By Mary Alice Murphy

Derek Ratcliff, Silver City-Grant County Chamber of Commerce board past president introduced George Richards of the New Mexico Occupational Health and Safety Administration (NMOHSA).

"I have forms to request us to inspect your facility for health and safety," Richards said. "We're not the ones who come unannounced and put heavy fines on you. That's the federal OSHA. We come only at your invitation and we recommend how you can make your facility safer, and we do this at no cost to you."

He said the request forms are also available on the New Mexico Environment Department website.

"I go around the state making presentations," Richards continued. "What's my OSHA story? My carpenter dad was a journeyman in Pittsburg. He fell two stories and broke his back. He didn't work for one full year. They wouldn't let him work. When he could go back, they gave him a job in maintenance. He was 41 years old, and he drank himself to death. He was killed by a fall, but it took him 21 years to die. I'm invested in OSHA."

He explained why there is a New Mexico OHSA that is not the federal OSHA. "When President Nixon signed the bill establishing OSHA in 1972, states were allowed to develop their own programs. New Mexico chose to do so. The state developed its own plan."

Richards noted that at the Fort Bayard Medical Center, the veterans' wing is under the federal OSHA, but the rest of the facility is under the NMOHSA.

"The federal OSHA offers zero protection to state employees," Richards said. "We serve the public sector and the private sector. If a business employs fewer than 500 people, it can invite NMOHSA to come in and made recommendations. We call ourselves the good guys. We get invited into businesses. There are 28 state plans and 14 reach all the way into businesses. We still abide by federal standards and regulations, but we have greater depth of who we can reach, because we get invited into work spaces. And we are a health and safety organization to differentiate from the federal OSHA, which is a safety and health organization. We look at general industry, anything that is not construction. We look for hazards to provide health and safety for the workers. We don't write citations; we don't deliver penalties; we don't shut work places down."

He gave a for instance: "Say I'm focused on a walking/working surface, a floor. That's what I will look at, but I can see everything, and I can help you with everything. Our service is free and confidential. After the inspection, we hold a closing conference. The scope of the visit is determined by the employer. I ask how long it will take to fix the problem. We do not do drop-in visits. We are paid by taxpayers and a stipend from the federal OSHA. There are seven of us. While you are under my auspices, you are deferred from compliance with the federal OSHA, unless there is an accident, a death or a formal complaint. If I'm there, your issue will drop to the bottom of the federal OSHA compliance. We have performance goals, but not metrics. 5,200 people have died in the work place over the past 20 years. You want someone like me to prevent that accident. We can look at safety or health or come in and look at everything."

The opening conference, he said, takes place before the inspection. "When we are done, we close up and ask you how long it will take to fix it, and then we have the final closeout after it's done."

"Sometimes we see an imminent danger or safety hazard," Richards said. "Not everything we see is serious. Not everything is put in the report. We participate in cooperative programs, such as SHARP (Safety and Health Achievement Recognition Program) and the Voluntary Protection Program. One employer in the SHARP program with 52 employees achieved national recognition as the only one of his type in the program. He told his workers to sign an agreement for safety in the home. He said he wanted employees to realize their value to the business."

As for the amount of time to fix a problem, "we want a reasonable amount of time. The issue can be deferred for up to one year, but we want to see results in 60 to 90 days, although we can give an extension. When the repair is over, you can ask for a follow up visit. We can also do one intense day of consultation, but it's not training. I'm about long-time relationships with businesses."

A chamber member asked: "What if you go in and the owner doesn't want to fix the issue?"

"I'll keep following up," Richards said. "I get a consultant, often Melissa Barker to deal with the employer. She has the authority to transfer from consultation to compliance enforcement. She will take a list of items identified and put a dollar amount on it to fix it. We have maximum and minimum penalties for willfully refusing to fix a hazard. The cost can be up to $131,871 times the number of violations and hazards times the number of employees exposed to the hazards. The penalties can be reduced if it's a mom-and-pop operation. The consultation is free."

Anyone with 10 employees or fewer does not have to meet all of the OSHA regulations. "It has nothing to do with ADA compliance unless there is a disabled employee. We can look at that."

He said technical assistance without a written agreement is also available by calling him at 575-449-2996.

Ratcliff said he highly recommended businesses to take advantage of the program.

During audience announcement, the Chamber golf tournament is scheduled for Saturday, Aug. 10; the Rolling Stones Gem and Mineral Show will take place Aug. 31-Sept. 2; and the next chamber luncheon will take place Sept. 5.