![]() ![]() You can call our office to discuss your concerns, but a submitted complaint must be signed to be valid. Discrimination complaints that fall under the NM OHS Act must be filed with the State OSHA Program within 30 days of the discrimination action. If you believe your employer has treated you differently because you exercised your safety and health rights, contact New Mexico OSHA. “Good Faith” means that even if an imminent danger is not found to exist, the worker had reasonable grounds to believe it did exist. However, employees have the right to refuse to do a job if they believe in good faith that they may be exposed to an imminent danger. (Your union contract or other state law may, however, give you this right, but OSHA cannot enforce it) Refusing to work may result in disciplinary action by your employer. Refusing to do a job because of potentially unsafe workplace conditions is not ordinarily an employee right under the NM OHS Act. Some examples of discrimination are firing, demotion, transfer, layoff, losing opportunity for overtime or promotion, exclusion from normal overtime work, assignment to an undesirable shift, denial of benefits such as sick leave or vacation time, blacklisting with other employers, taking away company housing, damaging credit at banks or credit unions and reducing pay or hours. State and local government workers also have the right to file a complaint of employer discrimination in New Mexico. Federal OSHA is responsible for enforcing whistle blower protection under twenty other Federal laws. Section 50-9-25 of the New Mexico Occupational Health and Safety Act authorizes OSHA to investigate employee complaints of employer discrimination against those who are involved in safety and health activities. Workers have the right to complain to OSHA or their employer if they believe they are working in an unsafe environment, and can seek an OSHA inspection. Occupational Health & Safety Bureau Homeĭiscriminating Against Employees Who Exercise Their Safety and Health Rights is Illegal.
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