In New Mexico, a serious violation of 29 CFR 1910.1200 (HazCom / GHS) carries a maximum penalty of $16,071 per violation in 2026, rising to $160,727 for a willful or repeat violation. HazCom / GHS is enforced for private construction employers by New Mexico Occupational Health and Safety Bureau (NM OHSB). New Mexico sets its own maximums, below the federal baseline.
29 CFR 1910.1200 · New Mexico
HazCom / GHS Requirements in New Mexico
HazCom / GHS in New Mexico: 2026 penalties, who enforces 11.5.3.9(C)(3) NMAC (construction) and 11.5.2.9(B)(5) NMAC (general industry), the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
New MexicoGeneral Industry (29 CFR 1910)State Plan: New Mexico Occupational Health and Safety Bureau (NM OHSB)State-set maximums
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.1200 6 times in New Mexico construction (6.2% of its construction citations there, the 5th most-cited standard there). The paragraph cited most was 1910.1200(e)(1) with 2 citations.
6
1910.1200 citations in New Mexico construction, FY2025
(e)(1)
paragraph cited most in New Mexico (2 citations)
3.6
fatal work injuries per 100,000 full-time workers, all industries, New Mexico, 2024 (BLS)
New Mexico 29 CFR 1910.1200 Enforcement, FY2025
Verified · 2026-08-086
citations of 29 CFR 1910.1200 (FY2025)
$6,998
penalties for this standard
6.2%
of the state's 97 construction citations
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.1200 (HazCom / GHS) 6 times on New Mexico construction jobsites with $6,998 in penalties for it (current amounts), about 6.2% of every construction citation the state issued that year. That put it fifth on New Mexico's most-cited construction list for FY2025.
What New Mexico's own rule says
“Where employees must travel between work places during a workshift, i.e., their work is carried out at more than one geographical location, the material safety data sheets may be kept at a central location at the primary workplace facility … This information shall be readily accessible by telephone, two-way communication, computer or actual copies of the material safety data sheets.”
New Mexico is one of the few states that amended the hazard communication text itself, and it did so in the paragraph that governs mobile crews. Federal 1910.1200(g)(9) allows safety data sheets to be kept at the primary workplace facility; New Mexico allows a central location at that facility and then names what counts as immediate access in an emergency: telephone, two-way communication, computer, or actual copies. It also rewrote the training paragraph: a new employee is deemed trained where the employer can demonstrate they received training on the same hazards within the past twelve months. Both amendments are made twice, once for general industry and once for construction, so they apply whichever part you are working under.
11.5.3.9(C)(3) NMAC (construction) and 11.5.2.9(B)(5) NMAC (general industry)The duty itself differs from the federal text.
Harmful exposures and work deaths in New Mexico, 2024
New Mexico recorded 32 fatal work injuries in 2024, down from 38 in 2023. Exposure to harmful substances or environments caused 7 of them (22%). Construction accounted for 4.
Source: BLS Census of Fatal Occupational Injuries, New Mexico, 2024
How New Mexico Enforces 29 CFR 1910.1200
New Mexico runs an OSHA-approved State Plan administered by New Mexico Occupational Health and Safety Bureau (NM OHSB), which covers private-sector construction. Its compliance officers enforce New Mexico's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is 11.5.3.9(C)(3) NMAC (construction) and 11.5.2.9(B)(5) NMAC (general industry), which differs from the federal text (see the state rule above). New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.1200 6 times in New Mexico construction in FY2025 (OSHA Frequently Cited Standards). New Mexico also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
In New Mexico, the FY2025 citations under 29 CFR 1910.1200 went most often to Tile and Terrazzo Contractors (3) and All Other Specialty Trade Contractors (3). A single inspection can produce several per-instance citations. Recurring self-audits against 11.5.3.9(C)(3) NMAC (construction) and 11.5.2.9(B)(5) NMAC (general industry), before an officer arrives, are the most reliable defense.
Help and oversight in New Mexico
Free, confidential help: OSHA On-Site Consultation
In New Mexico, the program is Occupational Health & Safety Bureau (New Mexico Environment Department). OSHA describes it as “Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs.” It is separate from OSHA enforcement; the employer commits to correcting serious hazards.
New Mexico consultation program · OSHA consultation directory
Read on osha.gov and the state's official statute site, September 26, 2026.
New Mexico Penalty Amounts for 29 CFR 1910.1200 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $16,071 | New Mexico state maximum |
| Willful | $160,727 | New Mexico state maximum |
| Repeat | $160,727 | New Mexico state maximum |
| Failure to abate | $16,071/day | New Mexico state maximum per day |
New Mexico sets its own maximums under NMSA §50-9-24, and these are the amounts effective April 1, 2024 under OHSB directive 24-08, Appendix A: willful or repeat up to $160,727 with a $11,513 willful minimum (§50-9-24.A); serious $16,071 (.B); other-than-serious $16,071 (.C); failure to abate $16,071 per day beyond the abatement date (.D); posting $16,071 (.G). Read against the federal figures of the same year, $16,131 serious and $161,323 willful, New Mexico was within $60 and $596 of federal, effectively parity rather than a lighter regime. §50-9-24(J) requires the Cabinet Secretary to readjust the amounts by April 1 each year on the previous calendar year's CPI, so a later OHSB table governs an open case, and the operative number for any given year is the one in the Appendix A in force on the citation date. Amounts are ceilings per violation. New Mexico Occupational Health and Safety Bureau (NM OHSB) computes proposed penalties under its own State Plan procedures.
Filing Tier II in New Mexico
The chemical list your HazCom program keeps is also what EPA's Tier II inventory is built from. Here is what New Mexico Department of Homeland Security and Emergency Management (DHSEM) says about filing it:
- Only a .t2s file from Tier2 Submit is accepted, emailed to HAZMAT@DHSEM.NM.gov; no .zip, no PDF, no paper, and E-Plan is not required.
- A state fee, by check or money order only, due March 1 and capped at $250; government agencies are exempt. Fines up to $5,000 may apply if the correct payment is not received by March 1.
HazComFast keeps each jobsite's chemical quantities next to its safety data sheets and exports the Tier II data as an Excel workbook, a CSV file and a PDF summary.
Key HazCom / GHS Requirements 29 CFR 1910.1200
- Maintain a written HazCom program
- Keep SDS accessible for every hazardous chemical
- Ensure containers have GHS-compliant labels
- Train employees on chemical hazards
- Maintain a chemical inventory list
- Update to GHS Rev 7 by 2026 deadlines
Who enforces it in New Mexico: New Mexico Occupational Health and Safety Bureau (NM OHSB) inspects private employers, construction included, under an OSHA-approved State Plan. New Mexico Occupational Health and Safety Bureau (NM OHSB) can add requirements beyond the federal standard above, so check its own rules as well.
The compliance checklist, the paragraphs OSHA cites nationally and what an inspector checks under 29 CFR 1910.1200 are on the 29 CFR 1910.1200 page.
Most-Cited HazCom / GHS Paragraphs in New Mexico, FY2025
New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 6 citations under 29 CFR 1910.1200 to New Mexico construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,071.
- 1
1910.1200(e)(1) 2 citations
“Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) …”
- 2
1910.1200(h)(1) 2 citations
“Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical …”
- 3
1910.1200(g)(1) 1 citation
“Chemical manufacturers and importers shall obtain or develop a safety data sheet for each hazardous chemical they produce or import. Employers shall have a safety data sheet in …”
- 4
1910.1200(g)(8) 1 citation
“The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each …”
HazComFast count from the Labor Department's OSHA enforcement data: citations issued in FY2025 to construction employers (NAICS 23), by the paragraph cited. Paragraph text: eCFR, current as of September 24, 2026. data.dol.gov
New Mexico Safety & Enforcement Profile
97
FY2025 construction citations
New Mexico Occupational Health and Safety Bureau (NM OHSB)
Enforces private construction
- Construction trades inspected most in New Mexico, FY2025: Roofing Contractors (12), Commercial and Institutional Building Construction (9) and New Single-Family Housing Construction (except For-Sale Builders) (7), out of 76 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.1200 in New Mexico, FY2025: Tile and Terrazzo Contractors (3) and All Other Specialty Trade Contractors (3), of 6 citations.
- Fatal injury rate in New Mexico, 2024: 3.6 per 100,000 full-time workers, all industries. BLS did not publish a 2024 construction rate here.
HazComFast count from the Labor Department's OSHA enforcement data: inspections of construction employers (NAICS 23) opened from October 1, 2024 to September 30, 2025, federal OSHA and State Plan combined, grouped by the inspected employer's 2022 NAICS industry. HazComFast count from the Labor Department's OSHA enforcement data: citations issued in FY2025 to construction employers (NAICS 23), grouped by the cited employer's 2022 NAICS industry. Industry names are the Census Bureau's 2022 NAICS titles. data.dol.gov · BLS fatality rates by state, 2024
Free HazCom / GHS Compliance Tools
HazCom / GHS FAQ for New Mexico
What are the penalties for 29 CFR 1910.1200 violations in New Mexico in 2026?
In New Mexico, a serious violation of 29 CFR 1910.1200 carries a maximum penalty of $16,071 per violation, and a willful or repeat violation up to $160,727. New Mexico sets its own maximums, below the federal baseline. New Mexico sets its own maximums under NMSA §50-9-24, and these are the amounts effective April 1, 2024 under OHSB directive 24-08, Appendix A: willful or repeat up to $160,727 with a $11,513 willful minimum (§50-9-24.A); serious $16,071 (.B); other-than-serious $16,071 (.C); failure to abate $16,071 per day beyond the abatement date (.D); posting $16,071 (.G). Read against the federal figures of the same year, $16,131 serious and $161,323 willful, New Mexico was within $60 and $596 of federal, effectively parity rather than a lighter regime. §50-9-24(J) requires the Cabinet Secretary to readjust the amounts by April 1 each year on the previous calendar year's CPI, so a later OHSB table governs an open case, and the operative number for any given year is the one in the Appendix A in force on the citation date. Each distinct violation can be cited as its own item. (Source: NMSA §50-9-24; verified 2026-10-05.)
Which New Mexico construction trades are cited most under HazCom / GHS?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 6 citations under 29 CFR 1910.1200 to New Mexico construction employers, most often to Tile and Terrazzo Contractors (3) and All Other Specialty Trade Contractors (3) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). New Mexico Occupational Health and Safety Bureau (NM OHSB) inspects these employers directly and may apply requirements beyond the federal standard. For context, New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 97 construction citations across 43 inspections in FY2025. Companies in these trades should self-audit against 11.5.3.9(C)(3) NMAC (construction) and 11.5.2.9(B)(5) NMAC (general industry), New Mexico's own rule on this subject.
How often is HazCom / GHS cited on New Mexico jobsites?
In FY2025, New Mexico's state plan (New Mexico Occupational Health and Safety Bureau (NM OHSB)) issued 97 construction citations across 43 inspections (OSHA Frequently Cited Standards, NAICS 23). HazCom / GHS can be cited during any of them: programmed, complaint-driven or post-accident. New Mexico's fatality figures are shown above.
Who enforces Hazard Communication (1910.1200) in New Mexico?
NM OHSB, the Occupational Health and Safety Bureau within the New Mexico Environment Department, not federal OSHA. New Mexico runs a full OSHA-approved State Plan, so a state compliance officer enforces 1910.1200 across general industry and construction. In federal construction inspections in FY2025, the HazCom paragraphs cited most were (e)(1), the written program; (h)(1), training; and (g)(8), SDS access.
Can I get free OSHA help in New Mexico without an inspection?
Yes. OSHA's On-Site Consultation Program in New Mexico is Occupational Health & Safety Bureau (New Mexico Environment Department). OSHA describes it this way: "Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs." Consultations are separate from OSHA enforcement, and the employer commits to correcting serious hazards.
How do I file the EPCRA Tier II chemical inventory in New Mexico?
Only a .t2s file from Tier2 Submit is accepted, emailed to HAZMAT@DHSEM.NM.gov; no .zip, no PDF, no paper, and E-Plan is not required. A state fee, by check or money order only, due March 1 and capped at $250; government agencies are exempt. Fines up to $5,000 may apply if the correct payment is not received by March 1.
How often does New Mexico cite 29 CFR 1910.1200 in construction?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.1200 (HazCom / GHS) 6 times on New Mexico construction jobsites, with $6,998 in penalties for that standard alone (current amounts), about 6.2% of the 97 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
HazCom / GHS Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup, or read the HazCom Enforcement Report for the national picture.
Related standards
HazCom / GHS in Other States
18 other state plans write a rule of their own for 29 CFR 1910.1200 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska8 AAC 61.1110 (physical agent data sheets), with the adoption at 8 AAC 61.1010(b)ArizonaA.A.C. R20-5-602California8 CCR §5194 (Proposition 65 integration at §5194(f)(6))own maxHawaiiHAR §12-60-50(a) and §12-60-50(d)(3), with Exhibits A and BIndiana610 IAC 9-2-8(b), term substitutions applying to everything Indiana incorporatesown maxIowa481—210.4(88), with 481—210.2(88) on incorporated standardsKentucky803 KAR 2:320, Section 6 (Subpart Z), with Kentucky's own MOCA standard at Section 2own maxMarylandCOMAR 09.12.31.01 GGown max
Other OSHA Standards in New Mexico
Sources & verification
Penalty amounts and plan-type data were checked on 2026-10-05 against eCFR, OSHA.gov, and the Federal Register. This page is informational and not legal advice; consult the enforcing agency or counsel for your specific situation.
Get the Binder in Order Before the Inspector Arrives. Are You Ready?
OSHA does not give advance notice of inspections (29 CFR 1903.6). Get the binder in order before the opening conference, not during it.
Serious violation, New Mexico
$16,071
per violation (max)
VS
HazComFast Pro
$199/mo
10 jobsites, unlimited chemicals, unlimited workers
New sign-ups are paused. The free tools below need no account, and customers can log in as usual.
Your account keeps working as usual. Cancel anytime.