In New Mexico, a serious violation of 29 CFR 1926.501 (Fall Protection) carries a maximum penalty of $16,071 per violation in 2026, rising to $160,727 for a willful or repeat violation. Fall Protection 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 1926.501 · New Mexico
Fall Protection Requirements in New Mexico
Fall Protection in New Mexico: 2026 penalties, who enforces 29 CFR 1926.501 as incorporated by 11.5.3.9(A) NMAC, 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 1926.501 25 times in New Mexico construction (25.8% of its construction citations there, the standard it cited most). The paragraph cited most was 1926.501(b)(1), unprotected sides and edges, with 12 citations.
25
1926.501 citations in New Mexico construction, FY2025
(b)(1)
paragraph cited most in New Mexico (12 citations)
3.6
fatal work injuries per 100,000 full-time workers, all industries, New Mexico, 2024 (BLS)
New Mexico 29 CFR 1926.501 Enforcement, FY2025
Verified · 2026-08-0825
citations of 29 CFR 1926.501 (FY2025)
$186,434
penalties for this standard
25.8%
of the state's 97 construction citations
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1926.501 (Fall Protection) 25 times on New Mexico construction jobsites with $186,434 in penalties for it (current amounts), about 25.8% of every construction citation the state issued that year. That makes 29 CFR 1926.501 the single most-cited construction standard in New Mexico in FY2025.
What New Mexico's own rule says
“the provisions of 29 CFR Part 1910, Occupational Safety and Health Standards, identified by the United States department of labor as applicable to the construction industry and incorporated by 11.5.2 NMAC … are hereby made applicable to construction.”
Fall protection is incorporated federal text in New Mexico, with two structural points around it. Subpart A of Part 1926 (1926.1 through 1926.5) and Subpart B (1926.10 through 1926.16) are omitted, so the general interpretations a federal citation sometimes leans on are not part of the New Mexico rule. And subsection B does something most states leave implicit: it makes every Part 1910 standard that the Department of Labor identifies as applicable to construction expressly applicable here, incorporated through the general industry part.
29 CFR 1926.501 as incorporated by 11.5.3.9(A) NMACThe duty itself differs from the federal text.
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 1926.501
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 1926.501 as incorporated by 11.5.3.9(A) NMAC, which differs from the federal text (see the state rule above). New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1926.501 25 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 1926.501 went most often to Roofing Contractors (12) and Framing Contractors (4). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1926.501 as incorporated by 11.5.3.9(A) NMAC, before an officer arrives, are the most reliable defense.
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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 1926.501 (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 Fall Protection Requirements 29 CFR 1926.501
- Provide fall protection at 6 feet above a lower level: a guardrail, safety net, or personal fall arrest system
- Protect workers at unprotected sides/edges, leading edges, hoist areas, ramps, and excavation edges (1926.501(b))
- Cover or guard every floor hole and skylight: protection from falling through above 6 ft, and from stepping in at any height
- Related duties under neighboring standards: system criteria 1926.502, training 1926.503, scaffold fall protection 1926.451(g)
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 1926.501 are on the 29 CFR 1926.501 page.
Most-Cited Fall Protection Paragraphs in New Mexico, FY2025
New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 25 citations under 29 CFR 1926.501 to New Mexico construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,071.
- 1
1926.501(b)(1) Unprotected sides and edges. 12 citations
“Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level …”
- 2
1926.501(b)(10) Roofing work on Low-slope roofs. 3 citations
“Except as otherwise provided in paragraph (b) of this section, each employee engaged in roofing activities on low-slope roofs, with unprotected sides and edges 6 feet (1.8 m) …”
- 3
1926.501(b)(13) Residential construction. 2 citations
“Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall …”
- 4
1926.501(b)(14) Wall openings. 2 citations
“Each employee working on, at, above, or near wall openings (including those with chutes attached) where the outside bottom edge of the wall opening is 6 feet (1.8 …”
- 5
1926.501(b)(4)(i) 2 citations
“Each employee on walking/working surfaces shall be protected from falling through holes (including skylights) more than 6 feet (1.8 m) above lower levels, by personal fall arrest systems, …”
- 6
1926.501(c) Protection from falling objects. 2 citations
“When an employee is exposed to falling objects, the employer shall have each employee wear a hard hat and shall implement one of the following measures:”
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 1926.501 in New Mexico, FY2025: Roofing Contractors (12), Framing Contractors (4) and New Single-Family Housing Construction (except For-Sale Builders) (2), of 25 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 Fall Protection Compliance Tools
Fall Protection FAQ for New Mexico
What are the penalties for 29 CFR 1926.501 violations in New Mexico in 2026?
In New Mexico, a serious violation of 29 CFR 1926.501 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 Fall Protection?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) issued 25 citations under 29 CFR 1926.501 to New Mexico construction employers, most often to Roofing Contractors (12), Framing Contractors (4) and New Single-Family Housing Construction (except For-Sale Builders) (2) (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 1926.501 as incorporated by 11.5.3.9(A) NMAC, New Mexico's own rule on this subject.
How often is Fall Protection 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). Fall Protection can be cited during any of them: programmed, complaint-driven or post-accident. New Mexico's fatality figures are shown above.
Who enforces fall protection (1926.501) 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 1926.501, 25 times in FY2025 construction.
How much did NM OHSB assess for fall protection in FY2025?
NM OHSB cited 29 CFR 1926.501 25 times in New Mexico construction in FY2025, with $186,434 in penalties at current amounts, about $7,457 per citation (OSHA Frequently Cited Standards).
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 1926.501 in construction?
In FY2025, New Mexico Occupational Health and Safety Bureau (NM OHSB) cited 29 CFR 1926.501 (Fall Protection) 25 times on New Mexico construction jobsites, with $186,434 in penalties for that standard alone (current amounts), about 25.8% of the 97 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Fall Protection Guides & Resources
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Related standards
Fall Protection in Other States
13 other state plans write a rule of their own for 29 CFR 1926.501 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska29 CFR 1926.501 as adopted by 8 AAC 61.1010(c), with 8 AAC 61.1150 for steel erectionCalifornia8 CCR §1670(a), with §1621(a) for railings and §1730 for roofingown maxHawaiiHAR §12-110-3, with the definition of "infeasible" at §12-110-50(b)(1)Kentucky803 KAR 2:412own maxMaryland29 CFR 1926.501 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.07own maxMichiganMIOSHA Construction Safety Standard Part 45, R 408.44501 to R 408.44502own maxMinnesota29 CFR 1926.501 as adopted by Minn. R. 5205.0010, subp. 6, with Minn. R. 5207.0250NevadaNRS 618.983 and NRS 618.987 (mandatory OSHA-10 and OSHA-30)
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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