In Hawaii, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Confined Spaces is enforced for private construction employers by Hawaii Occupational Safety and Health (HIOSH).
29 CFR 1910.146 · Hawaii
Confined Spaces Requirements in Hawaii
Confined Spaces in Hawaii: 2026 penalties, who enforces 29 CFR 1910.146 as incorporated by HAR §12-60-50(a), with §12-60-7, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
HawaiiGeneral Industry (29 CFR 1910)State Plan: Hawaii Occupational Safety and Health (HIOSH)
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 Hawaii, Hawaii Occupational Safety and Health (HIOSH) enforces 29 CFR 1910.146. The federal maximum for a serious violation is $16,550.
$16,550
federal maximum for a serious violation
$165,514
federal maximum for a willful or repeat violation
2.7
fatal work injuries per 100,000 full-time workers, all industries, Hawaii, 2024 (BLS)
What Hawaii's own rule says
“Materials, devices, structures, and methods and procedures of operation which are required by these standards, and which are described by general descriptive terms such as adequate, proper, sufficient, and the like, shall be of such kind and quality as a reasonable and prudent person experienced in the work would require in order to effect a safe operation.”
The permit-space program is incorporated federal text in Hawaii, at the 2017 edition of Part 1910. What Hawaii adds is an interpretive rule that bites hardest in exactly this kind of standard: wherever a requirement uses a word like adequate, proper or sufficient (and a permit-space rule uses them repeatedly, on ventilation, on rescue, on testing) the measure is what a reasonable and prudent person experienced in the work would require. Hawaii turns those words into a stated standard rather than leaving them to argument.
29 CFR 1910.146 as incorporated by HAR §12-60-50(a), with §12-60-7The duty itself differs from the federal text.
Read in Hawaii Occupational Safety and Health (HIOSH)'s own rule text · verified 2026-08-09
Harmful exposures and work deaths in Hawaii, 2024
Hawaii recorded 16 fatal work injuries in 2024, the same as in 2023. BLS did not publish a separate 2024 count of deaths from exposure to harmful substances or environments for Hawaii. Construction accounted for 4.
Source: BLS Census of Fatal Occupational Injuries, Hawaii, 2024
How Hawaii Enforces 29 CFR 1910.146
Hawaii runs an OSHA-approved State Plan administered by Hawaii Occupational Safety and Health (HIOSH), which covers private-sector construction. Its compliance officers enforce Hawaii's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is 29 CFR 1910.146 as incorporated by HAR §12-60-50(a), with §12-60-7, which differs from the federal text (see the state rule above). Hawaii Occupational Safety and Health (HIOSH) issued no citations under 29 CFR 1910.146 in Hawaii construction in FY2025. Hawaii applies the federal penalty maximums.
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 Hawaii 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 Hawaii State Plan governs it. Start free
Help and oversight in Hawaii
Free, confidential help: OSHA On-Site Consultation
In Hawaii, the program is Consultation & Training Branch (Department of Labor & 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.
Read on osha.gov and the state's official statute site, September 26, 2026.
Hawaii Penalty Amounts for 29 CFR 1910.146 (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) |
Hawaii applies the federal OSHA maximums. Amounts are ceilings per violation. Hawaii Occupational Safety and Health (HIOSH) computes proposed penalties under its own State Plan procedures.
Key Confined Spaces Requirements 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 Hawaii: Hawaii Occupational Safety and Health (HIOSH) inspects private employers, construction included, under an OSHA-approved State Plan. Hawaii Occupational Safety and Health (HIOSH) 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 $16,550.
- 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)).
Hawaii Safety & Enforcement Profile
248
FY2025 construction citations
Hawaii Occupational Safety and Health (HIOSH)
Enforces private construction
- Construction trades inspected most in Hawaii, FY2025: New Single-Family Housing Construction (except For-Sale Builders) (19), Framing Contractors (13) and Electrical Contractors and Other Wiring Installation Contractors (12), out of 123 inspections opened (federal OSHA and State Plan combined).
- Fatal injury rate in Hawaii, 2024: 2.7 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 Confined Spaces Compliance Tools
Confined Spaces FAQ for Hawaii
Which Hawaii industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Hawaii, not the construction trades. Hawaii Occupational Safety and Health (HIOSH) 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 Hawaii?
29 CFR 1910.146 is enforced against general-industry employers in Hawaii, so the construction citation totals published for Hawaii (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' under 1910.146 in Hawaii?
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. Hawaii employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan, enforced by HIOSH.
Who enforces confined-space rules (1910.146) in Hawaii?
HIOSH, the Hawaii Occupational Safety and Health Division of the Department of Labor and Industrial Relations, not federal OSHA. Hawaii runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.146 on private jobsites.
Can I get free OSHA help in Hawaii without an inspection?
Yes. OSHA's On-Site Consultation Program in Hawaii is Consultation & Training Branch (Department of Labor & 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 R20-5-601California8 CCR §5157, with §5158 for spaces outside the permit programown maxMinnesota29 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 Hawaii
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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