In New Mexico, a serious violation of 29 CFR 1926.451 (Scaffolding) carries a maximum penalty of $16,071 per violation in 2026, rising to $160,727 for a willful or repeat violation. Scaffolding 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 1926.451 · New Mexico
Scaffolding Requirements in New Mexico
Scaffolding in New Mexico: 2026 penalties, who enforces 29 CFR 1926.451, 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 1926.451 4 times in New Mexico construction (4.1% of its construction citations there, the 9th most-cited standard there). The paragraph cited most was 1926.451(c)(3) with 2 citations.
4
1926.451 citations in New Mexico construction, FY2025
(c)(3)
paragraph cited most in New Mexico (2 citations)
3.6
fatal work injuries per 100,000 full-time workers, all industries, New Mexico, 2024 (BLS)
New Mexico 29 CFR 1926.451 Enforcement, FY2025
Verified · 2026-08-084
citations of 29 CFR 1926.451 (FY2025)
$22,698
penalties for this standard
4.1%
of the state's 97 construction citations
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1926.451 (Scaffolding) 4 times on New Mexico construction jobsites with $22,698 in penalties for it (current amounts), about 4.1% of every construction citation the state issued that year. That put it ninth on New Mexico's most-cited construction list for FY2025.
What New Mexico's own rule says
Scaffolding is incorporated federal text in New Mexico with the ten-foot fall protection trigger and the competent-person duties intact. The construction part omits Subparts A and B of Part 1926 and amends only hazard communication, so Subpart L arrives whole. Worth knowing for the paperwork: the construction part expressly supersedes the older EIB/OHSR 300 construction standards, and any reference to EIB/OHSR 300 in another rule reads as a reference to 11.5.3 NMAC.
29 CFR 1926.451 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 1926.451
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 1926.451 as incorporated by 11.5.3.9(A) NMAC. New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1926.451 4 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 1926.451 went most often to Commercial and Institutional Building Construction (2) and Other Foundation, Structure, and Building Exterior Contractors (1). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1926.451, 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 1926.451 (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 Scaffolding Requirements 29 CFR 1926.451
- Design to support 4x intended load
- Provide guardrails on open sides above 10 feet
- Inspect before each shift by competent person
- Train workers on scaffold hazards
- Ensure proper access (ladders, stairways)
- Follow requirements specific to scaffold type
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 1926.451 are on the 29 CFR 1926.451 page.
Most-Cited Scaffolding Paragraphs in New Mexico, FY2025
New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 4 citations under 29 CFR 1926.451 to New Mexico construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,071.
- 1
1926.451(c)(3) 2 citations
“Supported scaffold poles, legs, posts, frames, and uprights shall be plumb and braced to prevent swaying and displacement.”
- 2
1926.451(f)(7) 2 citations
“Scaffolds shall be erected, moved, dismantled, or altered only under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration. Such activities …”
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 1926.451 in New Mexico, FY2025: Commercial and Institutional Building Construction (2), Other Foundation, Structure, and Building Exterior Contractors (1) and Drywall and Insulation Contractors (1), of 4 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 Scaffolding Compliance Tools
Scaffolding FAQ for New Mexico
What are the penalties for 29 CFR 1926.451 violations in New Mexico in 2026?
In New Mexico, a serious violation of 29 CFR 1926.451 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 Scaffolding?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 4 citations under 29 CFR 1926.451 to New Mexico construction employers, most often to Commercial and Institutional Building Construction (2), Other Foundation, Structure, and Building Exterior Contractors (1) and Drywall and Insulation Contractors (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 1926.451 on a recurring basis.
How often is Scaffolding 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). Scaffolding can be cited during any of them: programmed, complaint-driven or post-accident. New Mexico's fatality figures are shown above.
Who enforces scaffolding rules (1926.451) 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 1926.451, 4 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 1926.451 in construction?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1926.451 (Scaffolding) 4 times on New Mexico construction jobsites, with $22,698 in penalties for that standard alone (current amounts), about 4.1% of the 97 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Scaffolding Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Scaffolding in Other States
8 other state plans write a rule of their own for 29 CFR 1926.451 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska29 CFR 1926.451 as adopted by 8 AAC 61.1010(c), with 8 AAC 61.1145 for exposuresCalifornia8 CCR §1637, with railings under §1621(a)own maxHawaiiHAR §12-110-50(b), with the fall restraint anchorage rule at (b)(2)Maryland29 CFR 1926.451 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.04own maxMichiganMIOSHA Construction Safety Standard Part 12, R 408.41201, with R 408.41210(2)own maxNevadaNAC 618.507, with the construction project definition at NAC 618.494Oregon29 CFR 1926.451 as adopted, plus OAR 437-003-0071, -0073 and -0074own maxUtah29 CFR 1926.451 as incorporated by R614-1-4.A.4, with R614-1-5.C.3 and C.4own 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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