New Mexico OSHA State Plan (OSHB): what a contractor needs to know
The New Mexico Occupational Health and Safety Bureau (OSHB) is a part of the New Mexico Environment Department which is headed by the Secretary. The main office is located in Santa Fe. The New Mexico State Plan covers private-sector workplaces in the state, with 6 exceptions OSHA lists, and state and local government employers. Hazard communication: New Mexico carries hazard communication across all three sectors (general industry, construction and agriculture) and incorporates 29 CFR Part 1910 without naming an edition date.
Verified against OSHA's page for the New Mexico State Plan · October 1, 2026
At a glance
Agency
The New Mexico Occupational Health and Safety Bureau (OSHB) is a part of the New Mexico Environment Department which is headed by the Secretary. The main office is located in Santa Fe.
Initial Approval
December 10, 1975 (40 FR 57456)
State Plan Certification
November 5, 1984 (49 FR 44205)
Operational Status Agreement
September 24, 1997 ( 62 FR 49911 ), amended on June 9, 2000 65 FR 36629 , and June 29, 2006 ( 71 FR 36991 )
Who it covers
Private-sector workplaces with 6 listed exceptions, plus state and local government employers
29 CFR 1952.20Standards of its own
8 unique standards on OSHA's list
Hazard communication
11.5.2.9 NMAC (with 11.5.3 NMAC applying Part 1910 to construction)
Construction citations, FY2025
97 citations in 43 inspections
Who the OSHB plan covers
The New Mexico State Plan applies to private sector workplaces in the state with the exception of:
- Maritime employment, including shipyard employment, marine terminals, and longshoring;
- Contract workers and contractor-operated facilities engaged in United States Postal Service (USPS) mail operations;
- Enforcement of occupational safety and health standards at all private sector establishments on military facilities and bases, including but not limited to Kirtland Air Force Base, Fort Bliss Military Reservation, White Sands Missile Range Military Reservation, Holloman Air Force Base, Cannon Air Force Base, Fort Wingate Military Reservation, Fort Bayard Veterans' Hospital, Albuquerque Veterans' Hospital, Santa Fe National Cemetery;
- Enforcement of occupational safety and health standards, to the extent permitted by applicable law, over tribal or private sector employment within any Indian reservation and lands under the control of a tribal government;
- Enforcement of occupational safety and health standards with regard to employment at the U.S. Department of Energy's Western Area Power Administration site at Elephant Butte; and
- All working conditions of aircraft cabin crewmembers onboard aircraft in operation.
The New Mexico State Plan also applies to state and local government employers. It does not apply to federal government employers including USPS. Federal OSHA covers the issues not covered by the New Mexico State Plan. In addition, federal OSHA retains enforcement of the anti-retaliation provision of the Occupational Safety and Health Act of 1970, Section 11(c), 29 USC 660(c), with respect to the private sector. NM OSHA also investigates private and state and local government workplace retaliation cases under a provision analogous to Section 11(c).
Source: OSHA, New Mexico State Plan, read October 1, 2026.
The standards New Mexico writes for itself
NM OSHA has adopted all OSHA standards, incorporated by reference, that relate to state and local government and private sector employer operations. Therefore, the state and federal standards are identical. In addition, NM OSHA has adopted the following unique standards:
General industry
- State and Local Government Firefighting
- Workplace Violence in Convenience Stores
- Hazard Communication
Construction
- Hazard Communication
Agriculture
- Field Sanitation
- Short-Handled Hoes
- First Aid
- Hazard Communication
OSHA's page names the standards; the binding text is the state's own (OSHB website). Where a federal standard applies, the state enforces it as it adopted it.
Hazard communication in New Mexico
The rule
11.5.2.9 NMAC (with 11.5.3 NMAC applying Part 1910 to construction)
New Mexico carries hazard communication across all three sectors (general industry, construction and agriculture) and incorporates 29 CFR Part 1910 without naming an edition date.
What the state text says
11.5.2.9 NMAC states that "the provisions of 29 CFR Part 1910, Occupational Safety and Health Standards ... are hereby incorporated into this section", with no edition date and no Federal Register notice named, which is unlike the states that freeze at a date. Section last effective 10/30/08. Its hazard-communication passages track the federal text closely: the multi-site SDS allowance mirrors 1910.1200(g)(9) and the training trigger mirrors (h)(1).
Read the ruleThe federal compliance dates and how each State Plan adopted HCS 2024 are compared on HazCom deadlines 2026 and in HCS 2024 deadlines by State Plan. The rule every other State Plan cites is in the State Plan HazCom rule map.
OSHB enforcement in construction, FY2025
OSHB issued 97 citations in 43 construction inspections in FY2025 (October 1, 2024 – September 30, 2025), with $402,840 in penalties at their current amounts.
| Rank in New Mexico | Standard | Citations | Share |
|---|---|---|---|
| 1 | 29 CFR 1926.501 | 25 | 25.8% |
| 2 | 29 CFR 1926.503 | 9 | 9.3% |
| 3 | 29 CFR 1910.134 | 7 | 7.2% |
| 4 | 29 CFR 1910.1053 | 7 | 7.2% |
| 5 | 29 CFR 1910.1200 | 6 | 6.2% |
OSHA Frequently Cited Standards tool, NAICS 23, New Mexico, figures extracted August 8, 2026. Ranks count every row the tool lists for the state. The tool now shows the following fiscal year; these are the FY2025 figures as extracted.
Penalties and appeals
Penalty maximums
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.
New Mexico penaltiesContesting a citation
The New Mexico OHSB conducts informal conferences in an effort to resolve contested cases. The New Mexico Occupational Health and Safety Review Commission hears and rules on appeals from citations, notifications, and penalties issued by New Mexico OSHA's enforcement unit. For more information on these proceedings, please visit the New Mexico State Plan website.
Working under the OSHB plan, in five steps
Step 1
Check that the jobsite is under the State Plan
OSHA lists 6 exceptions to OSHB's private-sector coverage, starting with maritime employment, including shipyard employment, marine terminals, and longshoring. Work under an exception falls to federal OSHA.
Step 2
Read the New Mexico standards that touch your trade
For construction, OSHA's list names Hazard Communication. Read the state text for each before you build the site plan.
Step 3
Set your HazCom program to the state rule
11.5.2.9 NMAC (with 11.5.3 NMAC applying Part 1910 to construction) is the rule to read before you set compliance dates. New Mexico carries hazard communication across all three sectors (general industry, construction and agriculture) and incorporates 29 CFR Part 1910 without naming an edition date.
Step 4
Know the penalties and the contest path
New Mexico sets its own maximums (NMSA §50-9-24): up to $16,071 for a serious violation. The New Mexico OHSB conducts informal conferences in an effort to resolve contested cases. The citation states the deadline to contest, and the state review body is described under Penalties and appeals.
Step 5
Use the free consultation program
Occupational Health & Safety Bureau (New Mexico Environment Department) offers on-site consultation, separate from enforcement.
Run it in HazComFast
Every trade reads the same sheet
Put a QR code on the container and any worker on site, whoever signs their paycheck, opens its SDS with the phone camera. No app, no login, and no per-seat charge for workers, foremen or subs.
Built for jobsites where the signal drops
Your jobsite's SDS load onto the phone on their own. The app shows how many are ready (17 of 20, 20 of 20) before you head underground. First-aid steps for every product on the jobsite stay on the phone, even in airplane mode.
Approve it or send it back
Every submission lands in a review queue. Approve it, reject it with a reason, or ask for a revision. Each decision is stamped with who reviewed it and when: the trail a controlling employer needs when OSHA asks what it did before the crew mobilized.
What each plan includes
- InspectionsFrom Pro
- Corrective actionsFrom Pro
- OSHA 300, 301 and 300A logsFrom Starter
- 300A certification and posting windowFrom Starter
- Written HazCom program, versionedFrom Starter
- Training center and assignmentsFrom Starter
- Full record export, any timeEvery plan
- Litigation defense packageFrom Starter
Key facts
- A summary of the New Mexico State Plan is codified at 29 CFR 1952.20.
- OSHA lists 6 exceptions to the plan's private-sector coverage, and federal OSHA covers what the plan does not.
- Federal OSHA keeps enforcement of the anti-retaliation provision of section 11(c) of the OSH Act for the private sector, according to OSHA's page for the plan.
- OSHA's page lists 8 standards New Mexico wrote for itself, 1 of them in construction.
- Hazard communication in New Mexico runs through 11.5.2.9 NMAC (with 11.5.3 NMAC applying Part 1910 to construction).
- In FY2025 (October 1, 2024 – September 30, 2025), OSHB issued 97 construction citations in 43 inspections, with $402,840 in current penalties (OSHA cited-standards tool).
- New Mexico's maximum for a serious violation is $16,071, set by NMSA §50-9-24.
In New Mexico
State Plans
New Mexico State Plan FAQ
Who enforces OSHA in New Mexico?
The New Mexico Occupational Health and Safety Bureau (OSHB) is a part of the New Mexico Environment Department which is headed by the Secretary. The main office is located in Santa Fe. The plan received final approval under section 18(e) of the OSH Act, and its summary is codified at 29 CFR 1952.20.
Does the New Mexico State Plan cover private construction contractors?
Yes, with the exceptions OSHA lists for the plan (6 of them, such as maritime employment, including shipyard employment, marine terminals, and longshoring). The plan also covers state and local government employers; federal OSHA covers the rest (29 CFR 1952.20).
Does New Mexico have OSHA standards of its own?
Yes. OSHA's page for the plan lists 8: general industry, State and Local Government Firefighting, Workplace Violence in Convenience Stores, Hazard Communication; construction, Hazard Communication; agriculture, Field Sanitation, Short-Handled Hoes, First Aid, Hazard Communication. The other standards are federal standards the state adopts (plan summary: 29 CFR 1952.20).
What hazard communication rule applies in New Mexico?
New Mexico carries hazard communication across all three sectors (general industry, construction and agriculture) and incorporates 29 CFR Part 1910 without naming an edition date. The rule to read is 11.5.2.9 NMAC (with 11.5.3 NMAC applying Part 1910 to construction). Classification verified against OSHA's page for the plan on August 7, 2026; the federal standard is 29 CFR 1910.1200.
How do I contest a citation from OSHB?
The New Mexico OHSB conducts informal conferences in an effort to resolve contested cases. The New Mexico Occupational Health and Safety Review Commission hears and rules on appeals from citations, notifications, and penalties issued by New Mexico OSHA's enforcement unit. For more information on these proceedings, please visit the New Mexico State Plan website. Federal OSHA's 15-working-day notice of contest under 29 CFR 1903.17 does not govern a State Plan citation: the citation itself states the state deadline.
What are the OSHA penalties in New Mexico?
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. The federal maximums under 29 CFR 1903.15(d) do not set New Mexico's amounts.
Sources
- OSHA, New Mexico State Plan (read October 1, 2026)
- 29 CFR 1952.20, New Mexico State Plan summary (eCFR)
- 11.5.2.9 NMAC (with 11.5.3 NMAC applying Part 1910 to construction) (official text)
- OSHA Frequently Cited Standards, NAICS 23, New Mexico (FY2025 figures extracted August 8, 2026)
- OSHB website
- Occupational Health & Safety Bureau
OSHA's page for the plan read on October 1, 2026; the state hazard communication rule on August 7, 2026. OSHA notes that a State Plan's own office has the latest information. General guidance, not legal advice.
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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