In Indiana, a serious violation of 29 CFR 1910.134 (Respiratory Protection) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Respiratory Protection is enforced for private construction employers by Indiana Occupational Safety and Health Administration (IOSHA). Indiana sets its own maximums, below the federal baseline.
29 CFR 1910.134 · Indiana
Respiratory Protection Requirements in Indiana
Respiratory Protection in Indiana: 2026 penalties, who enforces 610 IAC 9-3-1, incorporating 29 CFR 1904.0 to 1904.46 as it existed January 1, 2006, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
IndianaGeneral Industry (29 CFR 1910)State Plan: Indiana Occupational Safety and Health Administration (IOSHA)State-set maximums
In FY2025, Indiana Occupational Safety and Health Administration (IOSHA) cited 29 CFR 1910.134 4 times in Indiana construction (1% of its construction citations there, the 23rd most-cited standard there). The paragraph cited most was 1910.134(c)(2)(ii) with 1 citation.
4
1910.134 citations in Indiana construction, FY2025
(c)(2)(ii)
paragraph cited most in Indiana (1 citation)
7.6
fatal work injuries per 100,000 full-time workers in construction, Indiana, 2024 (BLS)
Indiana 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-084
citations of 29 CFR 1910.134 (FY2025)
$2,850
penalties for this standard
1%
of the state's 411 construction citations
In FY2025, Indiana Occupational Safety and Health Administration (IOSHA) cited 29 CFR 1910.134 (Respiratory Protection) 4 times on Indiana construction jobsites with $2,850 in penalties for it (current amounts), about 1% of every construction citation the state issued that year. That put it 23rd on Indiana's most-cited construction list for FY2025.
What Indiana's own rule says
“The commissioner of labor hereby incorporates by reference Sections 1904.0 through 1904.46 of 29 CFR 1904 (recording and reporting occupational injuries and illnesses) as it existed on January 1, 2006.”
Respiratory protection itself is federal text in Indiana. The recording side is not current federal text: injury and illness recording runs on 29 CFR 1904 as it stood on January 1, 2006, with one carve-out worth knowing. The Indiana Act is read in place of the federal Act everywhere except in 1904.40(b)(1)(ii) and (iii), where the federal meaning is kept. A respirator-related illness case therefore gets recorded under a twenty-year-old version of the recording rules.
610 IAC 9-3-1, incorporating 29 CFR 1904.0 to 1904.46 as it existed January 1, 2006The duty itself differs from the federal text.
Harmful exposures and work deaths in Indiana, 2024
Indiana recorded 135 fatal work injuries in 2024, down from 157 in 2023. Exposure to harmful substances or environments caused 25 of them (19%). Construction accounted for 19.
Source: BLS Census of Fatal Occupational Injuries, Indiana, 2024
How Indiana Enforces 29 CFR 1910.134
Indiana runs an OSHA-approved State Plan administered by Indiana Occupational Safety and Health Administration (IOSHA), which covers private-sector construction. Its compliance officers enforce Indiana's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is 610 IAC 9-3-1, incorporating 29 CFR 1904.0 to 1904.46 as it existed January 1, 2006, which differs from the federal text (see the state rule above). Indiana Occupational Safety and Health Administration (IOSHA) cited 29 CFR 1910.134 4 times in Indiana construction in FY2025 (OSHA Frequently Cited Standards). Indiana also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
In Indiana, the FY2025 citations under 29 CFR 1910.134 went most often to Other Building Finishing Contractors (3) and Plumbing, Heating, and Air-Conditioning Contractors (1). A single inspection can produce several per-instance citations. Recurring self-audits against 610 IAC 9-3-1, incorporating 29 CFR 1904.0 to 1904.46 as it existed January 1, 2006, before an officer arrives, are the most reliable defense.
HazComFast records the state of every jobsite and shows that the Indiana State Plan governs it. Start free
Help and oversight in Indiana
Free, confidential help: OSHA On-Site Consultation
In Indiana, the program is INSafe (Indiana 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.
Read on osha.gov and the state's official statute site, September 26, 2026.
Indiana Penalty Amounts for 29 CFR 1910.134 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $7,000 | Indiana state maximum |
| Willful | $70,000 | Indiana state maximum |
| Repeat | $70,000 | Indiana state maximum |
| Failure to abate | $7,000/day | Indiana state maximum per day |
Indiana (IC 22-8-1.1-27.1) sets its own maximums below the federal amounts: serious up to $7,000; a knowing (Indiana's term for willful) or repeat violation up to $70,000, rising to $132,598 only when a knowing violation contributed to a worker's death. Amounts are ceilings per violation. Indiana Occupational Safety and Health Administration (IOSHA) computes proposed penalties under its own State Plan procedures.
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 Indiana: Indiana Occupational Safety and Health Administration (IOSHA) inspects private employers, construction included, under an OSHA-approved State Plan. Indiana Occupational Safety and Health Administration (IOSHA) 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 1910.134 are on the 29 CFR 1910.134 page.
Most-Cited Respiratory Protection Paragraphs in Indiana, FY2025
Indiana Occupational Safety and Health Administration (IOSHA) issued 4 citations under 29 CFR 1910.134 to Indiana construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $7,000.
- 1
1910.134(c)(2)(ii) 1 citation
“In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically …”
- 2
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 …”
- 3
1910.134(f)(1) 1 citation
“The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph.”
- 4
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
Indiana Safety & Enforcement Profile
411
FY2025 construction citations
Indiana Occupational Safety and Health Administration (IOSHA)
Enforces private construction
- Construction trades inspected most in Indiana, FY2025: Roofing Contractors (75), Commercial and Institutional Building Construction (69) and Plumbing, Heating, and Air-Conditioning Contractors (47), out of 503 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Indiana, FY2025: Other Building Finishing Contractors (3) and Plumbing, Heating, and Air-Conditioning Contractors (1), of 4 citations.
- Construction fatality rate in Indiana, 2024: 7.6 per 100,000 full-time workers, 31st highest of the 40 states BLS published (all industries: 4.3).
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 Indiana
What are the penalties for 29 CFR 1910.134 violations in Indiana in 2026?
In Indiana, a serious violation of 29 CFR 1910.134 carries a maximum penalty of $7,000 per violation, and a willful or repeat violation up to $70,000. Indiana sets its own maximums, below the federal baseline. Indiana (IC 22-8-1.1-27.1) sets its own maximums below the federal amounts: serious up to $7,000; a knowing (Indiana's term for willful) or repeat violation up to $70,000, rising to $132,598 only when a knowing violation contributed to a worker's death. Each distinct violation can be cited as its own item. (Source: IC 22-8-1.1-27.1; verified 2026-10-05.)
Which Indiana construction trades are cited most under Respiratory Protection?
In FY2025, Indiana Occupational Safety and Health Administration (IOSHA) issued 4 citations under 29 CFR 1910.134 to Indiana construction employers, most often to Other Building Finishing Contractors (3) and Plumbing, Heating, and Air-Conditioning Contractors (1) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Indiana Occupational Safety and Health Administration (IOSHA) inspects these employers directly and may apply requirements beyond the federal standard. For context, Indiana Occupational Safety and Health Administration (IOSHA) issued 411 construction citations across 205 inspections in FY2025. Companies in these trades should self-audit against 610 IAC 9-3-1, incorporating 29 CFR 1904.0 to 1904.46 as it existed January 1, 2006, Indiana's own rule on this subject.
How often is Respiratory Protection cited on Indiana jobsites?
In FY2025, Indiana's state plan (Indiana Occupational Safety and Health Administration (IOSHA)) issued 411 construction citations across 205 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. Indiana's fatality figures are shown above.
Does IOSHA require respirator fit-testing in Indiana?
Yes. Under 29 CFR 1910.134, any worker required to wear a tight-fitting respirator must pass a fit-test before first use and at least annually, plus a medical evaluation and training. IOSHA, the state's own OSHA program, enforces this in Indiana.
Who enforces respiratory protection (1910.134) in Indiana?
IOSHA, the Indiana Occupational Safety and Health Administration. Indiana runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.134 in general industry and construction.
Can I get free OSHA help in Indiana without an inspection?
Yes. OSHA's On-Site Consultation Program in Indiana is INSafe (Indiana 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 Indiana cite 29 CFR 1910.134 in construction?
In FY2025, Indiana Occupational Safety and Health Administration (IOSHA) cited 29 CFR 1910.134 (Respiratory Protection) 4 times on Indiana construction jobsites, with $2,850 in penalties for that standard alone (current amounts), about 1% of the 411 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Respiratory Protection Guides & Resources
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Related standards
Respiratory Protection in Other States
13 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)Maryland29 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)South CarolinaS.C. Code Ann. Regs. ch. 71, Subarticle 6, modification Gown max
Other OSHA Standards in Indiana
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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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, Indiana
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