N.M. Stat. » Chapter 50 — Employment Law
New Mexico Statutes

N.M. Stat. § 50-9-1 (2026)

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✓ current as of May 2026
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Sections 50-9-1 through 50-9-25 NMSA 1978 may be cited as the "Occupational Health and Safety Act". History: 1953 Comp., § 59-14-1, enacted by Laws 1972, ch. 63, § 1; 1975, ch. 290, § 1; 1993, ch. 322, § 1.

ANNOTATIONS

Cross references. — For Occupational Disease Disablement Law, see 52-3-1 NMSA 1978 et seq.

The 1993 amendment, effective April 8, 1993, substituted "50-9-1 through 50-9-25 NMSA 1978" for "59-14-1 through 59-14-24 NMSA 1953".

Am. Jur. 2d, A.L.R. and C.J.S. references. — 61 Am. Jur. 2d Plant and Job Safety - OSHA and State Laws § 131 et seq.

Violation of OSHA regulation as affecting tort liability, 79 A.L.R.3d 962.

Liability of employer with regard to inherently dangerous work for injuries to employees of independent contractor, 34 A.L.R.4th 914.

Duty and liability of subcontractor to employee of another contractor using equipment or apparatus of former, 55 A.L.R.4th 725.

Tort liability for window washer's injury or death, 69 A.L.R.4th 207.

What constitutes "substantial evidence" within meaning of § 6(f) of the Occupational Safety and Health Act (29 U.S.C.S. § 655(f)) providing that the secretary of labor's determinations shall be conclusive if supported by substantial evidence in the record considered as a whole, 25 A.L.R. Fed. 150.

OSHA violation by employer or third party as providing cause of action for employee, 35 A.L.R. Fed. 461.

United States' tort liability for nonenforcement of OSHA, 35 A.L.R. Fed. 963.

Machinery and machine guarding OSHA general industry standards (29 CFR §§ 1910.211 - 1910.222), 38 A.L.R. Fed. 507.

Validity, construction, and application of personal protective equipment subpart of OSHA general industry standards (29 CFR §§ 1910.132 - 1910.140), 39 A.L.R. Fed. 141.

Pre-emptive effect of Occupational Safety and Health Act of 1970 (29 USCS §§ 651 - 678) and standards issued thereunder, 88 A.L.R. Fed. 833.

When has employer "repeatedly" violated Occupational Safety and Health Act within meaning of § 17(a) of Act (29 USCA § 666(a)), 151 A.L.R. Fed. 1 Who is "employer" for purposes of Occupational Safety and Health Act (29 USCA §§ 651 et seq.), 153 A.L.R. Fed. 303.

What constitutes "willful" violation for purposes of §§ 17(a) or (e) of Occupational Safety and Health Act of 1970 (29 U.S.C.A. § 666(a) or § 666(e)), 161 A.L.R. Fed. 561.

51 C.J.S. Labor Relations §§ 11, 12; 30 C.J.S. Employers' Liability § 52 et seq.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1981–2024 · leading case: Gutierrez v. Sundancer Indian Jewelry, Inc., 868 P.2d 1266 (N.M. Ct. App. 1993).
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Gutierrez v. Sundancer Indian Jewelry, Inc., 868 P.2d 1266 (N.M. Ct. App. 1993). · cites it 4× “We hold that the record presents questions of material fact precluding summary judgment on Defendant's accord and satisfaction theory; that Plaintiff's complaint states a common-law cause of action for wrongful discharge; and that the New Mexico Occupational Health and Safety…”
Valdez v. Cillessen & Son, Inc., 734 P.2d 1258 (N.M. 1987). · cites it 2× “Cillessen, claiming it has never conceded there was a violation of the New Mexico Occupational Health and Safety Act, NMSA 1978, Sections 50-9-1 to -25 (Orig. Pamp. and Cum.”
Schwartzman, Inc. v. Atchison, Topeka & Santa Fe Ry. Co., 857 F. Supp. 838 (D.N.M. 1994). · cites it 2× “§§ 651-678 and N.M.Stat.Ann. §§ 50-9-1 to -25. The court recited the four section 286 Restatement factors, but did not apply them.”
Casillas v. S.W.I.G., 628 P.2d 329 (N.M. Ct. App. 1981). · cites it 2× “When his expert testimony reached the point at which such lack of safety devices was to be shown, plaintiff, for some unaccountable reason, requested the court to refer to the Occupational Health and Safety Act (OSHA), § 50-9-1 et seq., N.M.S.A. 1978. After much objection and…”
Inca Constr. Co. v. Rogers, 1997 NMCA 056 (N.M. Ct. App. 1997). · cites it 2× “See NMSA 1978, §§ 50-9-1 to -25 (Repl.Pamp.1993).”
Morgan v. Cmty. Against Violence (D.N.M. 2023). · cites it 2× “(“Rehabilitation Act”); and (7) the New Mexico Occupational Health and Safety Act, NMSA 1978 §§ 50-9-1 to 50-9-25 (2023) (“NMOSHA”).”
Morgan v. Cmty. Against Violence (D.N.M. 2024). · cites it 2× “(“Rehabilitation Act”); and (7) the New Mexico Occupational Health and Safety Act, NMSA 1978 §§ 50-9-1 to 50-9-25 (2023) (“NMOSHA”).”
Mesfin v. Sw. Airlines (N.M. Ct. App. 2021). · cites it 2× “§§ 651-678 (2018), and the New Mexico Occupational Health and Safety Act (NMOHSA), NMSA 1978, §§ 50-9-1 to -25 (1972, as amended through 2017), both of which require employers to provide their employees a safe work environment.”
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