This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
Inca Construction Company, Inc. (Inca), a subcontractor on a Bureau of Reclamation (BOR) project near Brantley Dam in New Mexico, was involved in grading and earthmoving work. On March 28, 1994, a bulldozer operator employed by Inca struck a gas line, causing an explosion that resulted in the operator's death. Investigations were conducted by both the United States Department of Labor (USDOL) and the New Mexico Environment Department (the Department), which subsequently cited Inca for violations of the New Mexico Occupational Health and Safety Act (NMOHSA) (paras 1-2).
Procedural History
- District Court, Bernalillo County: Denied Inca's petition to enjoin the Department from enforcing NMOHSA and the New Mexico Occupational Health and Safety Review Commission from holding a hearing on the Department's complaint (headnotes, para 1).
Parties' Submissions
- Appellant (Inca Construction Company, Inc.): Argued that the Department lacked jurisdiction to issue citations under NMOHSA because (1) BOR regulated its employee health and safety practices, (2) the project site was under exclusive federal jurisdiction, and (3) the Department lost authority to enforce NMOHSA after being denied access to the site (paras 3, 19).
- Respondents (New Mexico Environment Department and others): Asserted that the Department had jurisdiction to enforce NMOHSA, as New Mexico's approved state plan preempted federal standards, and that the Department lawfully gained access to the site (paras 2, 21).
Legal Issues
- Did the New Mexico Environment Department have jurisdiction to enforce NMOHSA against Inca despite BOR's involvement in regulating the project?
- Was the project site an area of exclusive federal jurisdiction, precluding state enforcement of NMOHSA?
- Did the Department lose jurisdiction to enforce NMOHSA due to alleged denial of access to the site?
Disposition
- The Court of Appeals of New Mexico affirmed the district court's decision, holding that the Department had jurisdiction to enforce NMOHSA and that the project site was not under exclusive federal jurisdiction (para 23).
Reasons
Per Bustamante J. (Apodaca and Flores JJ. concurring):
Jurisdiction under NMOHSA: The Court held that New Mexico's approved state plan under 29 U.S.C. § 667 authorized the Department to enforce NMOHSA unless a specific federal agency other than USDOL regulated the activity. BOR's involvement did not meet the criteria for exemption under Section 50-9-23(A) of NMOHSA, as BOR lacked statutory authority to enforce health and safety regulations and did not engage in effective enforcement (paras 2, 7-13).
Exclusive Federal Jurisdiction: The Court rejected Inca's argument that the project site was under exclusive federal jurisdiction. It found no evidence of cession of jurisdiction by New Mexico to the federal government, and federal ownership of the land did not preclude state enforcement of health and safety laws (paras 14-18).
Access to the Site: The Court determined that the Department lawfully gained access to the site. Inca did not explicitly deny access, and the Department's investigator would have sought legal recourse if access had been refused. The trial court's finding that the Department obtained entry was supported by substantial evidence (paras 19-22).