In New Mexico, a serious violation of 29 CFR 1910.147 (Lockout/Tagout (LOTO)) carries a maximum penalty of $16,071 per violation in 2026, rising to $160,727 for a willful or repeat violation. Lockout/Tagout (LOTO) 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 1910.147 · New Mexico
Lockout/Tagout (LOTO) Requirements in New Mexico
Lockout/Tagout (LOTO) in New Mexico: 2026 penalties, who enforces 29 CFR 1910.147, 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 1910.147 does not apply to construction work. In New Mexico, New Mexico Occupational Health and Safety Bureau (NM OHSB) enforces 29 CFR 1910.147. 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)
What New Mexico's own rule says
Lockout/tagout applies as incorporated federal text, and it is not among New Mexico's listed modifications. The state's incorporation is a live pointer at Part 1910 rather than a dated snapshot, which distinguishes it from the State Plans that name a cut-off date or list individual Federal Register notices. A federal amendment to 1910.147 reaches New Mexico without a further state rulemaking, subject to the omissions listed at 11.5.2.9(B).
29 CFR 1910.147 as incorporated by 11.5.2.9(A) NMACThe duty matches the federal text. Only the citation number differs.
Contact incidents and work deaths in New Mexico, 2024
New Mexico recorded 32 fatal work injuries in 2024, down from 38 in 2023. Contact incidents caused 3 of them (9%). Construction accounted for 4.
Source: BLS Census of Fatal Occupational Injuries, New Mexico, 2024
How New Mexico Enforces 29 CFR 1910.147
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 1910.147 as incorporated by 11.5.2.9(A) NMAC. New Mexico Occupational Health and Safety Bureau (NM OHSB) issued no citations under 29 CFR 1910.147 in New Mexico construction in FY2025. New Mexico also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
29 CFR 1910.147 is a general-industry standard and does not govern construction work. “This standard does not cover the following: (A) Construction and agriculture employment”. Branding a construction program “1910.147 compliant” cites the wrong standard. Unlike confined spaces, Part 1926 has no wholesale re-enactment of 1910.147: construction energy-control duties are spread across hazard-specific provisions, so no single construction equivalent is named here. A New Mexico contractor auditing against 29 CFR 1910.147 is auditing against the wrong standard. The citation an officer writes on a construction site will name the 1926 provision, not this one.
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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 1910.147 (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 Lockout/Tagout (LOTO) Requirements 29 CFR 1910.147
- Develop machine-specific energy control procedures
- Train authorized, affected, and other employees
- Use standardized lockout/tagout devices
- Follow the 6-step LOTO sequence
- Conduct annual periodic inspections of procedures
- Coordinate group lockout for multi-employee servicing
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 1910.147 are on the 29 CFR 1910.147 page.
What a Lockout/Tagout (LOTO) Violation Looks Like
Each item below breaches a specific paragraph of 29 CFR 1910.147. It is a list of requirements, not a ranking. A serious violation carries up to $16,071.
- No documented, machine-specific energy control procedures (1910.147(c)(4)).
- Failure to conduct the required at-least-annual periodic inspection of procedures (1910.147(c)(6)).
- Authorized/affected employees not trained (or retrained after changes) (1910.147(c)(7)).
- Stored or residual energy not released or restrained before servicing (1910.147(d)(5)).
- No verification of de-energization/isolation before work begins (1910.147(d)(6)).
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 Lockout/Tagout (LOTO) Compliance Tools
Lockout/Tagout (LOTO) FAQ for New Mexico
What are the penalties for 29 CFR 1910.147 violations in New Mexico in 2026?
In New Mexico, a serious violation of 29 CFR 1910.147 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 Lockout/Tagout (LOTO) inspection?
Lockout/Tagout (LOTO) 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 is not governed by 29 CFR 1910.147, and the construction-side duties on this subject are not concentrated in a single standard. Check your Part 1926 obligations instead.
How often is Lockout/Tagout (LOTO) cited in New Mexico?
29 CFR 1910.147 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 standard does not cover the following: (A) Construction and agriculture employment”. Branding a construction program “1910.147 compliant” cites the wrong standard. Unlike confined spaces, Part 1926 has no wholesale re-enactment of 1910.147: construction energy-control duties are spread across hazard-specific provisions, so no single construction equivalent is named here. A construction employer is not governed by 29 CFR 1910.147, and the construction-side duties on this subject are not concentrated in a single standard. Check your Part 1926 obligations instead.
Does NM OHSB require a written lockout/tagout program?
Yes. 29 CFR 1910.147 requires an energy control program with documented procedures for the equipment serviced, employee training, and a periodic inspection of each procedure at least annually. In New Mexico, NM OHSB, the state's own program, can cite the missing program, missing machine-specific steps, or the failure to isolate stored energy before service.
Who enforces lockout/tagout (1910.147) 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 1910.147 on private jobsites.
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.
Lockout/Tagout (LOTO) Guides & Resources
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Related standards
Lockout/Tagout (LOTO) in Other States
7 other state plans write a rule of their own for 29 CFR 1910.147 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
California8 CCR §3314 (applied to all employments by §3202(a))own maxHawaii29 CFR 1910.147 as incorporated by HAR §12-60-50(a), with §12-60-4 and §12-60-6Indiana29 CFR 1910.147 as applied in Indiana; review by the board of safety review, not OSHRCown maxKentucky803 KAR 2:309, Section 3own maxMinnesotaMinn. R. 5207.0600Nevada29 CFR 1910.147 as applied in Nevada, with NRS 618.383UtahUtah Admin. Code R614-1-5.D.6.bown maxAlabama
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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