In New Mexico, a serious violation of 29 CFR 1926.1053 (Ladders (Construction)) carries a maximum penalty of $16,071 per violation in 2026, rising to $160,727 for a willful or repeat violation. Ladders (Construction) 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 1926.1053 · New Mexico
Ladders (Construction) Requirements in New Mexico
Ladders (Construction) in New Mexico: 2026 penalties, who enforces 29 CFR 1926.1053, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
New MexicoConstruction (29 CFR 1926)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 1926.1053 6 times in New Mexico construction (6.2% of its construction citations there, the 6th most-cited standard there). The paragraph cited most was 1926.1053(b)(1) with 4 citations.
6
1926.1053 citations in New Mexico construction, FY2025
(b)(1)
paragraph cited most in New Mexico (4 citations)
3.6
fatal work injuries per 100,000 full-time workers, all industries, New Mexico, 2024 (BLS)
New Mexico 29 CFR 1926.1053 Enforcement, FY2025
Verified · 2026-08-086
citations of 29 CFR 1926.1053 (FY2025)
$12,647
penalties for this standard
6.2%
of the state's 97 construction citations
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1926.1053 (Ladders (Construction)) 6 times on New Mexico construction jobsites with $12,647 in penalties for it (current amounts), about 6.2% of every construction citation the state issued that year. That put it sixth on New Mexico's most-cited construction list for FY2025.
What New Mexico's own rule says
Ladders are incorporated federal text: New Mexico's construction modifications are three items, and none touches Subpart X. The state's scope provision is broader than some: 11.5.3.2 covers every employee engaged in work for construction, alteration or repair, including painting and decorating, so a painter on a ladder is squarely inside the construction part rather than general industry.
29 CFR 1926.1053 as incorporated by 11.5.3.9(A) NMACThe duty matches the federal text. Only the citation number differs.
Falls and work deaths in New Mexico, 2024
New Mexico recorded 32 fatal work injuries in 2024, down from 38 in 2023. BLS did not publish a separate 2024 count of deaths from falls, slips and trips for New Mexico. Construction accounted for 4.
Source: BLS Census of Fatal Occupational Injuries, New Mexico, 2024
How New Mexico Enforces 29 CFR 1926.1053
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 1926.1053 as incorporated by 11.5.3.9(A) NMAC. New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1926.1053 6 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 1926.1053 went most often to Roofing Contractors (3) and Framing Contractors (2). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1926.1053, before an officer arrives, are the most reliable defense.
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 1926.1053 (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 Ladders (Construction) Requirements 29 CFR 1926.1053
- Extend ladder 3 feet above landing
- Secure at top and bottom
- Maintain 3-point contact
- Use non-slip feet on ladder base
- Inspect before each use
- Do not load beyond rated capacity
- Face ladder while climbing
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 1926.1053 are on the 29 CFR 1926.1053 page.
Most-Cited Ladders (Construction) Paragraphs in New Mexico, FY2025
New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 6 citations under 29 CFR 1926.1053 to New Mexico construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,071.
- 1
1926.1053(b)(1) 4 citations
“When portable ladders are used for access to an upper landing surface, the ladder side rails shall extend at least 3 feet (.9 m) above the upper landing …”
- 2
1926.1053(b)(13) 1 citation
“The top or top step of a stepladder shall not be used as a step.”
- 3
1926.1053(b)(4) 1 citation
“Ladders shall be used only for the purpose for which they were designed.”
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 1926.1053 in New Mexico, FY2025: Roofing Contractors (3), Framing Contractors (2) and New Single-Family Housing Construction (except For-Sale Builders) (1), of 6 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 Ladders (Construction) Compliance Tools
Ladders (Construction) FAQ for New Mexico
What are the penalties for 29 CFR 1926.1053 violations in New Mexico in 2026?
In New Mexico, a serious violation of 29 CFR 1926.1053 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 Ladders (Construction)?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 6 citations under 29 CFR 1926.1053 to New Mexico construction employers, most often to Roofing Contractors (3), Framing Contractors (2) and New Single-Family Housing Construction (except For-Sale Builders) (1) (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 1926.1053 on a recurring basis.
How often is Ladders (Construction) 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). Ladders (Construction) can be cited during any of them: programmed, complaint-driven or post-accident. New Mexico's fatality figures are shown above.
Who enforces ladder rules (1926.1053) on New Mexico construction sites?
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 29 CFR 1926.1053, 6 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 1926.1053 in construction?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1926.1053 (Ladders (Construction)) 6 times on New Mexico construction jobsites, with $12,647 in penalties for that standard alone (current amounts), about 6.2% of the 97 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Ladders (Construction) Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Ladders (Construction) in Other States
9 other state plans write a rule of their own for 29 CFR 1926.1053 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
California8 CCR §1675, which routes portable ladders to §3276 and fixed ladders to §3277-3278own maxHawaii29 CFR 1926.1053 as incorporated by HAR §12-110-50(a), with §12-110-1 and §12-110-3MichiganMIOSHA Construction Safety Standard Part 11, R 408.41101 to R 408.41140own maxMinnesotaMinn. R. 5207.0200 and 5207.0210 (ships ladders)NevadaNAC 618.503, adopting ANSI A10.13-1989North Carolina29 CFR 1926.1053 as incorporated by 13 NCAC 07F .0201Oregon29 CFR 1926.1053 as adopted, plus OAR 437-003-0065own maxUtah29 CFR 1926.1053 as incorporated by R614-1-4.A.4, with R614-1-5.C.1own 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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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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