In Delaware, a serious violation of 29 CFR 1926.1052 (Stairways (Construction)) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Stairways (Construction) is enforced for private construction employers by federal OSHA.
29 CFR 1926.1052 · Delaware
Stairways (Construction) Requirements in Delaware
Stairways (Construction) in Delaware: 2026 penalties, who enforces 29 CFR 1926.1052, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
DelawareConstruction (29 CFR 1926)Federal OSHA Jurisdiction
Federal OSHA issued no citations under 29 CFR 1926.1052 to Delaware construction employers in FY2025. The federal maximum for a serious violation is $16,550.
0
1926.1052 citations in Delaware construction, FY2025
(c)(1)(i)
paragraph federal OSHA cited most nationwide (48 citations)
2.0
fatal work injuries per 100,000 full-time workers, all industries, Delaware, 2024 (BLS)
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 Fall Hazards in the Construction Industry
2023-01 (CPL 04) · Philadelphia Regional Office · effective October 1, 2023 · expires September 30, 2028
“This Instruction applies to all Area Offices in Region III.”
Fall hazards are the named target across every area office in Region III, and the directive says why in its own background: the Bureau of Labor Statistics recorded 393 deaths from falls to a lower level in construction in 2021, up from 321 in 2018. The program runs to September 30, 2028. A fall-protection citation in this region is more likely to come from a scheduled inspection than from a complaint.
Falls 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 falls, slips and trips for Delaware. Construction accounted for 1.
Source: BLS Census of Fatal Occupational Injuries, Delaware, 2024
How Delaware Enforces 29 CFR 1926.1052
Delaware has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1926.1052 is enforced by U.S. Department of Labor compliance officers using standard federal procedures and the federal penalty maximums.
A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1926.1052, 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 1926.1052 (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 Stairways (Construction) Requirements 29 CFR 1926.1052
- Build stairways at 30° to 50° angle
- Provide handrails on open sides above 30 inches
- Stair rails must be 36 inches high (from stair tread)
- Use uniform riser height and tread depth
- Install mid-rails or screens between top rail and stringer
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 1926.1052 are on the 29 CFR 1926.1052 page.
Stairways (Construction) Citations in Delaware, FY2025
Federal OSHA issued no citations under 29 CFR 1926.1052 to Delaware construction employers in FY2025. For reference, the paragraphs federal OSHA cited most nationwide:
Federal OSHA, construction, FY2025: 132 citations under 29 CFR 1926.1052.
- 1
1926.1052(c)(1)(i) 48 citations
“At least one handrail; and”
- 2
1926.1052(c)(1)(ii) 37 citations
“One stairrail system along each unprotected side or edge.”
- 3
1926.1052(c)(1) 27 citations
“Stairways having four or more risers or rising more than 30 inches (76 cm), whichever is less, shall be equipped with:”
- 4
1926.1052(c)(12) 9 citations
“Unprotected sides and edges of stairway landings shall be provided with guardrail systems. Guardrail system criteria are contained in subpart M of this part.”
- 5
1926.1052(b)(1) 3 citations
“Except during stairway construction, foot traffic is prohibited on stairways with pan stairs where the treads and/or landings are to be filled in with concrete or other material …”
- 6
1926.1052(b)(3) 2 citations
“Treads for temporary service shall be made of wood or other solid material, and shall be installed the full width and depth of the stair.”
HazComFast count from the Labor Department's OSHA enforcement data: every federal OSHA citation issued in FY2025 to a construction employer (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).
- 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. Industry names are the Census Bureau's 2022 NAICS titles. data.dol.gov · BLS fatality rates by state, 2024
Free Stairways (Construction) Compliance Tools
Stairways (Construction) FAQ for Delaware
Which Delaware construction trades are inspected most?
The construction trades inspected most in Delaware in FY2025 were Framing Contractors (53), Roofing Contractors (42) and Masonry Contractors (12), out of 187 inspections opened, federal OSHA and State Plan combined (HazComFast count from Labor Department enforcement data). Federal OSHA issued no citations under 29 CFR 1926.1052 to Delaware construction employers that year. 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 1926.1052 on a recurring basis.
How often is Stairways (Construction) 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, none of them under 29 CFR 1926.1052 (HazComFast count). A Stairways (Construction) citation in Delaware can come from any inspection: programmed, complaint-driven or post-accident. Delaware's fatality figures are shown above.
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.
Stairways (Construction) Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Related standards
Stairways (Construction) in Other States
9 other state plans write a rule of their own for 29 CFR 1926.1052 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska29 CFR 1926.1052 as adopted by 8 AAC 61.1010(c), with 8 AAC 61.1015 on postingArizona29 CFR 1926.1052 as adopted by A.A.C. R20-5-601California8 CCR §1626own maxHawaii29 CFR 1926.1052 as incorporated by HAR §12-110-50(a), with §12-110-3(c)MichiganMIOSHA Construction Safety Standard Part 21, R 408.42127 to R 408.42157own maxMinnesotaMinn. R. 5207.0250, subp. 4NevadaNAC 618.505 and NAC 618.507Utah29 CFR 1926.1052 as incorporated by R614-1-4.A.4, with R614-1-5.D.5own max
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.
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.
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