Citation Adjustment for New Mexico OSHA

Senate Bill 229 (“SB 229”), signed into law on April 6, 2017, amended the Occupational Health and Safety Act, 50-9 NMSA 1978, to adjust maximum and minimum penalties in conformance with Federal law. The legislation conforms to the requirements of the Federal Occupational Safety and Health Act, the FCPAA, and Federal OSHA rules for approval of State occupational health and safety plans.

The penalty levels contained in the New Mexico OHSB Penalty Policy reflect increases to maximum, minimum and assessed penalties, to conform with SB 229 and in response to increased penalty assessments by OSHA. This policy is effective for all citations issued on or after

April 2, 2018

Maximum Civil Penalties

Type of Violation Old Penalty Levels

Effective 4/6/2017

New Penalty Levels

Effective 4/1/2018

  Willful or Repeat   $126,749   $129,412
  Serious     $12,675     $12,941
  Other than Serious     $12,675     $12,941
  Failure to Abate     $12,675     $12,941
  Posting     $12,675     $12,941


U.S. Department of Labor Cites El Paso Construction Company
For Trenching and Excavation Safety Hazards


Employers must post injury and illness summaries now through April
OSHA’s Form 300A
OSHA reminds employers of their obligation to post a copy of OSHA’s Form 300A, which summarizes job-related injuries and illnesses logged during 2015. The summary must be displayed in a common area where notices to employees are usually posted each year between Feb. 1 and April 30.

Businesses with 10 or fewer employees and those in certain low-hazard industries are exempt from OSHA recordkeeping and posting requirements. As of Jan. 1, 2015, certain previously exempt industries are now covered. Lists of both exempt and newly covered industries are available on OSHA’s website. Visit OSHA’s Recordkeeping Rule webpage for more information on recordkeeping requirements.


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