In Delaware, a serious violation of 29 CFR 1910.134 (Respiratory Protection) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Respiratory Protection is enforced for private construction employers by federal OSHA.
29 CFR 1910.134 · Delaware
Respiratory Protection Requirements in Delaware
Respiratory Protection in Delaware: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
DelawareGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
In FY2025, federal OSHA cited 29 CFR 1910.134 3 times in Delaware construction (0.8% of its construction citations there, the 22nd most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 1 citation.
3
1910.134 citations in Delaware construction, FY2025
(e)(1)
paragraph cited most in Delaware (1 citation)
2.0
fatal work injuries per 100,000 full-time workers, all industries, Delaware, 2024 (BLS)
Federal OSHA in Delaware: 29 CFR 1910.134, FY2025
Counted · 2026-09-263
citations of 29 CFR 1910.134 in 2 inspections
$14,300
penalties, current amounts ($15,321 as first proposed)
0.8%
of the 354 federal construction citations in Delaware
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 3 times in inspections of Delaware construction employers. It ranked 22nd of the 42 standards cited in them. By classification: 3 serious. Most-cited paragraphs: 1910.134(k) (1), 1910.134(e)(1) (1), 1910.134(f)(2) (1).
Counted by HazComFast from the U.S. Department of Labor's OSHA enforcement data (inspection and violation tables, retrieved September 26, 2026): citations issued October 1, 2024 – September 30, 2025 on federal OSHA inspections of construction employers (NAICS 23) in the state, deleted citations excluded, penalties at current amounts. OSHA's own cited-standards tool does not break federal states out; summed over every state, this count matches it within a few citations (6,778 for 1926.501, against 6,772). data.dol.gov
What federal OSHA is targeting in Delaware
Delaware has no state OSHA plan for private-sector work, so there is no state rule to read. What differs here is which hazards federal OSHA schedules inspections for, as set out in published emphasis directives.
Regional Emphasis Program for High Level Noise
2023-15 (CPL 4) · Philadelphia Regional Office · effective October 1, 2023
“This Instruction applies to all Federal Area Offices in Region 3.”
High-level noise is programmed across every federal area office in Region III. Together with the region's fall-hazard program, it covers every federal area office serving the District, Delaware, Pennsylvania and West Virginia: one directive on the construction side, one on the health side.
Harmful exposures and work deaths in Delaware, 2024
Delaware recorded 10 fatal work injuries in 2024, down from 11 in 2023. BLS did not publish a separate 2024 count of deaths from exposure to harmful substances or environments for Delaware. Construction accounted for 1.
Source: BLS Census of Fatal Occupational Injuries, Delaware, 2024
How Delaware Enforces 29 CFR 1910.134
Delaware has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1910.134 is enforced by U.S. Department of Labor compliance officers using standard federal procedures and the federal penalty maximums.
In Delaware, the FY2025 citations under 29 CFR 1910.134 went most often to Commercial and Institutional Building Construction (2) and Poured Concrete Foundation and Structure Contractors (1). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1910.134, before an officer arrives, are the most reliable defense.
Help and oversight in Delaware
Free, confidential help: OSHA On-Site Consultation
In Delaware, the program is Office of Safety and Health Consultation (Delaware Department of Labor – Division of Industrial Affairs). 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.
Who inspects private employers here
Federal OSHA, from the Wilmington Area Office (Wilmington).
Read on osha.gov and the state's official statute site, September 26, 2026.
Delaware Penalty Amounts for 29 CFR 1910.134 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $16,550 | Federal max · 29 CFR 1903.15(d) |
| Willful | $165,514 | Federal max · 29 CFR 1903.15(d) |
| Repeat | $165,514 | Federal max · 29 CFR 1903.15(d) |
| Failure to abate | $16,550/day | up to $16,550 per day; total capped at 30x the daily amount (FOM Ch.6) |
Delaware applies the federal OSHA maximums. Amounts are ceilings per violation. Federal OSHA reduces the proposed penalty for employer size, good faith and history (FOM CPL 02-00-164 Ch. 6). There was no inflation increase for 2026: the 2025 amounts remain in effect (OMB Memo M-26-11).
Key Respiratory Protection Requirements 29 CFR 1910.134
- Establish written respiratory protection program
- Conduct medical evaluations before fit testing
- Perform annual fit testing for tight-fitting respirators
- Provide NIOSH-certified respirators
- Train on proper use and limitations
- Designate qualified program administrator
Who enforces it in Delaware: Federal OSHA inspects private construction employers; Delaware has no State Plan.
The compliance checklist, the paragraphs OSHA cites nationally and what an inspector checks under 29 CFR 1910.134 are on the 29 CFR 1910.134 page.
Most-Cited Respiratory Protection Paragraphs in Delaware, FY2025
Federal OSHA issued 3 citations under 29 CFR 1910.134 to Delaware construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1910.134(e)(1) General. 1 citation
“The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator …”
- 2
1910.134(f)(2) 1 citation
“The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, …”
- 3
1910.134(k) Training and information. 1 citation
“This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more …”
HazComFast count from the Labor Department's OSHA enforcement data: citations issued in FY2025 to construction employers (NAICS 23), by the paragraph cited. Paragraph text: eCFR, current as of September 24, 2026. data.dol.gov
Delaware Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
354 of them in Delaware (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in Delaware, FY2025: Framing Contractors (53), Roofing Contractors (42) and Masonry Contractors (12), out of 187 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Delaware, FY2025: Commercial and Institutional Building Construction (2) and Poured Concrete Foundation and Structure Contractors (1), of 3 citations.
- Fatal injury rate in Delaware, 2024: 2.0 per 100,000 full-time workers, all industries. BLS did not publish a 2024 construction rate here.
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. HazComFast count from the Labor Department's OSHA enforcement data: citations issued in FY2025 to construction employers (NAICS 23), grouped by the cited 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 Respiratory Protection Compliance Tools
Respiratory Protection FAQ for Delaware
Which Delaware construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 3 citations under 29 CFR 1910.134 to Delaware construction employers, most often to Commercial and Institutional Building Construction (2) and Poured Concrete Foundation and Structure Contractors (1) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Federal OSHA inspects these employers directly, since Delaware has no state plan covering the private sector. For context, federal OSHA issued 354 citations across 151 inspections of Delaware construction employers in FY2025 (HazComFast count from Labor Department enforcement data). Companies in these trades should self-audit against 29 CFR 1910.134 on a recurring basis.
How often is Respiratory Protection cited on Delaware jobsites?
OSHA's cited-standards tool does not break Delaware out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 354 citations across 151 inspections of Delaware construction employers, 3 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in Delaware can come from any inspection: programmed, complaint-driven or post-accident. Delaware's fatality figures are shown above.
Who enforces respiratory protection in Delaware?
Federal OSHA, not a state agency. Delaware has no state plan, so federal compliance officers from OSHA's Philadelphia region inspect and cite 1910.134 in general industry and construction.
Can I get free OSHA help in Delaware without an inspection?
Yes. OSHA's On-Site Consultation Program in Delaware is Office of Safety and Health Consultation (Delaware Department of Labor – Division of Industrial Affairs). 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.
How often does federal OSHA cite 29 CFR 1910.134 in Delaware construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 3 times in 2 inspections of Delaware construction employers, with $14,300 in penalties at current amounts ($15,321 as first proposed), 0.8% of the 354 citations those inspections produced. It ranked 22nd of the 42 standards cited. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
Respiratory Protection Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Related standards
Respiratory Protection in Other States
14 other state plans write a rule of their own for 29 CFR 1910.134 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska8 AAC 61.1030Arizona29 CFR 1910.134 as adopted by A.A.C. R20-5-602, with R20-5-602.02 for Subpart UCalifornia8 CCR §5144, with §5141.1 for wildfire smokeown maxHawaii29 CFR 1910.134 as incorporated by HAR §12-60-50(a), with the air contaminant exhibits at (d)(3)Indiana610 IAC 9-3-1, incorporating 29 CFR 1904.0 to 1904.46 as it existed January 1, 2006own maxMaryland29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05own maxNevadaNRS 618.297 (wildfire smoke air quality)North Carolina13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6)
Other OSHA Standards in Delaware
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.
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