In Michigan, a serious violation of 29 CFR 1910.134 (Respiratory Protection) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Respiratory Protection is enforced for private construction employers by Michigan Occupational Safety and Health Administration (MIOSHA). Michigan sets its own maximums, below the federal baseline.
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29 CFR 1910.134 · Michigan
Respiratory Protection Requirements in Michigan
Respiratory Protection in Michigan: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
In FY2025, Michigan Occupational Safety and Health Administration (MIOSHA) cited 29 CFR 1910.134 32 times in Michigan construction (0.8% of its construction citations there, the 28th most-cited standard there). The paragraph cited most was 1910.134(c)(1) with 8 citations.
32
1910.134 citations in Michigan construction, FY2025
(c)(1)
paragraph cited most in Michigan (8 citations)
9.9
fatal work injuries per 100,000 full-time workers in construction, Michigan, 2024 (BLS)
Michigan 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-0832
citations of 29 CFR 1910.134 (FY2025)
$4,700
penalties for this standard
0.8%
of the state's 4,005 construction citations
In FY2025, Michigan Occupational Safety and Health Administration (MIOSHA) cited 29 CFR 1910.134 (Respiratory Protection) 32 times on Michigan construction jobsites with $4,700 in penalties for it (current amounts), about 0.8% of every construction citation the state issued that year. That put it 28th on Michigan's most-cited construction list for FY2025.
What Michigan's own rule says
“regulations on respiratory protection … codified at 29 CFR 1910.134, "Respiratory Protection," as amended on September 26, 2019, are adopted by reference in these rules.”
Michigan adopts the federal respiratory protection standard whole, at its September 26, 2019 text, effective April 26, 2021. Part 451 is a combined general industry and construction standard, so the same rule governs a plant and a jobsite: Michigan's construction PPE standard sends respiratory protection here at R 408.40601(3). The duties are the federal ones; only the citation number a Michigan inspector writes is different.
MIOSHA Part 451, R 325.60051The duty matches the federal text. Only the citation number differs.
Harmful exposures and work deaths in Michigan, 2024
Michigan recorded 152 fatal work injuries in 2024, down from 166 in 2023. Exposure to harmful substances or environments caused 15 of them (10%). Construction accounted for 28.
Source: BLS Census of Fatal Occupational Injuries, Michigan, 2024
How Michigan Enforces 29 CFR 1910.134
Michigan runs an OSHA-approved State Plan administered by Michigan Occupational Safety and Health Administration (MIOSHA), which covers private-sector construction. Its compliance officers enforce Michigan's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is MIOSHA Part 451, R 325.60051. Michigan Occupational Safety and Health Administration (MIOSHA) cited 29 CFR 1910.134 32 times in Michigan construction in FY2025 (OSHA Frequently Cited Standards). Michigan also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
In Michigan, the FY2025 citations under 29 CFR 1910.134 went most often to Painting and Wall Covering Contractors (10) and All Other Specialty Trade Contractors (4). 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.
HazComFast records the state of every jobsite and shows that the Michigan State Plan governs it. Start free
Help and oversight in Michigan
Free, confidential help: OSHA On-Site Consultation
In Michigan, the program is Consultation, Education and Training Division (Michigan Occupational Safety & Health Administration, Licensing & Regulatory Affairs). 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.
Michigan Penalty Amounts for 29 CFR 1910.134 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $7,000 | Michigan state maximum |
| Willful | $70,000 | Michigan state maximum |
| Repeat | $70,000 | Michigan state maximum |
| Failure to abate | $7,000/day | Michigan state maximum per day |
Michigan's MIOSH Act (MCL 408.1035) sets its own maximums, unchanged since 1990 and well below the federal amounts: serious up to $7,000; willful/repeat up to $70,000 (minimum $5,000 per willful). Legislation to raise these to federal levels has been proposed but was not enacted as of mid-2026. Amounts are ceilings per violation. Michigan Occupational Safety and Health Administration (MIOSHA) 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 Michigan: Michigan Occupational Safety and Health Administration (MIOSHA) inspects private employers, construction included, under an OSHA-approved State Plan. Michigan Occupational Safety and Health Administration (MIOSHA) 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 Michigan, FY2025
Michigan Occupational Safety and Health Administration (MIOSHA) issued 32 citations under 29 CFR 1910.134 to Michigan construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $7,000.
- 1
1910.134(c)(1) 8 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 …”
- 2
1910.134(c)(2) 8 citations
“Where respirator use is not required:”
- 3
1910.134(e)(1) General. 3 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 …”
- 4
1910.134(f)(1) 2 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(g)(1)(i) 2 citations
“The employer shall not permit respirators with tight-fitting facepieces to be worn by employees who have:”
- 6
1910.134(k) Training and information. 2 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 …”
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
Michigan Safety & Enforcement Profile
4,005
FY2025 construction citations
Michigan Occupational Safety and Health Administration (MIOSHA)
Enforces private construction
- Construction trades inspected most in Michigan, FY2025: Commercial and Institutional Building Construction (353), Roofing Contractors (182) and Framing Contractors (172), out of 1,931 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Michigan, FY2025: Painting and Wall Covering Contractors (10), All Other Specialty Trade Contractors (4) and New Single-Family Housing Construction (except For-Sale Builders) (3), of 32 citations.
- Construction fatality rate in Michigan, 2024: 9.9 per 100,000 full-time workers, 16th highest of the 40 states BLS published (all industries: 3.3).
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 Michigan
What are the penalties for 29 CFR 1910.134 violations in Michigan in 2026?
In Michigan, a serious violation of 29 CFR 1910.134 carries a maximum penalty of $7,000 per violation, and a willful or repeat violation up to $70,000. Michigan sets its own maximums, below the federal baseline. Michigan's MIOSH Act (MCL 408.1035) sets its own maximums, unchanged since 1990 and well below the federal amounts: serious up to $7,000; willful/repeat up to $70,000 (minimum $5,000 per willful). Legislation to raise these to federal levels has been proposed but was not enacted as of mid-2026. Each distinct violation can be cited as its own item. (Source: MIOSH Act, MCL 408.1035; verified 2026-10-05.)
Which Michigan construction trades are cited most under Respiratory Protection?
In FY2025, Michigan Occupational Safety and Health Administration (MIOSHA) issued 32 citations under 29 CFR 1910.134 to Michigan construction employers, most often to Painting and Wall Covering Contractors (10), All Other Specialty Trade Contractors (4) and New Single-Family Housing Construction (except For-Sale Builders) (3) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Michigan Occupational Safety and Health Administration (MIOSHA) inspects these employers directly and may apply requirements beyond the federal standard. For context, Michigan Occupational Safety and Health Administration (MIOSHA) issued 4,005 construction citations across 1,265 inspections in FY2025. Companies in these trades should self-audit against 29 CFR 1910.134 on a recurring basis.
How often is Respiratory Protection cited on Michigan jobsites?
In FY2025, Michigan's state plan (Michigan Occupational Safety and Health Administration (MIOSHA)) issued 4,005 construction citations across 1,265 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. Michigan's fatality figures are shown above.
Does MIOSHA require respirator fit-testing in Michigan?
Yes. Under MIOSHA Part 451, 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. MIOSHA, the state's own program, enforces this rather than the federal 1910.134.
Who enforces respiratory protection in Michigan?
MIOSHA, the Michigan Occupational Safety and Health Administration, within LEO. Michigan runs a full OSHA-approved State Plan and enforces respiratory protection under Part 451, which covers general industry and construction.
Can I get free OSHA help in Michigan without an inspection?
Yes. OSHA's On-Site Consultation Program in Michigan is Consultation, Education and Training Division (Michigan Occupational Safety & Health Administration, Licensing & Regulatory Affairs). 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 Michigan cite 29 CFR 1910.134 in construction?
In FY2025, Michigan Occupational Safety and Health Administration (MIOSHA) cited 29 CFR 1910.134 (Respiratory Protection) 32 times on Michigan construction jobsites, with $4,700 in penalties for that standard alone (current amounts), about 0.8% of the 4,005 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
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.
Other OSHA Standards in Michigan
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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Serious violation, Michigan
$7,000
per violation (max)
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