In New Mexico, a serious violation of 29 CFR 1910.178 (Forklifts) carries a maximum penalty of $16,071 per violation in 2026, rising to $160,727 for a willful or repeat violation. Forklifts 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 1910.178 · New Mexico
Forklifts Requirements in New Mexico
Forklifts in New Mexico: 2026 penalties, who enforces 29 CFR 1910.178, 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 New Mexico, New Mexico Occupational Health and Safety Bureau (NM OHSB) enforces 29 CFR 1910.178. 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 1910.178 Enforcement, FY2025
Verified · 2026-08-081
citations of 29 CFR 1910.178 (FY2025)
$5,628
penalties for this standard
1%
of the state's 97 construction citations
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.178 (Forklifts) 1 times on New Mexico construction jobsites with $5,628 in penalties for it (current amounts), about 1% of every construction citation the state issued that year. That put it 18th on New Mexico's most-cited construction list for FY2025.
What New Mexico's own rule says
The powered industrial truck standard applies as incorporated federal text: training, the three-year evaluation and the truck-type restrictions unchanged. On a New Mexico jobsite it reaches the work through 11.5.3.9(B), which makes Part 1910 standards identified as applicable to construction expressly applicable there. New Mexico's own additions in this part are the hazard communication amendments, which matter to truck work chiefly through battery electrolyte and fuel: the data sheets may sit at a central location provided emergency access is immediate.
29 CFR 1910.178 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 1910.178
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 1910.178 as incorporated by 11.5.2.9(A) NMAC. New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.178 1 time 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 1910.178 is a general-industry standard. Whether this general-industry standard reaches construction work has not been verified for this page. Check the standard's own scope paragraph and the corresponding 29 CFR 1926 subpart before relying on it for construction.
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 1910.178 (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 Forklifts Requirements 29 CFR 1910.178
- Train and evaluate all forklift operators
- Conduct operator evaluations every 3 years
- Inspect forklifts before each shift
- Maintain forklifts per manufacturer specifications
- Follow safe operating practices (speed, loads, pedestrians)
- Designate approved truck types for hazardous locations
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 1910.178 are on the 29 CFR 1910.178 page.
What a Forklifts Violation Looks Like
Each item below breaches a specific paragraph of 29 CFR 1910.178. It is a list of requirements, not a ranking. A serious violation carries up to $16,071.
- Operators not trained, evaluated, or certified before operating (1910.178(l)(1)).
- No re-evaluation of operator performance within the last 3 years (1910.178(l)(4)(iii)).
- No pre-shift examination of the truck, or unsafe trucks left in service (1910.178(p)(1)/(q)).
- Unsafe operating practices (speeding, riders, raised-load travel, blocked visibility) (1910.178(m)/(n)).
- Failure to provide refresher training after an accident or observed unsafe operation (1910.178(l)(4)).
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 Forklifts Compliance Tools
Forklifts FAQ for New Mexico
What are the penalties for 29 CFR 1910.178 violations in New Mexico in 2026?
In New Mexico, a serious violation of 29 CFR 1910.178 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 Forklifts inspection?
Forklifts inspections reach employers in New Mexico covered by this standard, 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.
How often is Forklifts cited in New Mexico?
29 CFR 1910.178 is enforced against employers in New Mexico covered by this standard, so the construction citation totals published for New Mexico (OSHA Frequently Cited Standards, NAICS 23) do not measure it. Whether this general-industry standard reaches construction work has not been verified for this page. Check the standard's own scope paragraph and the corresponding 29 CFR 1926 subpart before relying on it for construction.
Does NM OHSB require forklift operator training?
Yes. 29 CFR 1910.178(l) requires every powered-industrial-truck operator to be trained, evaluated on the specific truck and workplace, and re-evaluated at least every three years. In New Mexico, NM OHSB, the state's own program, cites untrained operators directly.
Who enforces forklift rules (1910.178) 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 1910.178 on private jobsites, including operator training under paragraph (l) and the examination of each truck before it is placed in service under paragraph (q)(7).
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 1910.178 in construction?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1910.178 (Forklifts) 1 times on New Mexico construction jobsites, with $5,628 in penalties for that standard alone (current amounts), about 1% of the 97 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Forklifts Guides & Resources
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Related standards
Forklifts in Other States
15 other state plans write a rule of their own for 29 CFR 1910.178 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska29 CFR 1910.178 as adopted by 8 AAC 61.1010(b), with the air contaminant table at 8 AAC 61.1100California8 CCR §3650 (operation) and §3668 (operator training)own maxHawaii29 CFR 1910.178 as incorporated by HAR §12-60-50(a), with §12-60-5Kentucky803 KAR 2:313 (Subpart N), with 803 KAR 2:325 for battery workown maxMichiganMIOSHA General Industry Part 21, R 408.12101 to R 408.12193 (permit at R 408.12154)own maxMinnesotaMinn. R. 5207.0900, with Minn. R. 5207.1100 for platformsNevadaNAC 618.342 to 618.410 (cranes), with NAC 618.394 for tower crane plansNorth Carolina29 CFR 1910.178 as incorporated by 13 NCAC 07F .0101
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)
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