Heat rules in New Mexico: the proposed rule 11.5.7 NMAC
What New Mexico's proposed Heat Illness and Injury Prevention rule says at a heat index of 80 degrees Fahrenheit: a written plan, acclimatization, water, paid rest breaks, cooling areas and training, and what the hearing notice and fact sheet report.
Checked against the sources at the bottom of this page on October 9, 2026. Rules, fees and pay change: the source has the last word.
This page reports what the official source says. It is not legal advice: ask the office named here. It restates the proposed rule 11.5.7 NMAC from the New Mexico Environment Department's Occupational Health and Safety Bureau, in the file dated March 16, 2026, together with the Environmental Improvement Board's hearing notice and the Bureau's employer fact sheet, as read on October 9, 2026. The rule text is headed "Proposed", its effective date is a blank placeholder, and the pages read show no adoption notice. The New Mexico Register, the state's official publication for adopted rules, lists no adoption of 11.5.7 NMAC in its adopted-rule lists for 2025 and for 2026 up to issue 19, or in its cumulative index for 2026 issues 1 to 18, as read on October 9, 2026. New Mexico runs its own OSHA State Plan, as OSHA's State Plans page lists. The comparison of every place is on the heat rules overview.
Background in the official documents
The Register notice of April 22, 2025 announces a hearing before the Environmental Improvement Board, case EIB 25-11(R), beginning July 16, 2025, to consider a petition by the Department to add 11.5.7 NMAC. It says the Board may decide at the end of the hearing or at a later meeting. The fact sheet for employers says New Mexico OSHA received over 230 heat-related complaints from workers after adopting federal OSHA's heat National Emphasis Program in May 2023, and that the hearing was set for July 16 and 17, 2025.
What the proposed text says
| Topic | What the proposed rule says |
|---|---|
| Scope and trigger | Indoor and outdoor workplaces under the general industry, construction, agriculture and convenience store standards. Control measures apply where the heat index exceeds 80 degrees Fahrenheit. High heat means 100 degrees Fahrenheit and above |
| Exemptions | Incidental exposure of fifteen minutes or less per hour; emergency response operations; telework; buildings and vehicles whose mechanical ventilation keeps the heat index below 80 degrees |
| Written plan | In English and the language most employees understand, available at the worksite, covering the heat assessment, control measures, high-heat procedures, acclimatization, emergency medical care and training |
| Assessment | A heat exposure assessment for each worksite where the heat index is expected to exceed 80 degrees, repeated annually |
| Acclimatization | New workers coming from cooler or light work into moderate or heavier work at a heat index of 80 or above: closely observed by a supervisor for the first seven days, no more than 20 percent of the usual time in the heat on day one, then no more than a 20 percent increase a day. New workers already used to that heat and work intensity are exempt. Workers back after seven or more days, or in a new work area: 50, 60, 80 then 100 percent, or a three-day monitoring procedure |
| Water | At least one quart of drinking water per hour, as close as practical to the work, at no cost |
| Rest breaks | Paid. Fifteen minutes for every two hours when the heat index is below 100 degrees. In high heat, a schedule from the rule's Table 3, the NIOSH schedule, or one set out in the plan |
| Cooling areas | Shade open to the air or mechanically ventilated, big enough for the employees seated. The rule says a car sitting in the sun is not acceptable shade unless it is running with air conditioning |
| Monitoring and training | At least one monitoring method, such as a buddy system or pre-shift meetings. Training at the employer's expense at the start of employment and annually |
| Records and reporting | Training records kept for a minimum of five years. All heat illness or related injury reported within 24 hours of the employer learning of it, including cases needing only first aid |
The presumption clause
The draft's section 11.5.7.14 says that if a medical professional diagnoses a heat illness or injury and the exposure happened within the worker's shift, the case constitutes a violation, subject to enforcement under section 50-9-17 NMSA 1978, which an employer may rebut with clear and convincing evidence. It adds that the employer must then adopt all the rule's specified schedules for 3 years. The draft's work-rest table is adapted from the American Conference of Governmental Industrial Hygienists threshold limits, as the file states.
Sources
- New Mexico Environment Department, Proposed Heat Illness and Injury Prevention Rule 11.5.7 NMAC, file dated March 16, 2026, read October 9, 2026
- New Mexico Register, Volume XXXVI Issue 8, April 22, 2025, Environmental Improvement Board notice of proposed rulemaking hearing EIB 25-11(R), read October 9, 2026
- New Mexico Environment Department, Fact Sheet for the New Mexico Heat Injury and Illness Rule (employers), 2025, read October 9, 2026
- OSHA, State Plans, read October 9, 2026
- New Mexico Register, Cumulative Index, Volume XXXVII, Issues 1 to 18, read October 9, 2026
- New Mexico Register, issues and adopted-rule lists, read October 9, 2026