In New Mexico, a serious violation of 29 CFR 1910.134 (Respiratory Protection) carries a maximum penalty of $16,071 per violation in 2026, rising to $160,727 for a willful or repeat violation. Respiratory Protection 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 1910.134 · New Mexico
Respiratory Protection Requirements in New Mexico
Respiratory Protection in New Mexico: 2026 penalties, who enforces 29 CFR 1910.134, 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 1910.134 7 times in New Mexico construction (7.2% of its construction citations there, the 3rd most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 2 citations.
7
1910.134 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 1910.134 Enforcement, FY2025
Verified · 2026-08-087
citations of 29 CFR 1910.134 (FY2025)
$8,196
penalties for this standard
7.2%
of the state's 97 construction citations
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.134 (Respiratory Protection) 7 times on New Mexico construction jobsites with $8,196 in penalties for it (current amounts), about 7.2% of every construction citation the state issued that year. That put it third on New Mexico's most-cited construction list for FY2025.
What New Mexico's own rule says
Respiratory protection is incorporated federal text. Where New Mexico wrote its own respiratory rules is in the firefighting standard at 11.5.2.10, which sets minimum requirements for protective clothing, equipment, training, respiratory protection and medical surveillance for public fire departments, and states expressly that it is not intended to supersede any more stringent requirement already in effect at a department. For an employer running an emergency response team alongside construction work, that is a second, state-written layer to check against the federal program.
29 CFR 1910.134 as incorporated by 11.5.2.9(A) NMAC, with 11.5.2.10 NMAC for firefightingThe duty matches the federal text. Only the citation number differs.
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 1910.134
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 29 CFR 1910.134 as incorporated by 11.5.2.9(A) NMAC, with 11.5.2.10 NMAC for firefighting. New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.134 7 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 1910.134 went most often to Water and Sewer Line and Related Structures Construction (4) and Tile and Terrazzo Contractors (3). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1910.134, before an officer arrives, are the most reliable defense.
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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 1910.134 (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.
Key Respiratory Protection Requirements 29 CFR 1910.134
- Establish written respiratory protection program
- Conduct medical evaluations before fit testing
- Perform annual fit testing for tight-fitting respirators
- Provide NIOSH-certified respirators
- Train on proper use and limitations
- Designate qualified program administrator
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 1910.134 are on the 29 CFR 1910.134 page.
Most-Cited Respiratory Protection Paragraphs in New Mexico, FY2025
New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 7 citations under 29 CFR 1910.134 to New Mexico construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,071.
- 1
1910.134(e)(1) General. 2 citations
“The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator …”
- 2
1910.134(f)(1) 2 citations
“The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph.”
- 3
1910.134(c)(1) 1 citation
“In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement …”
- 4
1910.134(g)(1)(i)(A) 1 citation
“Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or”
- 5
1910.134(k) Training and information. 1 citation
“This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more …”
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 1910.134 in New Mexico, FY2025: Water and Sewer Line and Related Structures Construction (4) and Tile and Terrazzo Contractors (3), of 7 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 Respiratory Protection Compliance Tools
Respiratory Protection FAQ for New Mexico
What are the penalties for 29 CFR 1910.134 violations in New Mexico in 2026?
In New Mexico, a serious violation of 29 CFR 1910.134 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 Respiratory Protection?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 7 citations under 29 CFR 1910.134 to New Mexico construction employers, most often to Water and Sewer Line and Related Structures Construction (4) and Tile and Terrazzo 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 29 CFR 1910.134 on a recurring basis.
How often is Respiratory Protection 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). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. New Mexico's fatality figures are shown above.
Does NM OHSB require respirator fit-testing?
Yes. Under 29 CFR 1910.134, any worker required to wear a tight-fitting respirator must pass a fit-test before first use and at least annually, plus a medical evaluation and training. NM OHSB, the state's own program, enforces this and cited 1910.134 7 times in FY2025 construction.
Who enforces respiratory protection (1910.134) in New Mexico?
NM OHSB, the Occupational Health and Safety Bureau within the New Mexico Environment Department. New Mexico runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.134 in general industry and construction.
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 often does New Mexico cite 29 CFR 1910.134 in construction?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.134 (Respiratory Protection) 7 times on New Mexico construction jobsites, with $8,196 in penalties for that standard alone (current amounts), about 7.2% of the 97 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Respiratory Protection Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Related standards
Respiratory Protection in Other States
14 other state plans write a rule of their own for 29 CFR 1910.134 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska8 AAC 61.1030Arizona29 CFR 1910.134 as adopted by A.A.C. R20-5-602, with R20-5-602.02 for Subpart UCalifornia8 CCR §5144, with §5141.1 for wildfire smokeown maxHawaii29 CFR 1910.134 as incorporated by HAR §12-60-50(a), with the air contaminant exhibits at (d)(3)Indiana610 IAC 9-3-1, incorporating 29 CFR 1904.0 to 1904.46 as it existed January 1, 2006own maxMaryland29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05own maxNevadaNRS 618.297 (wildfire smoke air quality)North Carolina13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6)
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.
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Serious violation, New Mexico
$16,071
per violation (max)
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