In Maine, 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 (the state plan, Maine Department of Labor - SafetyWorks!, covers only public employees).
29 CFR 1910.134 · Maine
Respiratory Protection Requirements in Maine
Respiratory Protection in Maine: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
MaineGeneral Industry (29 CFR 1910)Federal OSHA (private) · State plan (public)
Federal OSHA issued no citations under 29 CFR 1910.134 to Maine construction employers in FY2025. The federal maximum for a serious violation is $16,550.
0
1910.134 citations in Maine construction, FY2025
(e)(1)
paragraph federal OSHA cited most nationwide (79 citations)
13.2
fatal work injuries per 100,000 full-time workers in construction, Maine, 2024 (BLS)
What federal OSHA is targeting in Maine
Maine 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 Local Emphasis Program for Noise in the Workplace
BOS-CPL-04-00-029 · Boston Regional Office · effective October 1, 2024
“This instruction applies to Federal OSHA, Boston Region jurisdiction.”
Noise carries its own programmed-inspection program across the Boston region. It is the program most likely to put a hearing conservation file and a PPE hazard assessment in front of an inspector in these five states, and it runs alongside the region's residential construction, crane and forklift programs rather than instead of them.
Harmful exposures and work deaths in Maine, 2024
Maine recorded 19 fatal work injuries in 2024, down from 27 in 2023. Exposure to harmful substances or environments caused 4 of them (21%). Construction accounted for 7.
Source: BLS Census of Fatal Occupational Injuries, Maine, 2024
How Maine Enforces 29 CFR 1910.134
Maine operates an OSHA-approved state plan (Maine Department of Labor - SafetyWorks!), but it covers only state and local government employees. Private-sector construction employers in Maine are inspected by federal OSHA, which enforces 29 CFR 1910.134 directly using the federal penalty maximums. So if you run a private construction company in Maine, Respiratory Protection citations come from a federal Department of Labor compliance officer, not Maine Department of Labor - SafetyWorks!.
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.
For a private-sector jobsite in Maine, HazComFast shows that federal OSHA has jurisdiction, because the state plan covers public employers only. Start free
Help and oversight in Maine
Free, confidential help: OSHA On-Site Consultation
In Maine, the program is Maine Bureau of Labor Standards (Workplace Safety & Health Division). 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
“The Maine State Plan 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 August 5, 2015 · 29 CFR 1952.28 · osha.gov
Who inspects private employers here
Federal OSHA, from the Augusta Area Office (Augusta) and the Bangor District Office (Bangor).
Read on osha.gov and the state's official statute site, September 26, 2026.
Maine 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) |
Maine 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 Maine: Federal OSHA inspects private construction employers; the Maine Department of Labor - SafetyWorks! 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 1910.134 are on the 29 CFR 1910.134 page.
Respiratory Protection Citations in Maine, FY2025
Federal OSHA issued no citations under 29 CFR 1910.134 to Maine construction employers in FY2025. For reference, the paragraphs federal OSHA cited most nationwide:
Federal OSHA, construction, FY2025: 356 citations under 29 CFR 1910.134.
- 1
1910.134(e)(1) General. 79 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(c)(1) 52 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 …”
- 3
1910.134(f)(2) 49 citations
“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, …”
- 4
1910.134(f)(1) 25 citations
“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.”
- 5
1910.134(k) Training and information. 21 citations
“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 …”
- 6
1910.134(g)(1)(i)(A) 19 citations
“Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or”
HazComFast count from the Labor Department's OSHA enforcement data: every federal OSHA citation issued in FY2025 to a construction employer (NAICS 23), by the paragraph cited. Paragraph text: eCFR, current as of September 24, 2026. data.dol.gov
Maine Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
148 of them in Maine (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in Maine, FY2025: Highway, Street, and Bridge Construction (30), Roofing Contractors (13) and Water and Sewer Line and Related Structures Construction (5), out of 77 inspections opened (federal OSHA and State Plan combined).
- Construction fatality rate in Maine, 2024: 13.2 per 100,000 full-time workers, 7th highest of the 40 states BLS published (all industries: 3.0).
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 Respiratory Protection Compliance Tools
Respiratory Protection FAQ for Maine
Which Maine construction trades are inspected most?
The construction trades inspected most in Maine in FY2025 were Highway, Street, and Bridge Construction (30), Roofing Contractors (13) and Water and Sewer Line and Related Structures Construction (5), out of 77 inspections opened, federal OSHA and State Plan combined (HazComFast count from Labor Department enforcement data). Federal OSHA issued no citations under 29 CFR 1910.134 to Maine construction employers that year. Private-sector employers answer to federal OSHA (the Maine Department of Labor - SafetyWorks! plan covers only public workers). For context, federal OSHA issued 148 citations across 46 inspections of Maine 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 Maine jobsites?
OSHA's cited-standards tool does not break Maine out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 148 citations across 46 inspections of Maine construction employers, none of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in Maine can come from any inspection: programmed, complaint-driven or post-accident. Maine's fatality figures are shown above.
Who enforces respiratory protection (1910.134) for a private Maine employer?
Federal OSHA. Maine's State Plan covers only public employees, so a compliance officer from OSHA's Boston region inspects and cites 1910.134 on private jobsites, at the federal penalty maximums.
Can I get free OSHA help in Maine without an inspection?
Yes. OSHA's On-Site Consultation Program in Maine is Maine Bureau of Labor Standards (Workplace Safety & Health Division). 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.
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 Maine
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.
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