29 CFR 1910.38 · New Mexico · FY2025
Emergency Action Plans in New Mexico: FY2025 OSHA citations
3 citation items under 29 CFR 1910.38 at inspected sites in New Mexico, from 3 inspections.
From Oct 1, 2024 to Sep 30, 2025, the Department of Labor's OSHA enforcement data record 3 citation items under 29 CFR 1910.38 at inspected sites in New Mexico, in 3 inspections. Among the 71 sections of 29 CFR parts 1904, 1910 and 1926 cited in New Mexico that year (457 citation items in all), this one ranks 28th by items. These counts describe inspected establishments, not the whole industry.
Paragraphs of 29 CFR 1910.38 cited in New Mexico
| Paragraph | Items | Share of the 3 |
|---|---|---|
| 1910.38(b) | 2 | 67% |
| 1910.38(e) | 1 | 33% |
“(b) Written and oral emergency action plans. An emergency action plan must be in writing, kept in the workplace, and available to employees for review. However, an employer with 10 or fewer employees may communicate the plan orally to employees.”
“(e) Training. An employer must designate and train employees to assist in a safe and orderly evacuation of other employees.”
How the New Mexico citations were classified
Of the 3 citation items: 3 serious, 0 willful, 0 repeat and 0 other-than-serious (100% serious).
Who was inspected in New Mexico
33% of the 3 inspections with a recorded headcount were at sites with 1 to 10 employees. The headcount is the inspected site's, not the employer's total.
| 1 to 10 | 1 |
| 26 to 100 | 1 |
| 101 to 250 | 1 |
| Public Administration | 1 |
| Agriculture, Forestry, Fishing and Hunting | 1 |
| Manufacturing | 1 |
| Administration of Economic Programs | 1 |
| Greenhouse, Nursery, and Floriculture Production | 1 |
| Dairy Product Manufacturing | 1 |
When the items were issued
By quarter of FY2025: Oct to Dec 2024: 1; Jan to Mar 2025: 0; Apr to Jun 2025: 2; Jul to Sep 2025: 0.
Who enforced in New Mexico
New Mexico has an OSHA-approved State Plan that ordinarily covers private-sector employers and state and local government workers. All 3 of the items were recorded by the State Plan's office. A State Plan may have standards of its own. The paragraphs on this page are the federal 29 CFR numbers recorded in OSHA's data, and this page does not say which New Mexico rule applies to a given workplace. OSHA's page on the New Mexico State Plan, with its coverage.
New Mexico against the other states
New Mexico ranks 18th of the 29 states and territories with items under 29 CFR 1910.38 in this data. The most items: Alaska 26; Virginia 25; Ohio 20; Puerto Rico 17; Illinois 14. In all, the data record 199 citation items under 29 CFR 1910.38; the 3 in New Mexico are 1.5% of them. Penalty maximums: OSHA penalties in New Mexico.
Next steps for a New Mexico employer
- Federal text of the standard: 29 CFR 1910.38, Emergency Action Plans
- Free tool: Inspection Action Plan
- Free tool: Toolbox Talk Generator
- Software: HazComFast EHS software
Counts by HazComFast from the Department of Labor's OSHA enforcement data, extracted Oct 13, 2026; deleted items left out, 29 CFR numbers only. They are not figures OSHA publishes for the state, and the live database can change them. Same data source and method as our HazCom enforcement study. Not legal advice.