In California, a serious Confined Spaces violation carries a maximum penalty of $25,000 per violation in 2026, rising to $162,851 for a willful or repeat violation. Confined Spaces is enforced for private construction employers by Cal/OSHA (Division of Occupational Safety and Health), under 8 CCR §5157, with §5158 for spaces outside the permit program rather than 29 CFR 1910.146. California sets its own maximums, above the federal amount for serious violations and below it for willful and repeat violations.
29 CFR 1910.146 · California
Confined Spaces Requirements in California
Confined Spaces in California: 2026 penalties, who enforces 8 CCR §5157, with §5158 for spaces outside the permit program, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
CaliforniaGeneral Industry (29 CFR 1910)State Plan: Cal/OSHA (Division of Occupational Safety and Health)State-set maximums
29 CFR 1910.146 does not apply to construction work; on a jobsite the rule is 29 CFR 1926 Subpart AA (1926.1201–1213). In California, Cal/OSHA (Division of Occupational Safety and Health) enforces the state's own rule on this subject, 8 CCR §5157, with §5158 for spaces outside the permit program. A serious violation carries up to $25,000 in California.
$25,000
maximum for a serious violation in California
$162,851
maximum for a willful or repeat violation in California
2.4
fatal work injuries per 100,000 full-time workers, all industries, California, 2024 (BLS)
What California's own rule says
Permit-required confined space entry in California sits at §5157 and tracks the federal program: permits, attendants, entry supervisors, atmospheric testing, rescue. The structural difference is what sits beside it: §5158 covers confined spaces in the industries and operations listed in §5156(b)(2) that are not run under a permit program, and it defines its own trigger, a space where existing ventilation is insufficient to remove dangerous air contamination and where removing a suddenly disabled employee would be difficult. Dangerous air contamination is fixed at 20 percent of the lower explosive limit for a gas or vapor. Running a §5157 permit program satisfies §5158, so the practical effect is that California leaves no gap for a space that is confined but not permit-required.
8 CCR §5157, with §5158 for spaces outside the permit programThe duty itself differs from the federal text.
Read in Cal/OSHA (Division of Occupational Safety and Health)'s own rule text · verified 2026-08-08
Harmful exposures and work deaths in California, 2024
California recorded 419 fatal work injuries in 2024, down from 439 in 2023. Exposure to harmful substances or environments caused 83 of them (20%). Construction accounted for 82.
Source: BLS Census of Fatal Occupational Injuries, California, 2024
How California Enforces Confined Spaces
California runs an OSHA-approved State Plan administered by Cal/OSHA (Division of Occupational Safety and Health), which covers private-sector construction. Its compliance officers enforce California's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is 8 CCR §5157, with §5158 for spaces outside the permit program, which differs from the federal text (see the state rule above). California also sets its own civil-penalty maximums, above the federal amount for serious violations and below it for willful and repeat violations (see the penalty table below).
29 CFR 1910.146 is a general-industry standard and does not govern construction work. “This section does not apply to agriculture, to construction, or to shipyard employment”. Construction confined spaces are 29 CFR 1926 Subpart AA (1926.1201–1213), a separate standard with its own duties. It is not universal either: 1926.1201(b) carves out work already regulated by Subpart P (excavations), Subpart S (underground construction, caissons, cofferdams, compressed air) and Subpart Y (diving). A California contractor auditing against 29 CFR 1910.146 is auditing against the wrong standard. The citation an officer writes on a construction site will name the 1926 provision, not this one.
HazComFast records the state of every jobsite and shows that the California State Plan governs it. Start free
Help and oversight in California
Free, confidential help: OSHA On-Site Consultation
In California, the program is CAL/OSHA Consultation Services Branch (Department of Industrial Relations). OSHA describes it as “Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs.” It is separate from OSHA enforcement; the employer commits to correcting serious hazards.
California consultation program · OSHA consultation directory
Read on osha.gov and the state's official statute site, September 26, 2026.
California Penalty Amounts for Confined Spaces (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $25,000 | California state maximum |
| Willful | $162,851 | California state maximum |
| Repeat | $162,851 | California state maximum |
| Failure to abate | $15,000/day | California state maximum per day |
Cal/OSHA sets its own maximums (8 CCR §336; willful/repeat adjusted annually, 2025 amount): serious up to $25,000 (statutory cap); willful/repeat up to $162,851. Amounts are ceilings per violation. Cal/OSHA (Division of Occupational Safety and Health) computes proposed penalties under its own State Plan procedures.
Key Confined Spaces Requirements Under the Federal Standard 29 CFR 1910.146
- Evaluate workplace for confined spaces
- Develop written permit space program
- Test atmosphere before and during entry
- Provide ventilation to control hazardous atmospheres
- Station an attendant outside each permit space
- Arrange rescue services before entry begins
- Issue entry permits for each entry
Who enforces it in California: Cal/OSHA (Division of Occupational Safety and Health) inspects private employers, construction included, under an OSHA-approved State Plan. Cal/OSHA (Division of Occupational Safety and Health) can add requirements beyond the federal standard above, so check its own rules as well.
The compliance checklist, the paragraphs OSHA cites nationally and what an inspector checks under 29 CFR 1910.146 are on the 29 CFR 1910.146 page.
What a Confined Spaces Violation Looks Like
Each item below breaches a specific paragraph of 29 CFR 1910.146. It is a list of requirements, not a ranking. A serious violation carries up to $25,000.
- Failing to evaluate the workplace to identify permit-required confined spaces (1910.146(c)(1)).
- Entry without atmospheric testing or with an atmosphere outside the acceptable ranges (1910.146(c)(5)/(d)).
- No written permit-space program, or no signed entry permit for the entry (1910.146(c)(4)/(e)).
- No attendant stationed outside, or the attendant entering to attempt a rescue (1910.146(i)/(k)).
- No arranged rescue and emergency services before entry (1910.146(k)).
California Safety & Enforcement Profile
3,546
FY2025 construction citations
Cal/OSHA (Division of Occupational Safety and Health)
Enforces private construction
- Construction trades inspected most in California, FY2025: Commercial and Institutional Building Construction (395), Roofing Contractors (223) and New Single-Family Housing Construction (except For-Sale Builders) (198), out of 2,196 inspections opened (federal OSHA and State Plan combined).
- Construction fatality rate in California, 2024: 6.2 per 100,000 full-time workers, 37th highest of the 40 states BLS published (all industries: 2.4).
- Cal/OSHA's heat illness standard, 8 CCR §3395, applies to all outdoor places of employment, and it lists construction among the industries that must also follow its high-heat procedures. (8 CCR §3395(a)(1)-(2))
HazComFast count from the Labor Department's OSHA enforcement data: inspections of construction employers (NAICS 23) opened from October 1, 2024 to September 30, 2025, federal OSHA and State Plan combined, grouped by the inspected employer's 2022 NAICS industry. Industry names are the Census Bureau's 2022 NAICS titles. data.dol.gov · BLS fatality rates by state, 2024
Free Confined Spaces Compliance Tools
Confined Spaces FAQ for California
What are the penalties for Confined Spaces violations in California in 2026?
In California, a serious Confined Spaces violation carries a maximum penalty of $25,000 per violation, and a willful or repeat violation up to $162,851. California sets its own maximums, above the federal amount for serious violations and below it for willful and repeat violations. Cal/OSHA sets its own maximums (8 CCR §336; willful/repeat adjusted annually, 2025 amount): serious up to $25,000 (statutory cap); willful/repeat up to $162,851. Each distinct violation can be cited as its own item. (Source: 8 CCR §336; verified 2026-10-05.)
Which California industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in California, not the construction trades. Cal/OSHA (Division of Occupational Safety and Health) inspects these employers directly and may apply requirements beyond the federal standard. A construction employer should not audit against 29 CFR 1910.146: the standard that governs the same work on a jobsite is 29 CFR 1926 Subpart AA (1926.1201–1213).
How often is Confined Spaces cited in California?
29 CFR 1910.146 is enforced against general-industry employers in California, so the construction citation totals published for California (OSHA Frequently Cited Standards, NAICS 23) do not measure it. “This section does not apply to agriculture, to construction, or to shipyard employment”. Construction confined spaces are 29 CFR 1926 Subpart AA (1926.1201–1213), a separate standard with its own duties. It is not universal either: 1926.1201(b) carves out work already regulated by Subpart P (excavations), Subpart S (underground construction, caissons, cofferdams, compressed air) and Subpart Y (diving). A construction employer should not audit against 29 CFR 1910.146: the standard that governs the same work on a jobsite is 29 CFR 1926 Subpart AA (1926.1201–1213).
What makes a space a 'permit-required confined space' in California?
Under Title 8 §5157, a confined space is permit-required if it has a hazardous atmosphere (or the potential for one), an engulfment hazard, an inward-converging configuration that could trap a worker, or any other recognized serious hazard. California employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan.
Who enforces confined-space rules in California?
Cal/OSHA, the Division of Occupational Safety and Health within the Department of Industrial Relations, not federal OSHA. California runs an OSHA-approved State Plan and enforces permit-required confined spaces under Title 8 §5157, at serious penalties up to $25,000 and willful/repeat up to $162,851.
Can I get free OSHA help in California without an inspection?
Yes. OSHA's On-Site Consultation Program in California is CAL/OSHA Consultation Services Branch (Department of Industrial Relations). OSHA describes it this way: "Primarily for smaller businesses, no-cost, confidential consultations help employers identify and address hazards and establish or improve safety and health programs." Consultations are separate from OSHA enforcement, and the employer commits to correcting serious hazards.
Confined Spaces Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Confined Spaces in Other States
13 other state plans write a rule of their own for 29 CFR 1910.146 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska8 AAC 61.1050Arizona29 CFR 1910.146 as adopted by A.A.C. R20-5-602; construction spaces under R20-5-601Hawaii29 CFR 1910.146 as incorporated by HAR §12-60-50(a), with §12-60-7Minnesota29 CFR 1910.146 as adopted by Minn. R. 5205.0010, with Minn. R. 5207.0510NevadaNRS 618.383 and NRS 618.305 (sources for standards)New Mexico29 CFR 1910.146 as incorporated by 11.5.2.9(A) NMACown maxNorth Carolina13 NCAC 07F .0207, incorporating bloodborne pathogens into construction at 29 CFR 1926.1130South Carolina29 CFR 1910.146 as adopted by Subarticle 6; competent person for excavations revised at Subarticle 7, modification Fown max
Other OSHA Standards in California
Sources & verification
Penalty amounts and plan-type data were checked on 2026-10-05 against eCFR, OSHA.gov, and the Federal Register. This page is informational and not legal advice; consult the enforcing agency or counsel for your specific situation.
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, California
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