Sewer manhole

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The term "sewer" as used herein shall mean any underground conduit composed of metal, concrete, clay, vitreous or other materials designed for the flowage of water or any waste product or products (including, without being limited to, storm sewers and sanitary sewers), and shall include any and all junction boxes, manholes and gutters and other appurtenances constituting any part of the sewer or of a sewer system. The term "apparatus to detect the presence of any flammable gas or vapor", as used herein, shall mean any of the standard devices commercially available designed to detect, by the principle of the wheatstone bridge or other recognized technique, the presence in the atmosphere of flammable gas or vapor. History: 1953 Comp., § 12-10-5, enacted by Laws 1959, ch. 175, § 5. ## 50-10-6. [Penalties for violation.] Any person, firm or corporation violating this act [50-10-1 to 50-10-6 NMSA 1978] shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), or by imprisonment from one day to ten days, or by both such fine and imprisonment, and each day of violation shall constitute a separate offense. History: 1953 Comp., § 12-10-6, enacted by Laws 1959, ch. 175, § 6. ## ARTICLE 11 Employee Privacy ## 50-11-1. Short title. This act [50-11-1 to 50-11-6 NMSA 1978] may be cited as the "Employee Privacy Act". History: Laws 1991, ch. 244, § 1. ## ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. What is "record" within meaning of Privacy Act of 1974 (5 USCS § 552a), 121 A.L.R. Fed. 465. What is agency subject to Privacy Act Provisions (5 USCA § 552a), 150 A.L.R. Fed. 521. ## 50-11-2. Definitions. As used in the Employee Privacy Act:

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## S-15.1 REG 10 ## OCCUPATIONAL HEALTH AND SAFETY, 2020 - (2) An employer or contractor shall not require or permit a worker: - (a) to enter the belled area of an excavated shaft unless the worker is protected by a temporary protective structure that is designed by a professional engineer and constructed, installed, used, maintained and dismantled in accordance with that design; or - (b) to remain in a belled area of an excavated shaft if the worker may be exposed to falling materials. - (3) An employer or contractor shall ensure that the worker precedes or accompanies each load of excavated material to the surface. 31 Dec 2020 c S-15.1 Reg 10 s17-9. ## PART 18 ## Confined Space Entry Definitions for Part 18-1 In this Part: 'confined space' means an enclosed or partially enclosed space that: - (a) is not primarily designed or intended for human occupancy, except for the purpose of performing work; and - (b) has restricted means of entrance and exit; 'hazardous confined space' means a confined space that is or may become hazardous to a worker entering the confined space due to: - (a) the design, construction or atmosphere of the confined space; - (b) the materials or substances in the confined space; - (c) the work activities or processes used in the confined space; or - (d) any other conditions relating to the confined space; 'isolate' means to physically interrupt or disconnect pipes, lines and sources of energy from a confined space. 31 Dec 2020 c S-15.1 Reg 10 s18-1. ## Identification of confined spaces, hazards, etc. 18-2 If a worker may be required or permitted to work in a confined space, an employer, in consultation with the committee, shall identify: - (a) types of confined spaces at the place of employment that a worker may be required or permitted to enter; - (b) types of hazards that are or may be present at each confined space;

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After-acquired evidence of employee's misconduct as barring or limiting recovery in action for wrongful discharge, 34 A.L.R.5th 699. Excessiveness or adequacy of damages for wrongful termination of at-will employee under state law, 86 A.L.R.5th 397. Who are "public employers" or "public employees" within the meaning of state whistleblower protection acts, 90 A.L.R.5th 687. Common law retaliatory discharge of employee for refusing to perform or participate in unlawful or wrongful acts, 104 A.L.R.5th 1. Common law retaliatory discharge of employee for disclosing unlawful acts or other misconduct of employer or fellow employees, 105 A.L.R.5th 351. Federal pre-emption of whistleblower's state-law action for wrongful retaliation, 99 A.L.R. Fed. 775. What constitutes appropriate relief for retaliatory discharge under § 11(c) of Occupational Safety and Health Act (OSHA) (29 USCS § 660(c)), 134 A.L.R. Fed. 629. ## ARTICLE 10 Sewer Gas ## 50-10-1. [Permitting entry into sewer line without testing atmosphere unlawful; detection of flammable gas or vapor; entry without adequate ventilation unlawful.] It shall be unlawful for any person, firm or corporation to require, authorize or knowingly permit any person in the employ or subject to the control of such person, firm or corporation, to enter through a manhole or otherwise into any sewer in this state, whether the same is in service or under construction, without first testing the atmosphere in said sewer at the place or places of entry by use of apparatus to detect the presence of any flammable gas or vapor; and in the event the presence of any flammable gas or vapor is so detected, it shall be unlawful for any such person, firm or corporation to require, authorize or knowingly permit any such employee or controlled person to enter into said sewer unless and until the same has been, at the intended place or places of entry, adequately ventilated and made safe from the hazards of fire and explosion. History: 1953 Com…

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<!-- image --> Division 2 Oregon Administrative Rules Oregon Occupational Safety and Health Division - (9) Any step bolt that is bent more than 15 degrees from the perpendicular in any direction is removed and replaced with a step bolt that meets the requirements of this section before an employee uses it. - (b) Manhole steps. - (1) The employer must ensure that each manhole step is capable of supporting its maximum intended load. - (2) The employer must ensure that each manhole step installed on or after January 17, 2017: Note to 1910.24(b)(2): The above referenced date does not apply in Oregon. Instead, in accordance with OAR [redacted phone](2)(d), the Oregon delayed effective date is January 1, 2018. - (i) Has a corrugated, knurled, dimpled, or other surface that minimizes the possibility of an employee slipping; - (ii) Is constructed of, or coated with, material that protects against corrosion if the manhole step is located in an environment where corrosion may occur; - (iii) Has a minimum clear step width of 10 inches (25 cm); - (iv) Is uniformly spaced at a vertical distance not more than 16 inches (41cm) apart, measured center to center between steps. The spacing from the entry and exit surface to the first manhole step may differ from the spacing between the other steps. - (v) Has a minimum perpendicular distance between the centerline of the manhole step to the nearest permanent object in back of the step of at least 4.5 inches (11 cm); and - (vi) Is designed, constructed, and maintained to prevent the employee's foot from slipping or sliding off the end. - (3) The employer must ensure that each manhole step is inspected at the start of the work shift and maintained in accordance with § 1910.22. Stat. Auth.: ORS 654.025(2) and 656.726(4). Stats. Implemented: ORS 654.001 through 654.295. Hist: OR-OSHA Admin. Order 2-2017, f. 5/16/17, ef. 11/1/17.

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Division 2 AO 6-2017 Oregon Occupational Safety and Health Division - (i) Metal measuring tapes, metal measuring ropes, or tapes containing conductive strands may not be used when working near exposed energized parts. - (ii) Where it is necessary to measure clearances from energized parts, only non-conductive devices shall be used. - (o) Underground lines. The provisions of this paragraph apply to the guarding of manholes and street openings, and to the ventilation and testing for gas in manholes and unvented vaults, where telecommunications field work is performed on or with underground lines. - (1) Guarding manholes and street openings. - (i) When covers of manholes or vaults are removed, the opening shall be promptly guarded by a railing, temporary cover, or other suitable temporary barrier which is appropriate to prevent an accidental fall through the opening and to protect employees working in the manhole from foreign objects entering the manhole. - (ii) While work is being performed in the manhole, a person with basic first aid training shall be immediately available to render assistance if there is cause for believing that a safety hazard exists, and if the requirements contained in paragraphs (d)(1) and (o)(1)(i) of this section do not adequately protect the employee(s). Examples of manhole work site hazards which shall be considered to constitute a safety hazard include, but are not limited to: - (A) Manhole work sites where safety hazards are created by traffic patterns that cannot be corrected by provisions of paragraph (d)(1) of this section. - (B) Manhole work sites that are subject to unusual water hazards that cannot be abated by conventional means. - (C) Manhole work sites that are occupied jointly with power utilities as described in paragraph (o)(3) of this section. - (2) Requirements prior to entering manholes and unvented vaults. - (i) Before an employee enters a manhole, the following steps shall be taken: - (A) The internal atmosphere shall …

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Am. Jur. 2d, A.L.R. and C.J.S. references. 61 Am. Jur. 2d Plant and Job Safety OSHA and State Laws § 135 et seq. ## 50-10-2. [Testing atmosphere in sewer line; time and frequency.] The requirements of Section 1 [50-10-1 NMSA 1978] shall be followed at the beginning of every workday, and also at the resumption of work following each meal period and also at the beginning of each shift in the event more than one shift per day is used; provided that such requirements need not be followed more often than once each four hours. History: 1953 Comp., § 12-10-2, enacted by Laws 1959, ch. 175, § 2. ## 50-10-3. [Detection of flammable gas or vapor; danger suspected; entry without cautioning against use of exposed flame or creation of electrical spark unlawful.] In the event that the presence of flammable gas or vapor is detected in any sewer, or there exists reasonable ground for suspecting the danger therein of any such gas or vapor, then it shall be unlawful, irrespective of compliance with Section 1 [50-10-1 NMSA 1978] above, for any person, firm or corporation to require, authorize or knowingly permit any such employee or controlled person to enter into said sewer, through a manhole or otherwise, without first cautioning such employee or controlled person against using any exposed flame or creating any electrical spark while in or about the said sewer. History: 1953 Comp., § 12-10-3, enacted by Laws 1959, ch. 175, § 3. ## 50-10-4. [Safety measures and devices; duty of employer to supply.] Nothing herein shall be construed to relieve any person, firm or corporation requiring, authorizing or knowingly permitting a person in the employ or subject to the control of such person, firm or corporation, to enter into or remain in a sewer in this state from any duty of taking or supplying proper and reasonable safety measures, practices and devices during the time or times that its said employee or other controlled person shall be in such sewer, to the end that no dangerous c…

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Oregon Occupational Safety and Health Division Division 2 - (B) When unsafe conditions are detected by testing or other means, the work area shall be ventilated and otherwise made safe before entry. - (ii) An adequate continuous supply of air shall be provided while work is performed in manholes under any of the following conditions: - (A) Where combustible or explosive gas vapors have been initially detected and subsequently reduced to a safe level by ventilation, - (B) Where organic solvents are used in the work procedure, - (C) Where open flame torches are used in the work procedure, - (D) Where the manhole is located in that portion of a public right of way open to vehicular traffic and/or exposed to a seepage of gas or gases, or - (E) Where a toxic gas or oxygen deficiency is found. (iii) - (A) The requirements of paragraphs (o)(2)(i) and (ii) of this section do not apply to work in central office cable vaults that are adequately ventilated. - (B) The requirements of paragraphs (o)(2)(i) and (ii) of this section apply to work in unvented vaults. - (3) Joint power and telecommunication manholes. While work is being performed in a manhole occupied jointly by an electric utility and a telecommunication utility, an employee with basic first aid training shall be available in the immediate vicinity to render emergency assistance as may be required. The employee whose presence is required in the immediate vicinity for the purposes of rendering emergency assistance is not to be precluded from occasionally entering a manhole to provide assistance other than in an emergency. The requirement of this paragraph (o)(3) does not preclude a qualified employee, working alone, from entering for brief periods of time, a manhole where energized cables or equipment are in service, for the purpose of inspection, housekeeping, taking readings, or similar work if such work can be performed safely. - (4) Ladders. Ladders shall be used to enter and exit manholes exceeding 4 feet in…