In Illinois, 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 federal OSHA (the state plan, Illinois OSHA (IL OSHA), covers only public employees).
29 CFR 1910.146 · Illinois
Confined Spaces Requirements in Illinois
Confined Spaces in Illinois: 2026 penalties, who enforces 29 CFR 1910.146, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
IllinoisGeneral Industry (29 CFR 1910)Federal OSHA (private) · State plan (public)
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 Illinois, federal OSHA 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, Illinois, 2024 (BLS)
Federal OSHA in Illinois: 29 CFR 1910.146, FY2025
Counted · 2026-09-265
citations of 29 CFR 1910.146 in 1 inspections
$10,371
penalties, current amounts ($10,371 as first proposed)
0.2%
of the 3,267 federal construction citations in Illinois
In FY2025, federal OSHA cited 29 CFR 1910.146 (Confined Spaces) 5 times in inspections of Illinois construction employers. It ranked 33rd of the 65 standards cited in them. By classification: 5 serious. Most-cited paragraphs: 1910.146(d)(5)(i) (1), 1910.146(k)(1)(ii) (1), 1910.146(k)(3)(ii) (1).
NAICS 23 classifies the employer, not the work. 29 CFR 1910.146 does not govern construction work, so these citations do not measure what happens on construction jobsites.
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 Illinois
Illinois 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 Grain Handling Facilities
CPL 04-05-2301 · Chicago Regional Office · effective October 1, 2023
“The Notice applies to grain handling facilities within the jurisdiction of all Region V Area OSHA Offices.”
Grain handling is programmed across every Region V area office. It matters here because the grain handling standard, 1910.272, requires an entry permit for bins, silos and tanks unless the employer or its representative is present, and requires dangerous equipment to be locked out before entry, so a grain inspection looks at entry permits and energy control.
Regional Emphasis Program for Transportation Tank Cleaning Operations
CPL 04-00-028 · Chicago Regional Office · effective August 2, 2021
“This Instruction applies to all worksites in Illinois, Ohio, and Wisconsin, and those worksites in Michigan, Minnesota, and Indiana under federal jurisdiction.”
Tank cleaning names its states outright rather than its area offices: all worksites in Illinois, Ohio and Wisconsin. It is also the one that puts all three chemical standards in the same inspection: the residues are hazardous chemicals under 1910.1200, the tank is a permit-required confined space, and entry means respiratory protection.
Harmful exposures and work deaths in Illinois, 2024
Illinois recorded 156 fatal work injuries in 2024, up from 145 in 2023. Exposure to harmful substances or environments caused 11 of them (7%). Construction accounted for 26.
Source: BLS Census of Fatal Occupational Injuries, Illinois, 2024
How Illinois Enforces 29 CFR 1910.146
Illinois operates an OSHA-approved state plan (Illinois OSHA (IL OSHA)), but it covers only state and local government employees. Private-sector construction employers in Illinois are inspected by federal OSHA, which enforces 29 CFR 1910.146 directly using the federal penalty maximums. So if you run a private construction company in Illinois, Confined Spaces citations come from a federal Department of Labor compliance officer, not Illinois OSHA (IL OSHA).
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). An Illinois 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.
For a private-sector jobsite in Illinois, HazComFast shows that federal OSHA has jurisdiction, because the state plan covers public employers only. Start free
Help and oversight in Illinois
Free, confidential help: OSHA On-Site Consultation
In Illinois, the program is Illinois On-site Consultation (Illinois Department of Labor). 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.
A State Plan for public employers only
“Illinois OSHA covers all state and local government workers in the state.” “OSHA also exercises authority over private sector employers in the state and federal OSHA standards apply to these workers.”
Initial approval September 01, 2009 · 29 CFR 1952.27 · osha.gov
Who inspects private employers here
Federal OSHA, from the Chicago North Area Office (Arlington Heights), the Chicago South Area Office (Tinley Park), the Fairview Heights Area Office (Fairview Heights), the Naperville Area Office (Naperville) and the Peoria Area Office (Peoria).
Read on osha.gov and the state's official statute site, September 26, 2026.
Illinois 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) |
Illinois 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 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 Illinois: Federal OSHA inspects private construction employers; the Illinois OSHA (IL OSHA) State Plan covers state and local government workers only.
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)).
Illinois Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
3,267 of them in Illinois (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in Illinois, FY2025: Roofing Contractors (558), Framing Contractors (154) and Highway, Street, and Bridge Construction (133), out of 1,431 inspections opened (federal OSHA and State Plan combined).
- Construction fatality rate in Illinois, 2024: 8.4 per 100,000 full-time workers, 26th highest of the 40 states BLS published (all industries: 2.7).
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 Illinois
Which Illinois industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Illinois, not the construction trades. Private-sector employers answer to federal OSHA (the Illinois OSHA (IL OSHA) plan covers only public workers). 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 Illinois?
29 CFR 1910.146 is enforced against general-industry employers in Illinois, so the construction citation totals published for Illinois (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).
Which OSHA rule governs grain bin entry in Illinois?
At grain elevators, feed mills and the other facilities listed in 29 CFR 1910.272(b)(1), entry into bins, silos and tanks is governed by 1910.272(g). The employer must issue an entry permit unless the employer or its representative is present for the entire operation, and must de-energize and lock out, tag, block off or otherwise prevent from operating the mechanical, electrical, hydraulic and pneumatic equipment that presents a danger inside. The standard also requires a body harness with lifeline where the grain poses an engulfment hazard, an observer stationed outside, and rescue equipment suited to the structure, and it prohibits walking down grain. 29 CFR 1910.146 does not apply to agriculture.
Who enforces confined-space rules (1910.146) for a private Illinois employer?
Federal OSHA. Illinois's state plan covers only public employees, so a compliance officer from OSHA's Chicago region inspects and cites 1910.146 (and, for grain, 1910.272) on private jobsites, at the federal penalty maximums.
Can I get free OSHA help in Illinois without an inspection?
Yes. OSHA's On-Site Consultation Program in Illinois is Illinois On-site Consultation (Illinois Department of Labor). 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 1910.146 in Illinois construction?
In FY2025, federal OSHA cited 29 CFR 1910.146 (Confined Spaces) 5 times in 1 inspections of Illinois construction employers, with $10,371 in penalties at current amounts ($10,371 as first proposed), 0.2% of the 3,267 citations those inspections produced. It ranked 33rd of the 65 standards cited. NAICS 23 classifies the employer, not the work: 29 CFR 1910.146 does not govern construction work itself. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
Confined Spaces Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Confined Spaces in Other States
14 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 maxHawaii29 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 1926.1130
Other OSHA Standards in Illinois
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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