In Maryland, 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 Maryland Occupational Safety and Health (MOSH). Maryland sets its own maximums, equal to the federal baseline.
29 CFR 1910.134 · Maryland
Respiratory Protection Requirements in Maryland
Respiratory Protection in Maryland: 2026 penalties, who enforces 29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
MarylandGeneral Industry (29 CFR 1910)State Plan: Maryland Occupational Safety and Health (MOSH)State-set maximums
In FY2025, Maryland Occupational Safety and Health (MOSH) cited 29 CFR 1910.134 34 times in Maryland construction (0.8% of its construction citations there, the 21st most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 10 citations.
34
1910.134 citations in Maryland construction, FY2025
(e)(1)
paragraph cited most in Maryland (10 citations)
7.6
fatal work injuries per 100,000 full-time workers in construction, Maryland, 2024 (BLS)
Maryland 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-0834
citations of 29 CFR 1910.134 (FY2025)
$2,250
penalties for this standard
0.8%
of the state's 4,132 construction citations
In FY2025, Maryland Occupational Safety and Health (MOSH) cited 29 CFR 1910.134 (Respiratory Protection) 34 times on Maryland construction jobsites with $2,250 in penalties for it (current amounts), about 0.8% of every construction citation the state issued that year. That put it 21st on Maryland's most-cited construction list for FY2025.
What Maryland's own rule says
“An employer shall provide for acclimatization of exposed employees for a period of up to 14 days: (1) When an employee is newly exposed to heat in the workplace; and (2) When an employee returns to work after 7 or more consecutive days of absence from the workplace.”
Maryland adopts the federal respiratory protection standard, so the program, medical evaluation and fit-testing duties are the familiar ones. The Maryland-only requirement that lands hardest on respirator users is the acclimatization rule in the heat chapter: up to fourteen days for a new hire, and again after seven consecutive days away, with a written schedule that increases exposure by no more than twenty percent a day. Respirator work raises heat strain, and the acclimatization schedule has to account for it: the chapter requires monitoring during that period by phone, radio or a buddy system.
29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05The duty itself differs from the federal text.
Read in Maryland Occupational Safety and Health (MOSH)'s own rule text · verified 2026-08-08
Harmful exposures and work deaths in Maryland, 2024
Maryland recorded 93 fatal work injuries in 2024, up from 69 in 2023. Exposure to harmful substances or environments caused 15 of them (16%). Construction accounted for 18.
Source: BLS Census of Fatal Occupational Injuries, Maryland, 2024
How Maryland Enforces 29 CFR 1910.134
Maryland runs an OSHA-approved State Plan administered by Maryland Occupational Safety and Health (MOSH), which covers private-sector construction. Its compliance officers enforce Maryland's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is 29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05, which differs from the federal text (see the state rule above). Maryland Occupational Safety and Health (MOSH) cited 29 CFR 1910.134 34 times in Maryland construction in FY2025 (OSHA Frequently Cited Standards). Maryland also sets its own civil-penalty maximums, equal to the federal baseline (see the penalty table below).
In Maryland, the FY2025 citations under 29 CFR 1910.134 went most often to Poured Concrete Foundation and Structure Contractors (10) and Masonry Contractors (10). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05, before an officer arrives, are the most reliable defense.
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Help and oversight in Maryland
Free, confidential help: OSHA On-Site Consultation
In Maryland, the program is MOSH Consultation Services (Department of Labor, Licensing and Regulation). 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.
Maryland Penalty Amounts for 29 CFR 1910.134 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $16,550 | Maryland state maximum |
| Willful | $165,514 | Maryland state maximum |
| Repeat | $165,514 | Maryland state maximum |
| Failure to abate | $16,550/day | Maryland state maximum per day |
Maryland sets its penalties under Labor and Employment §5-810, and the Commissioner of Labor and Industry adjusts them each July 15 on the CPI-U. MOSH's current amounts, effective July 15, 2025: up to $16,550 per violation, up to $16,550 for each day a violation is not corrected, up to $165,514 per willful or repeated violation, and a minimum of $16,550 per willful violation. Amounts are ceilings per violation. Maryland Occupational Safety and Health (MOSH) 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 Maryland: Maryland Occupational Safety and Health (MOSH) inspects private employers, construction included, under an OSHA-approved State Plan. Maryland Occupational Safety and Health (MOSH) 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 Maryland, FY2025
Maryland Occupational Safety and Health (MOSH) issued 34 citations under 29 CFR 1910.134 to Maryland 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. 10 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) 8 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, …”
- 3
1910.134(c)(1) 4 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 …”
- 4
1910.134(k)(1) 4 citations
“The employer shall ensure that each employee can demonstrate knowledge of at least the following:”
- 5
1910.134(c)(3) 3 citations
“The employer shall designate a program administrator who is qualified by appropriate training or experience that is commensurate with the complexity of the program to administer or oversee …”
- 6
1910.134(c)(2)(i) 2 citations
“An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not …”
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
Maryland Safety & Enforcement Profile
4,132
FY2025 construction citations
Maryland Occupational Safety and Health (MOSH)
Enforces private construction
- Construction trades inspected most in Maryland, FY2025: Roofing Contractors (274), Framing Contractors (149) and Commercial and Institutional Building Construction (63), out of 798 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Maryland, FY2025: Poured Concrete Foundation and Structure Contractors (10), Masonry Contractors (10) and Painting and Wall Covering Contractors (6), of 34 citations.
- Construction fatality rate in Maryland, 2024: 7.6 per 100,000 full-time workers, 31st highest of the 40 states BLS published (all industries: 3.2).
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 Maryland
What are the penalties for 29 CFR 1910.134 violations in Maryland in 2026?
In Maryland, a serious violation of 29 CFR 1910.134 carries a maximum penalty of $16,550 per violation, and a willful or repeat violation up to $165,514. Maryland sets its own maximums, equal to the federal baseline. Maryland sets its penalties under Labor and Employment §5-810, and the Commissioner of Labor and Industry adjusts them each July 15 on the CPI-U. MOSH's current amounts, effective July 15, 2025: up to $16,550 per violation, up to $16,550 for each day a violation is not corrected, up to $165,514 per willful or repeated violation, and a minimum of $16,550 per willful violation. Each distinct violation can be cited as its own item. (Source: Md. Code, Lab. & Empl. §5-810; verified 2026-10-05.)
Which Maryland construction trades are cited most under Respiratory Protection?
In FY2025, Maryland Occupational Safety and Health (MOSH) issued 34 citations under 29 CFR 1910.134 to Maryland construction employers, most often to Poured Concrete Foundation and Structure Contractors (10), Masonry Contractors (10) and Painting and Wall Covering Contractors (6) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Maryland Occupational Safety and Health (MOSH) inspects these employers directly and may apply requirements beyond the federal standard. For context, Maryland Occupational Safety and Health (MOSH) issued 4,132 construction citations across 621 inspections in FY2025. Companies in these trades should self-audit against 29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05, Maryland's own rule on this subject.
How often is Respiratory Protection cited on Maryland jobsites?
In FY2025, Maryland's state plan (Maryland Occupational Safety and Health (MOSH)) issued 4,132 construction citations across 621 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. Maryland's fatality figures are shown above.
Does MOSH require respirator fit-testing in Maryland?
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. MOSH, the state's own OSHA program, enforces this in Maryland.
Who enforces respiratory protection (1910.134) in Maryland?
MOSH, the Maryland Occupational Safety and Health program. Maryland 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 Maryland without an inspection?
Yes. OSHA's On-Site Consultation Program in Maryland is MOSH Consultation Services (Department of Labor, Licensing and Regulation). 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 Maryland cite 29 CFR 1910.134 in construction?
In FY2025, Maryland Occupational Safety and Health (MOSH) cited 29 CFR 1910.134 (Respiratory Protection) 34 times on Maryland construction jobsites, with $2,250 in penalties for that standard alone (current amounts), about 0.8% of the 4,132 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
13 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 maxNevadaNRS 618.297 (wildfire smoke air quality)North Carolina13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6)South CarolinaS.C. Code Ann. Regs. ch. 71, Subarticle 6, modification Gown max
Other OSHA Standards in Maryland
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.
Serious violation, Maryland
$16,550
per violation (max)
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