Section 50-9-23 - Limitation on applicability of the act to certain employers and their employees.

50-9-23. Limitation on applicability of the act to certain employers and their employees.

The Occupational Health and Safety Act [50-9-1 NMSA 1978] 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.