In Kentucky, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Confined Spaces 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 1910.146 · Kentucky
Confined Spaces Requirements in Kentucky
Confined Spaces in Kentucky: 2026 penalties, who enforces 29 CFR 1910.146, 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
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 Kentucky, Kentucky Occupational Safety and Health (KY OSH) enforces the state's own rule on this subject, 803 KAR 2:309 (Subpart J) for general industry; 803 KAR 2:445 for construction. A serious violation carries up to $7,000 in Kentucky.
$7,000
maximum for a serious violation in Kentucky
$70,000
maximum for a willful or repeat violation in Kentucky
3.7
fatal work injuries per 100,000 full-time workers, all industries, Kentucky, 2024 (BLS)
Kentucky 29 CFR 1910.146 Enforcement, FY2025
Verified · 2026-08-081
citations of 29 CFR 1910.146 (FY2025)
$7,000
penalties for this standard
0.2%
of the state's 563 construction citations
In FY2025, Kentucky Occupational Safety and Health (KY OSH) cited 29 CFR 1910.146 (Confined Spaces) 1 times on Kentucky construction jobsites with $7,000 in penalties for it (current amounts), about 0.2% of every construction citation the state issued that year. That put it 46th on Kentucky's most-cited construction list for FY2025.
What Kentucky's own rule says
Kentucky keeps the federal split. Permit-required confined spaces for general industry come in through 803 KAR 2:309, which adopts Subpart J; construction confined spaces have their own regulation, 803 KAR 2:445, adopting 1926 Subpart AA. Two things are worth knowing about 2:445: it was recodified from 803 KAR 2:200 in March 2021, so older program documents may cite a number that no longer exists, and Kentucky adopted Subpart AA effective October 2, 2015, two months after the federal rule.
803 KAR 2:309 (Subpart J) for general industry; 803 KAR 2:445 for constructionThe 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 1910.146
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 2:309 (Subpart J) for general industry; 803 KAR 2:445 for construction. Kentucky Occupational Safety and Health (KY OSH) cited 29 CFR 1910.146 1 time 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).
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 Kentucky 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 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 1910.146 (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 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 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 1910.146 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 $7,000.
- 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)).
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).
- 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. 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 Kentucky
What are the penalties for 29 CFR 1910.146 violations in Kentucky in 2026?
In Kentucky, a serious violation of 29 CFR 1910.146 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 industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Kentucky, not the construction trades. Kentucky Occupational Safety and Health (KY OSH) 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 Kentucky?
29 CFR 1910.146 is enforced against general-industry employers in Kentucky, so the construction citation totals published for Kentucky (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 Kentucky?
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. Kentucky employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan, enforced by KY OSH.
Who enforces confined-space rules (1910.146) in Kentucky?
KY OSH, the Kentucky Occupational Safety and Health program, not federal OSHA. Kentucky 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 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 1910.146 in construction?
In FY2025, Kentucky Occupational Safety and Health (KY OSH) cited 29 CFR 1910.146 (Confined Spaces) 1 times on Kentucky construction jobsites, with $7,000 in penalties for that standard alone (current amounts), about 0.2% of the 563 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
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 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.
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.
Serious violation, Kentucky
$7,000
per violation (max)
VS
HazComFast Pro
$199/mo
10 jobsites, unlimited chemicals, unlimited workers
New sign-ups are paused. The free tools below need no account, and customers can log in as usual.
Your account keeps working as usual. Cancel anytime.