In Kentucky, 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 Kentucky Occupational Safety and Health (KY OSH). Kentucky sets its own maximums, below the federal baseline.
29 CFR 1910.134 · Kentucky
Respiratory Protection Requirements in Kentucky
Respiratory Protection in Kentucky: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
KentuckyGeneral Industry (29 CFR 1910)State Plan: Kentucky Occupational Safety and Health (KY OSH)State-set maximums
In FY2025, Kentucky Occupational Safety and Health (KY OSH) cited 29 CFR 1910.134 10 times in Kentucky construction (1.8% of its construction citations there, the 15th most-cited standard there). The paragraph cited most was 1910.134(c)(1) with 3 citations.
10
1910.134 citations in Kentucky construction, FY2025
(c)(1)
paragraph cited most in Kentucky (3 citations)
7.6
fatal work injuries per 100,000 full-time workers in construction, Kentucky, 2024 (BLS)
Kentucky 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-0810
citations of 29 CFR 1910.134 (FY2025)
$20,050
penalties for this standard
1.8%
of the state's 563 construction citations
In FY2025, Kentucky Occupational Safety and Health (KY OSH) cited 29 CFR 1910.134 (Respiratory Protection) 10 times on Kentucky construction jobsites with $20,050 in penalties for it (current amounts), about 1.8% of every construction citation the state issued that year. That put it 15th on Kentucky's most-cited construction list for FY2025.
What Kentucky's own rule says
Respiratory protection reaches Kentucky through the PPE subpart: 803 KAR 2:308 adopts 29 CFR 1910 Subpart I together with the revisions to 1910.134 Appendix A published in the Federal Register of September 26, 2019, the amendment that added the two modified ambient aerosol CNC quantitative protocols, one for full-facepiece and half-mask elastomerics and one for filtering facepieces. Naming that notice separately is how Kentucky signals which version of the fit-testing appendix is in force, and it is the detail to check before an auditor questions a protocol.
803 KAR 2:308 (Subpart I), including the September 26, 2019 Appendix A revisionsThe duty matches the federal text. Only the citation number differs.
Read in Kentucky Occupational Safety and Health (KY OSH)'s own rule text · verified 2026-08-08
Harmful exposures and work deaths in Kentucky, 2024
Kentucky recorded 70 fatal work injuries in 2024, down from 91 in 2023. Exposure to harmful substances or environments caused 10 of them (14%). Construction accounted for 10.
Source: BLS Census of Fatal Occupational Injuries, Kentucky, 2024
How Kentucky Enforces 29 CFR 1910.134
Kentucky runs an OSHA-approved State Plan administered by Kentucky Occupational Safety and Health (KY OSH), which covers private-sector construction. Its compliance officers enforce Kentucky's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is 803 KAR 2:308 (Subpart I), including the September 26, 2019 Appendix A revisions. Kentucky Occupational Safety and Health (KY OSH) cited 29 CFR 1910.134 10 times in Kentucky construction in FY2025 (OSHA Frequently Cited Standards). Kentucky also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
In Kentucky, the FY2025 citations under 29 CFR 1910.134 went most often to Masonry Contractors (6) and Plumbing, Heating, and Air-Conditioning Contractors (2). 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.
HazComFast records the state of every jobsite and shows that the Kentucky State Plan governs it. Start free
Help and oversight in Kentucky
Free, confidential help: OSHA On-Site Consultation
In Kentucky, the program is OSH Education and Training (Kentucky Labor Cabinet - Kentucky OSH Program). 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.
Kentucky Penalty Amounts for 29 CFR 1910.134 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $7,000 | Kentucky state maximum |
| Willful | $70,000 | Kentucky state maximum |
| Repeat | $70,000 | Kentucky state maximum |
| Failure to abate | $7,000/day | Kentucky state maximum per day |
Kentucky (KRS 338.991) sets its own maximums below the federal amounts: serious up to $7,000; willful/repeat up to $70,000. KY OSH cannot propose a penalty above these statutory caps. Amounts are ceilings per violation. Kentucky Occupational Safety and Health (KY OSH) 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 Kentucky: Kentucky Occupational Safety and Health (KY OSH) inspects private employers, construction included, under an OSHA-approved State Plan. Kentucky Occupational Safety and Health (KY OSH) 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 Kentucky, FY2025
Kentucky Occupational Safety and Health (KY OSH) issued 10 citations under 29 CFR 1910.134 to Kentucky construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $7,000.
- 1
1910.134(c)(1) 3 citations
“In any workplace where respirators are necessary to protect the health of the employee or whenever respirators are required by the employer, the employer shall establish and implement …”
- 2
1910.134(g)(1)(i)(A) 3 citations
“Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or”
- 3
1910.134(d)(1)(i) 1 citation
“The employer shall select and provide an appropriate respirator based on the respiratory hazard(s) to which the worker is exposed and workplace and user factors that affect respirator …”
- 4
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 …”
- 5
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.”
- 6
1910.134(m)(4) 1 citation
“Written materials required to be retained under this paragraph shall be made available upon request to affected employees and to the Assistant Secretary or designee for examination and …”
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
Kentucky Safety & Enforcement Profile
563
FY2025 construction citations
Kentucky Occupational Safety and Health (KY OSH)
Enforces private construction
- Construction trades inspected most in Kentucky, FY2025: Roofing Contractors (79), Commercial and Institutional Building Construction (44) and Highway, Street, and Bridge Construction (16), out of 287 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Kentucky, FY2025: Masonry Contractors (6), Plumbing, Heating, and Air-Conditioning Contractors (2) and New Single-Family Housing Construction (except For-Sale Builders) (1), of 10 citations.
- Construction fatality rate in Kentucky, 2024: 7.6 per 100,000 full-time workers, 31st highest of the 40 states BLS published (all industries: 3.7).
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. 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 Kentucky
What are the penalties for 29 CFR 1910.134 violations in Kentucky in 2026?
In Kentucky, 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. Kentucky sets its own maximums, below the federal baseline. Kentucky (KRS 338.991) sets its own maximums below the federal amounts: serious up to $7,000; willful/repeat up to $70,000. KY OSH cannot propose a penalty above these statutory caps. Each distinct violation can be cited as its own item. (Source: KRS 338.991; verified 2026-10-05.)
Which Kentucky construction trades are cited most under Respiratory Protection?
In FY2025, Kentucky Occupational Safety and Health (KY OSH) issued 10 citations under 29 CFR 1910.134 to Kentucky construction employers, most often to Masonry Contractors (6), Plumbing, Heating, and Air-Conditioning Contractors (2) and New Single-Family Housing Construction (except For-Sale Builders) (1) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Kentucky Occupational Safety and Health (KY OSH) inspects these employers directly and may apply requirements beyond the federal standard. For context, Kentucky Occupational Safety and Health (KY OSH) issued 563 construction citations across 177 inspections in FY2025. Companies in these trades should self-audit against 29 CFR 1910.134 on a recurring basis.
How often is Respiratory Protection cited on Kentucky jobsites?
In FY2025, Kentucky's state plan (Kentucky Occupational Safety and Health (KY OSH)) issued 563 construction citations across 177 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. Kentucky's fatality figures are shown above.
Does KY OSH require respirator fit-testing in Kentucky?
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. KY OSH, the state's own OSHA program, enforces this in Kentucky and cited 1910.134 10 times in FY2025 construction.
Who enforces respiratory protection (1910.134) in Kentucky?
KY OSH, the Kentucky Occupational Safety and Health program. Kentucky 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 Kentucky without an inspection?
Yes. OSHA's On-Site Consultation Program in Kentucky is OSH Education and Training (Kentucky Labor Cabinet - Kentucky OSH Program). 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 Kentucky cite 29 CFR 1910.134 in construction?
In FY2025, Kentucky Occupational Safety and Health (KY OSH) cited 29 CFR 1910.134 (Respiratory Protection) 10 times on Kentucky construction jobsites, with $20,050 in penalties for that standard alone (current amounts), about 1.8% of the 563 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Respiratory Protection Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
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 Kentucky
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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Serious violation, Kentucky
$7,000
per violation (max)
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