Under the terms of the 1978 Court Order in AFL-CIO v. Marshall, compliance staffing levels ("benchmarks") necessary for a "fully
effective" enforcement program were required for each State operating an approved State plan. In May 1992, New Mexico completed, in conjunction with
OSHA, a reassessment of the staffing levels initially established in 1980 and proposed revised benchmarks of 7 safety and 3 health compliance
officers. After opportunity for public comment and service on the AFL-CIO, the Assistant Secretary approved these revised staffing requirements on
August 11, 1994.
[59 FR 42495, Aug. 18, 1994]