In Nevada, 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 Nevada Occupational Safety and Health Administration (NV OSHA).
29 CFR 1910.134 · Nevada
Respiratory Protection Requirements in Nevada
Respiratory Protection in Nevada: 2026 penalties, who enforces NRS 618.297 (wildfire smoke air quality), the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
NevadaGeneral Industry (29 CFR 1910)State Plan: Nevada Occupational Safety and Health Administration (NV OSHA)
In FY2025, Nevada Occupational Safety and Health Administration (NV OSHA) cited 29 CFR 1910.134 13 times in Nevada construction (4.1% of its construction citations there, the 7th most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 4 citations.
13
1910.134 citations in Nevada construction, FY2025
(e)(1)
paragraph cited most in Nevada (4 citations)
7.9
fatal work injuries per 100,000 full-time workers in construction, Nevada, 2024 (BLS)
Nevada 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-0813
citations of 29 CFR 1910.134 (FY2025)
$7,699
penalties for this standard
4.1%
of the state's 319 construction citations
In FY2025, Nevada Occupational Safety and Health Administration (NV OSHA) cited 29 CFR 1910.134 (Respiratory Protection) 13 times on Nevada construction jobsites with $7,699 in penalties for it (current amounts), about 4.1% of every construction citation the state issued that year. That put it seventh on Nevada's most-cited construction list for FY2025.
What Nevada's own rule says
“Measures that an employer must take to monitor air quality and reduce the exposure of an employee to poor air quality from wildfire smoke where: (1) The air quality index is 150 or more but less than 200; and (2) The air quality index is 200 or more; and … An air quality index level caused by wildfire smoke at which an employer shall not allow an employee to perform critical tasks outdoors.”
Nevada requires its Administrator to set wildfire-smoke rules at two air quality tiers and to fix a level at which outdoor critical tasks stop altogether, a hard ceiling federal law does not have. Every employer must also run a communications system that tells employees, in a way they understand, when they are being exposed at an index of 150 or more during their shift and what protective controls are available, and that lets an employee report conditions back. For outdoor construction in Nevada that turns respiratory protection into a seasonal, air-quality-driven obligation rather than only a chemical-exposure one.
NRS 618.297 (wildfire smoke air quality)The duty itself differs from the federal text.
Harmful exposures and work deaths in Nevada, 2024
Nevada recorded 33 fatal work injuries in 2024, down from 57 in 2023. Exposure to harmful substances or environments caused 5 of them (15%). Construction accounted for 9.
Source: BLS Census of Fatal Occupational Injuries, Nevada, 2024
How Nevada Enforces 29 CFR 1910.134
Nevada runs an OSHA-approved State Plan administered by Nevada Occupational Safety and Health Administration (NV OSHA), which covers private-sector construction. Its compliance officers enforce Nevada's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is NRS 618.297 (wildfire smoke air quality), which differs from the federal text (see the state rule above). Nevada Occupational Safety and Health Administration (NV OSHA) cited 29 CFR 1910.134 13 times in Nevada construction in FY2025 (OSHA Frequently Cited Standards). Nevada applies the federal penalty maximums.
In Nevada, the FY2025 citations under 29 CFR 1910.134 went most often to Roofing Contractors (5) and Flooring Contractors (4). A single inspection can produce several per-instance citations. Recurring self-audits against NRS 618.297 (wildfire smoke air quality), before an officer arrives, are the most reliable defense.
HazComFast records the state of every jobsite and shows that the Nevada State Plan governs it. Start free
Help and oversight in Nevada
Free, confidential help: OSHA On-Site Consultation
In Nevada, the program is Safety, Consultation & Training Section (Department of Business & Industry - Division of Industrial Relations). 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.
Nevada 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) |
Nevada applies the federal OSHA maximums. Amounts are ceilings per violation. Nevada Occupational Safety and Health Administration (NV OSHA) 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 Nevada: Nevada Occupational Safety and Health Administration (NV OSHA) inspects private employers, construction included, under an OSHA-approved State Plan. Nevada Occupational Safety and Health Administration (NV OSHA) 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 Nevada, FY2025
Nevada Occupational Safety and Health Administration (NV OSHA) issued 13 citations under 29 CFR 1910.134 to Nevada 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. 4 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) 3 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(k)(1) 2 citations
“The employer shall ensure that each employee can demonstrate knowledge of at least the following:”
- 4
1910.134(c)(1) 1 citation
“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 …”
- 5
1910.134(c)(2)(i) 1 citation
“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 …”
- 6
1910.134(d)(1)(iii) 1 citation
“The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification …”
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
Nevada Safety & Enforcement Profile
319
FY2025 construction citations
Nevada Occupational Safety and Health Administration (NV OSHA)
Enforces private construction
- Construction trades inspected most in Nevada, FY2025: Commercial and Institutional Building Construction (69), Roofing Contractors (36) and Site Preparation Contractors (28), out of 378 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Nevada, FY2025: Roofing Contractors (5), Flooring Contractors (4) and Drywall and Insulation Contractors (3), of 13 citations.
- Construction fatality rate in Nevada, 2024: 7.9 per 100,000 full-time workers, 28th highest of the 40 states BLS published (all industries: 2.3).
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 Nevada
Which Nevada construction trades are cited most under Respiratory Protection?
In FY2025, Nevada Occupational Safety and Health Administration (NV OSHA) issued 13 citations under 29 CFR 1910.134 to Nevada construction employers, most often to Roofing Contractors (5), Flooring Contractors (4) and Drywall and Insulation Contractors (3) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Nevada Occupational Safety and Health Administration (NV OSHA) inspects these employers directly and may apply requirements beyond the federal standard. For context, Nevada Occupational Safety and Health Administration (NV OSHA) issued 319 construction citations across 170 inspections in FY2025. Companies in these trades should self-audit against NRS 618.297 (wildfire smoke air quality), Nevada's own rule on this subject.
How often is Respiratory Protection cited on Nevada jobsites?
In FY2025, Nevada's state plan (Nevada Occupational Safety and Health Administration (NV OSHA)) issued 319 construction citations across 170 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. Nevada's fatality figures are shown above.
Does Nevada OSHA require respirator fit-testing?
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. Nevada OSHA, the state's own program, enforces this and cited 1910.134 13 times in FY2025 construction.
Who enforces respiratory protection (1910.134) in Nevada?
Nevada OSHA, the state program within the Division of Industrial Relations. Nevada 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 Nevada without an inspection?
Yes. OSHA's On-Site Consultation Program in Nevada is Safety, Consultation & Training Section (Department of Business & Industry - Division of Industrial Relations). 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 Nevada cite 29 CFR 1910.134 in construction?
In FY2025, Nevada Occupational Safety and Health Administration (NV OSHA) cited 29 CFR 1910.134 (Respiratory Protection) 13 times on Nevada construction jobsites, with $7,699 in penalties for that standard alone (current amounts), about 4.1% of the 319 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 maxMaryland29 CFR 1910.134 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.05own maxNorth 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 Nevada
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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