In Maryland, 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 Maryland Occupational Safety and Health (MOSH). Maryland sets its own maximums, equal to the federal baseline.
29 CFR 1910.146 · Maryland
Confined Spaces Requirements in Maryland
Confined Spaces in Maryland: 2026 penalties, who enforces 29 CFR 1910.146, 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
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 Maryland, Maryland Occupational Safety and Health (MOSH) enforces 29 CFR 1910.146. A serious violation carries up to $16,550 in Maryland.
$16,550
maximum for a serious violation in Maryland
$165,514
maximum for a willful or repeat violation in Maryland
3.2
fatal work injuries per 100,000 full-time workers, all industries, Maryland, 2024 (BLS)
What Maryland's own rule says
Permit-required confined spaces are adopted federal text in Maryland, and the general industry and construction split works the same way as it does under federal jurisdiction. One Maryland overlay applies inside a permit space like anywhere else: COMAR 09.12.32 is triggered by a heat index of 80 degrees indoors as well as outdoors, and it exempts only spaces kept below that index by mechanical ventilation or a fan. A ventilated permit space may clear that bar; an unventilated one will not, and the chapter then requires direct measurement of temperature and humidity where the work is done.
29 CFR 1910.146 as adopted by COMAR 09.12.31.01The duty matches the federal text. Only the citation number differs.
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 1910.146
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 1910.146 as adopted by COMAR 09.12.31.01. Maryland Occupational Safety and Health (MOSH) issued no citations under 29 CFR 1910.146 in Maryland construction in FY2025. Maryland also sets its own civil-penalty maximums, equal to 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 Maryland 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 Maryland State Plan governs it. Start free
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 1910.146 (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 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 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 1910.146 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)).
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).
- 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. 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 Maryland
What are the penalties for 29 CFR 1910.146 violations in Maryland in 2026?
In Maryland, a serious violation of 29 CFR 1910.146 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 industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Maryland, not the construction trades. Maryland Occupational Safety and Health (MOSH) 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 Maryland?
29 CFR 1910.146 is enforced against general-industry employers in Maryland, so the construction citation totals published for Maryland (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 Maryland?
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. Maryland employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan, enforced by MOSH, the state's own OSHA program.
Who enforces confined-space rules (1910.146) in Maryland?
MOSH, the Maryland Occupational Safety and Health program, not federal OSHA. Maryland 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 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.
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 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.
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, Maryland
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