In Maine, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Confined Spaces is enforced for private construction employers by federal OSHA (the state plan, Maine Department of Labor - SafetyWorks!, covers only public employees).
29 CFR 1910.146 · Maine
Confined Spaces Requirements in Maine
Confined Spaces in Maine: 2026 penalties, who enforces 29 CFR 1910.146, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
MaineGeneral Industry (29 CFR 1910)Federal OSHA (private) · State plan (public)
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 Maine, federal OSHA enforces 29 CFR 1910.146. The federal maximum for a serious violation is $16,550.
$16,550
federal maximum for a serious violation
$165,514
federal maximum for a willful or repeat violation
3.0
fatal work injuries per 100,000 full-time workers, all industries, 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.
Local Emphasis Program for the Seafood Processing Industry
CPL-04-00-026 · Boston Regional Office · effective June 1, 2023
“This instruction covers Region I and includes employers under Federal OSHA jurisdiction only.”
Seafood processing is targeted by NAICS 311710, 311711 and 311712, plus 424460 for fish and seafood merchant wholesalers, and the directive names the hazards it goes after: machine guarding, lockout/tagout, confined space, and the ammonia refrigeration systems that run the plant. It records why: exposure to ammonia and cooling system hazards produced three general duty clause violations in the region, one willful serious and two repeat serious, plus a hazard alert letter. Anhydrous ammonia is what ties this to hazard communication as well as to confined-space entry.
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 1910.146
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 1910.146 directly using the federal penalty maximums. So if you run a private construction company in Maine, Confined Spaces citations come from a federal Department of Labor compliance officer, not Maine Department of Labor - SafetyWorks!.
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 Maine 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.
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 1910.146 (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 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 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 1910.146 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 $16,550.
- 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)).
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 Confined Spaces Compliance Tools
Confined Spaces FAQ for Maine
Which Maine industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Maine, not the construction trades. Private-sector employers answer to federal OSHA (the Maine Department of Labor - SafetyWorks! plan covers only public workers). 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 Maine?
29 CFR 1910.146 is enforced against general-industry employers in Maine, so the construction citation totals published for Maine (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).
Who enforces confined-space rules (1910.146) 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 1910.146 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.
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 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.
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.
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