In the US 5mW is the legal limit for laser pointers. I think that can be used as a guideline, 3mW IR is much less energetic than a 5mW green/blue laser, perhaps it's not powerful enough to cause huge concern? But I agree no amount of laser is safe for the eye. Police LIDAR guns are 905nm at 50mW, that can technically damage you too.
The limit for visible light is as high as it is because of the blink reflex. An IR laser, having a beam you don't perceive as being bright, won't make you blink.
https://en.wikipedia.org/wiki/LIDAR_traffic_enforcement#How_...