In Michigan, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Confined Spaces is enforced for private construction employers by Michigan Occupational Safety and Health Administration (MIOSHA). Michigan sets its own maximums, below the federal baseline.
29 CFR 1910.146 · Michigan
Confined Spaces Requirements in Michigan
Confined Spaces in Michigan: 2026 penalties, who enforces 29 CFR 1910.146, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
MichiganGeneral Industry (29 CFR 1910)State Plan: Michigan Occupational Safety and Health Administration (MIOSHA)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 Michigan, Michigan Occupational Safety and Health Administration (MIOSHA) enforces the state's own rule on this subject, MIOSHA General Industry Part 90, R 408.19001 to R 408.19002. A serious violation carries up to $7,000 in Michigan.
$7,000
maximum for a serious violation in Michigan
$70,000
maximum for a willful or repeat violation in Michigan
3.3
fatal work injuries per 100,000 full-time workers, all industries, Michigan, 2024 (BLS)
Michigan 29 CFR 1910.146 Enforcement, FY2025
Verified · 2026-08-087
citations of 29 CFR 1910.146 (FY2025)
$14,500
penalties for this standard
0.2%
of the state's 4,005 construction citations
In FY2025, Michigan Occupational Safety and Health Administration (MIOSHA) cited 29 CFR 1910.146 (Confined Spaces) 7 times on Michigan construction jobsites with $14,500 in penalties for it (current amounts), about 0.2% of every construction citation the state issued that year. That put it 51st on Michigan's most-cited construction list for FY2025.
What Michigan's own rule says
“The regulations adopted in these rules do not apply to the construction industry, agricultural operations, or shipyard employment.”
Part 90 adopts 1910.146 at its December 27, 2011 text, with each appendix carrying its own frozen date: Appendix B at June 29, 1993, Appendix E on sewer system entry at May 19, 1994. It carries the same construction exclusion as the federal general industry standard, so R 408.19001(3) is the sentence a contractor needs to read first: permit-space work on a Michigan jobsite is not governed by Part 90. Like the federal rule, it also yields to any other standard with specific confined-space requirements.
MIOSHA General Industry Part 90, R 408.19001 to R 408.19002The 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 1910.146
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 General Industry Part 90, R 408.19001 to R 408.19002. Michigan Occupational Safety and Health Administration (MIOSHA) cited 29 CFR 1910.146 7 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).
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 Michigan 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 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 1910.146 (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 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 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 1910.146 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 $7,000.
- 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)).
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).
- 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. 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 Michigan
What are the penalties for 29 CFR 1910.146 violations in Michigan in 2026?
In Michigan, a serious violation of 29 CFR 1910.146 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 industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Michigan, not the construction trades. Michigan Occupational Safety and Health Administration (MIOSHA) 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 Michigan?
29 CFR 1910.146 is enforced against general-industry employers in Michigan, so the construction citation totals published for Michigan (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' in Michigan?
Under MIOSHA General Industry Part 90, which adopts 1910.146, 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. Part 90 does not apply to the construction industry.
Who enforces confined-space rules in Michigan?
MIOSHA, the Michigan Occupational Safety and Health Administration, within LEO, not federal OSHA. Michigan runs a full OSHA-approved State Plan and enforces permit-required confined spaces in general industry under General Industry Part 90, which adopts 1910.146.
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 1910.146 in construction?
In FY2025, Michigan Occupational Safety and Health Administration (MIOSHA) cited 29 CFR 1910.146 (Confined Spaces) 7 times on Michigan construction jobsites, with $14,500 in penalties for that standard alone (current amounts), about 0.2% of the 4,005 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
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 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.
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, Michigan
$7,000
per violation (max)
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