In Montana, 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 federal OSHA.
29 CFR 1910.134 · Montana
Respiratory Protection Requirements in Montana
Respiratory Protection in Montana: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
MontanaGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
Federal OSHA issued no citations under 29 CFR 1910.134 to Montana construction employers in FY2025. The federal maximum for a serious violation is $16,550.
0
1910.134 citations in Montana construction, FY2025
(e)(1)
paragraph federal OSHA cited most nationwide (79 citations)
5.8
fatal work injuries per 100,000 full-time workers, all industries, Montana, 2024 (BLS)
What federal OSHA is targeting in Montana
Montana 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.
Regional Emphasis Program – Noise Induced Hearing Loss
CPL 2022-02 · Denver Regional Office · effective February 15, 2022
“This Instruction applies to all Area Offices in Region VIII.”
The Denver region names the outcome rather than the exposure: noise-induced hearing loss. It covers every area office in Region VIII, so Colorado, Montana, North Dakota and South Dakota are all inside it, and it pairs with the region's silica program on the health side.
Regional Emphasis Program on Silica in Cut Stone and Slab Handling Operations
CPL 2022-01 · Denver Regional Office · effective February 8, 2022
“This Notice applies to Cut Stone and Stone Products operations, NAICS code 327991, located within the jurisdiction of each Area Office in Region VIII.”
Respirable crystalline silica in cut stone and slab handling is targeted by NAICS 327991 across every Region VIII area office. An inspection under this program looks at the exposure assessment, the respiratory protection program and the hazard communication for silica.
Harmful exposures and work deaths in Montana, 2024
Montana recorded 31 fatal work injuries in 2024, down from 38 in 2023. Exposure to harmful substances or environments caused 3 of them (10%).
Source: BLS Census of Fatal Occupational Injuries, Montana, 2024
How Montana Enforces 29 CFR 1910.134
Montana has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1910.134 is enforced by U.S. Department of Labor compliance officers using standard federal procedures and the federal penalty maximums.
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.
Help and oversight in Montana
Free, confidential help: OSHA On-Site Consultation
In Montana, the program is Montana Consultation Program (Montana Department of Labor & Industry - Safety & Health Bureau). 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.
Who inspects private employers here
Federal OSHA, from the Billings Area Office (Billings).
Read on osha.gov and the state's official statute site, September 26, 2026.
Montana Penalty Amounts for 29 CFR 1910.134 (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) |
Montana 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 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 Montana: Federal OSHA inspects private construction employers; Montana has no State Plan.
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.
Respiratory Protection Citations in Montana, FY2025
Federal OSHA issued no citations under 29 CFR 1910.134 to Montana construction employers in FY2025. For reference, the paragraphs federal OSHA cited most nationwide:
Federal OSHA, construction, FY2025: 356 citations under 29 CFR 1910.134.
- 1
1910.134(e)(1) General. 79 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(c)(1) 52 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 …”
- 3
1910.134(f)(2) 49 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, …”
- 4
1910.134(f)(1) 25 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(k) Training and information. 21 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 …”
- 6
1910.134(g)(1)(i)(A) 19 citations
“Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or”
HazComFast count from the Labor Department's OSHA enforcement data: every federal OSHA citation issued in FY2025 to a construction employer (NAICS 23), by the paragraph cited. Paragraph text: eCFR, current as of September 24, 2026. data.dol.gov
Montana Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
91 of them in Montana (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in Montana, FY2025: Roofing Contractors (41), Framing Contractors (13) and Siding Contractors (9), out of 89 inspections opened (federal OSHA and State Plan combined).
- Fatal injury rate in Montana, 2024: 5.8 per 100,000 full-time workers, all industries. BLS did not publish a 2024 construction rate here.
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 Respiratory Protection Compliance Tools
Respiratory Protection FAQ for Montana
Which Montana construction trades are inspected most?
The construction trades inspected most in Montana in FY2025 were Roofing Contractors (41), Framing Contractors (13) and Siding Contractors (9), out of 89 inspections opened, federal OSHA and State Plan combined (HazComFast count from Labor Department enforcement data). Federal OSHA issued no citations under 29 CFR 1910.134 to Montana construction employers that year. Federal OSHA inspects these employers directly, since Montana has no state plan covering the private sector. For context, federal OSHA issued 91 citations across 62 inspections of Montana construction employers in FY2025 (HazComFast count from Labor Department enforcement data). Companies in these trades should self-audit against 29 CFR 1910.134 on a recurring basis.
How often is Respiratory Protection cited on Montana jobsites?
OSHA's cited-standards tool does not break Montana out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 91 citations across 62 inspections of Montana construction employers, none of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in Montana can come from any inspection: programmed, complaint-driven or post-accident. Montana's fatality figures are shown above.
Who enforces respiratory protection in Montana?
Federal OSHA, not a state agency. Montana has no state plan, so federal compliance officers from OSHA's Denver region inspect and cite 1910.134 in general industry and construction.
Can I get free OSHA help in Montana without an inspection?
Yes. OSHA's On-Site Consultation Program in Montana is Montana Consultation Program (Montana Department of Labor & Industry - Safety & Health Bureau). 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.
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.
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 maxMaryland29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05own maxNevadaNRS 618.297 (wildfire smoke air quality)North Carolina13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6)
Other OSHA Standards in Montana
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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