In New Mexico, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $16,071 per violation in 2026, rising to $160,727 for a willful or repeat violation. Confined Spaces 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 1910.146 · New Mexico
Confined Spaces Requirements in New Mexico
Confined Spaces in New Mexico: 2026 penalties, who enforces 29 CFR 1910.146 as incorporated by 11.5.2.9(A) NMAC, 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
29 CFR 1910.146 does not apply to construction work; on a jobsite the rule is 29 CFR 1926 Subpart AA (1926.1201–1213). In New Mexico, New Mexico Occupational Health and Safety Bureau (NM OHSB) enforces 29 CFR 1910.146. A serious violation carries up to $16,071 in New Mexico.
$16,071
maximum for a serious violation in New Mexico
$160,727
maximum for a willful or repeat violation in New Mexico
3.6
fatal work injuries per 100,000 full-time workers, all industries, New Mexico, 2024 (BLS)
New Mexico 29 CFR 1910.146 Enforcement, FY2025
Verified · 2026-08-085
citations of 29 CFR 1910.146 (FY2025)
$4,098
penalties for this standard
5.2%
of the state's 97 construction citations
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.146 (Confined Spaces) 5 times on New Mexico construction jobsites with $4,098 in penalties for it (current amounts), about 5.2% of every construction citation the state issued that year. That put it seventh on New Mexico's most-cited construction list for FY2025.
What New Mexico's own rule says
Permit-required confined spaces are incorporated federal text in New Mexico. What the state changed nearby matters for the entry program: because 11.5.3.9(B) makes Part 1910 standards identified as applicable to construction expressly applicable on jobsites, the general industry permit-space rule reaches New Mexico construction work through the state rule rather than only through federal practice. And the amended data sheet paragraph applies here too: a crew entering a space at a remote location may hold the sheets at a central location provided immediate emergency access by phone, radio, computer or paper copy.
29 CFR 1910.146 as incorporated by 11.5.2.9(A) NMACThe 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 1910.146
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 1910.146 as incorporated by 11.5.2.9(A) NMAC, which differs from the federal text (see the state rule above). New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.146 5 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).
29 CFR 1910.146 is a general-industry standard and does not govern construction work. “This section does not apply to agriculture, to construction, or to shipyard employment”. Construction confined spaces are 29 CFR 1926 Subpart AA (1926.1201–1213), a separate standard with its own duties. It is not universal either: 1926.1201(b) carves out work already regulated by Subpart P (excavations), Subpart S (underground construction, caissons, cofferdams, compressed air) and Subpart Y (diving). A New Mexico contractor auditing against 29 CFR 1910.146 is auditing against the wrong standard. The citation an officer writes on a construction site will name the 1926 provision, not this one.
HazComFast records the state of every jobsite and shows that the New Mexico State Plan governs it. Start free
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 1910.146 (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 Confined Spaces Requirements 29 CFR 1910.146
- Evaluate workplace for confined spaces
- Develop written permit space program
- Test atmosphere before and during entry
- Provide ventilation to control hazardous atmospheres
- Station an attendant outside each permit space
- Arrange rescue services before entry begins
- Issue entry permits for each entry
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 1910.146 are on the 29 CFR 1910.146 page.
What a Confined Spaces Violation Looks Like
Each item below breaches a specific paragraph of 29 CFR 1910.146. It is a list of requirements, not a ranking. A serious violation carries up to $16,071.
- Failing to evaluate the workplace to identify permit-required confined spaces (1910.146(c)(1)).
- Entry without atmospheric testing or with an atmosphere outside the acceptable ranges (1910.146(c)(5)/(d)).
- No written permit-space program, or no signed entry permit for the entry (1910.146(c)(4)/(e)).
- No attendant stationed outside, or the attendant entering to attempt a rescue (1910.146(i)/(k)).
- No arranged rescue and emergency services before entry (1910.146(k)).
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).
- 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. Industry names are the Census Bureau's 2022 NAICS titles. data.dol.gov · BLS fatality rates by state, 2024
Free Confined Spaces Compliance Tools
Confined Spaces FAQ for New Mexico
What are the penalties for 29 CFR 1910.146 violations in New Mexico in 2026?
In New Mexico, a serious violation of 29 CFR 1910.146 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 industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in New Mexico, not the construction trades. New Mexico Occupational Health and Safety Bureau (NM OHSB) inspects these employers directly and may apply requirements beyond the federal standard. A construction employer should not audit against 29 CFR 1910.146: the standard that governs the same work on a jobsite is 29 CFR 1926 Subpart AA (1926.1201–1213).
How often is Confined Spaces cited in New Mexico?
29 CFR 1910.146 is enforced against general-industry employers in New Mexico, so the construction citation totals published for New Mexico (OSHA Frequently Cited Standards, NAICS 23) do not measure it. “This section does not apply to agriculture, to construction, or to shipyard employment”. Construction confined spaces are 29 CFR 1926 Subpart AA (1926.1201–1213), a separate standard with its own duties. It is not universal either: 1926.1201(b) carves out work already regulated by Subpart P (excavations), Subpart S (underground construction, caissons, cofferdams, compressed air) and Subpart Y (diving). A construction employer should not audit against 29 CFR 1910.146: the standard that governs the same work on a jobsite is 29 CFR 1926 Subpart AA (1926.1201–1213).
When is an oil-and-gas tank a permit-required confined space in New Mexico?
A tank is a confined space under 29 CFR 1910.146(b) when it is large enough to enter and perform work, has limited or restricted means of entry or exit, and is not designed for continuous employee occupancy. It is permit-required when it contains or could contain a hazardous atmosphere, such as hydrocarbon vapors that displace oxygen or hydrogen sulfide (H2S).
Who enforces confined-space rules (1910.146) 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 inspects and cites 1910.146, 5 times in FY2025 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 1910.146 in construction?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.146 (Confined Spaces) 5 times on New Mexico construction jobsites, with $4,098 in penalties for that standard alone (current amounts), about 5.2% of the 97 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Confined Spaces Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Confined Spaces in Other States
13 other state plans write a rule of their own for 29 CFR 1910.146 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska8 AAC 61.1050Arizona29 CFR 1910.146 as adopted by A.A.C. R20-5-602; construction spaces under R20-5-601California8 CCR §5157, with §5158 for spaces outside the permit programown maxHawaii29 CFR 1910.146 as incorporated by HAR §12-60-50(a), with §12-60-7Minnesota29 CFR 1910.146 as adopted by Minn. R. 5205.0010, with Minn. R. 5207.0510NevadaNRS 618.383 and NRS 618.305 (sources for standards)North Carolina13 NCAC 07F .0207, incorporating bloodborne pathogens into construction at 29 CFR 1926.1130South Carolina29 CFR 1910.146 as adopted by Subarticle 6; competent person for excavations revised at Subarticle 7, modification Fown 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.
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Serious violation, New Mexico
$16,071
per violation (max)
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