In Kansas, 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 · Kansas
Respiratory Protection Requirements in Kansas
Respiratory Protection in Kansas: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
KansasGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
In FY2025, federal OSHA cited 29 CFR 1910.134 3 times in Kansas construction (0.4% of its construction citations there, the 17th most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 2 citations.
3
1910.134 citations in Kansas construction, FY2025
(e)(1)
paragraph cited most in Kansas (2 citations)
10.5
fatal work injuries per 100,000 full-time workers in construction, Kansas, 2024 (BLS)
Federal OSHA in Kansas: 29 CFR 1910.134, FY2025
Counted · 2026-09-263
citations of 29 CFR 1910.134 in 2 inspections
$16,295
penalties, current amounts ($24,200 as first proposed)
0.4%
of the 743 federal construction citations in Kansas
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 3 times in inspections of Kansas construction employers. It ranked 17th of the 36 standards cited in them. By classification: 3 serious. Most-cited paragraphs: 1910.134(e)(1) (2), 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 Kansas
Kansas 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 (REP) – Workplaces with Noise Hazards
CPL 02-11-01L · Kansas City Regional Office · effective February 28, 2022
“This Instruction applies to general industry and construction establishments in industries that commonly have occupational noise hazards within the jurisdiction of all Federal Area Offices in Region VII.”
Region VII's noise program is unusual in naming construction alongside general industry in its own scope, so a Kansas, Missouri or Nebraska jobsite is inside it, not only a plant. Hearing protection is selected, provided and used under the PPE standard, and the operations that generate the noise usually generate an airborne exposure at the same time.
Harmful exposures and work deaths in Kansas, 2024
Kansas recorded 56 fatal work injuries in 2024, up from 53 in 2023. Exposure to harmful substances or environments caused 9 of them (16%). Construction accounted for 10.
Source: BLS Census of Fatal Occupational Injuries, Kansas, 2024
How Kansas Enforces 29 CFR 1910.134
Kansas 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 Kansas, the FY2025 citations under 29 CFR 1910.134 went most often to Highway, Street, and Bridge Construction (2) and Industrial Building Construction (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 Kansas
Free, confidential help: OSHA On-Site Consultation
In Kansas, the program is Kansas Department of Labor (Division of Industrial Safety & Health). 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 Wichita Area Office (Wichita).
Read on osha.gov and the state's official statute site, September 26, 2026.
Kansas 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) |
Kansas 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 Kansas: Federal OSHA inspects private construction employers; Kansas 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 Kansas, FY2025
Federal OSHA issued 3 citations under 29 CFR 1910.134 to Kansas 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. 2 citations
“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, …”
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
Kansas Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
743 of them in Kansas (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in Kansas, FY2025: Roofing Contractors (137), Framing Contractors (71) and Commercial and Institutional Building Construction (20), out of 304 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Kansas, FY2025: Highway, Street, and Bridge Construction (2) and Industrial Building Construction (1), of 3 citations.
- Construction fatality rate in Kansas, 2024: 10.5 per 100,000 full-time workers, 12th highest of the 40 states BLS published (all industries: 4.1).
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 Kansas
Which Kansas construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 3 citations under 29 CFR 1910.134 to Kansas construction employers, most often to Highway, Street, and Bridge Construction (2) and Industrial Building Construction (1) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Federal OSHA inspects these employers directly, since Kansas has no state plan covering the private sector. For context, federal OSHA issued 743 citations across 260 inspections of Kansas 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 Kansas jobsites?
OSHA's cited-standards tool does not break Kansas out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 743 citations across 260 inspections of Kansas construction employers, 3 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in Kansas can come from any inspection: programmed, complaint-driven or post-accident. Kansas's fatality figures are shown above.
Who enforces respiratory protection (1910.134) for Kansas employers?
Federal OSHA. Because Kansas has no State Plan, a compliance officer from OSHA's Wichita Area Office inspects and cites 1910.134 directly, at the federal penalty maximums.
Can I get free OSHA help in Kansas without an inspection?
Yes. OSHA's On-Site Consultation Program in Kansas is Kansas Department of Labor (Division of Industrial Safety & Health). 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 Kansas construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 3 times in 2 inspections of Kansas construction employers, with $16,295 in penalties at current amounts ($24,200 as first proposed), 0.4% of the 743 citations those inspections produced. It ranked 17th of the 36 standards cited. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
Respiratory Protection Guides & Resources
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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 Kansas
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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