genoway at (505) 470-7627 or Heatrule.Comments@env.nm.gov with
questions.
The hearing will
be conducted in accordance with the Board’s rulemaking procedures at 20.1.1
NMAC; the Environmental Improvement Act, Section 74-1-9 NMSA 1978; the Occupational
Health and Safety Act, Section 50-9-7 NMSA 1978; and other applicable
procedures. The Board is authorized to adopt this rule pursuant to the
Occupational Health and Safety Act, NMSA 1978, Sections 50-9-7 and 50-9-12 and the
Environmental Improvement Act, NMSA 1978, Section 74-1-8-(A)(9).
All interested persons will be given a reasonable opportunity at the
hearing to submit relevant evidence, data, views, and arguments, orally and in
writing; to introduce exhibits; and to examine witnesses. Persons wishing to
present technical testimony must file a written Notice of Intent to Present
Technical Testimony (“NOI”) with the Board. The NOI shall: (1) identify the
person for whom the witness(es) will testify; (2) identify each technical
witness the person intends to present and state the qualifications of that
witness, including a description of their educational and work background; (3)
if the hearing will be conducted at multiple locations, indicate the location
or locations at which the witnesses will be present; (4) include a copy of the
direct testimony of each technical witness in narrative form; (5) include the
text of any recommended modifications to the proposed regulatory change; and
(6) list and attach all exhibits anticipated to be offered by that person at
the hearing, including any proposed statement of reasons for adoption of rules.
Notices of Intent
to present technical testimony at the hearing must be received in the Office of
the Board not later than 5:00 p.m. on June 26, 2025, and should reference the
docket number, EIB-25-11(R) and the date of the hearing. Notices of intent to
present technical testimony shall be submitted to: Pamela Jones, Board
Administrator, Environmental Improvement Board, P.O. Box 5496, Santa Fe, NM
87502, email: pamela.jones@env.nm.gov.
Any member of the general public may testify at the hearing. No prior
notification is required to present nontechnical testimony at the hearing. Any
such member may also offer non-technical exhibits in connection with their
testimony, so long as the exhibit is not unduly repetitious of the testimony. A
member of the general public who wishes to submit a
written statement for the record, in lieu of providing oral testimony at the
hearing, shall file the written statement prior to the hearing or submit it at the
hearing.
Persons requiring
language interpretation services or having a disability who need a reader,
amplifier, qualified sign language interpreter, or any other form of auxiliary
aid or service to attend or participate in the hearing should contact Pamela
Jones at least 14 days prior to the hearing or as soon as possible at (505)
660-4305 or pamela.jones@env.nm.gov. TDD or TDY users please dial 7-1-1 or
800-659-8331 to access this number via Relay New Mexico.
NMED does not
discriminate on the basis of race, color, national
origin, disability, age or sex in the administration of its programs or
activities, as required by applicable laws and regulations. NMED is responsible
for coordination of compliance efforts and receipt of inquiries concerning non-discrimination
requirements implemented by 40 C.F.R. Parts 5 and 7, including Title VI of the
Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of
1973; the Age Discrimination Act of 1975, Title IX of the Education Amendments
of 1972, and Section 13 of the Federal Water Pollution Control Act Amendments
of 1972. If you have any questions about this notice or any of NMED’s
non-discrimination programs, policies or procedures, you may contact Kate
Cardenas, Non-Discrimination Coordinator, New Mexico Environment Department,
1190 St. Francis Dr., Suite N4050, P.O. Box 5469, Santa Fe, NM 87502, (505)
827-2855, nd.coordinator@env.nm.gov.
If you believe
that you have been discriminated against with respect to a
NMED program or activity, you may contact the Non-Discrimination
Coordinator identified above or visit
https://www.env.nm.gov/non-employeediscrimination-complaint-page/ to learn how
and where to file a complaint of discrimination.