In New Hampshire, 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 · New Hampshire
Respiratory Protection Requirements in New Hampshire
Respiratory Protection in New Hampshire: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
New HampshireGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
In FY2025, federal OSHA cited 29 CFR 1910.134 8 times in New Hampshire construction (2.1% of its construction citations there, the 14th most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 2 citations.
8
1910.134 citations in New Hampshire construction, FY2025
(e)(1)
paragraph cited most in New Hampshire (2 citations)
10.4
fatal work injuries per 100,000 full-time workers in construction, New Hampshire, 2024 (BLS)
Federal OSHA in New Hampshire: 29 CFR 1910.134, FY2025
Counted · 2026-09-268
citations of 29 CFR 1910.134 in 3 inspections
$5,807
penalties, current amounts ($19,681 as first proposed)
2.1%
of the 375 federal construction citations in New Hampshire
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 8 times in inspections of New Hampshire construction employers. It ranked 14th of the 53 standards cited in them. By classification: 5 serious, 3 other-than-serious. Most-cited paragraphs: 1910.134(e)(1) (2), 1910.134(c)(1) (1), 1910.134(k)(6) (1).
Counted by HazComFast from the U.S. Department of Labor's OSHA enforcement data (inspection and violation tables, retrieved September 26, 2026): citations issued October 1, 2024 – September 30, 2025 on federal OSHA inspections of construction employers (NAICS 23) in the state, deleted citations excluded, penalties at current amounts. OSHA's own cited-standards tool does not break federal states out; summed over every state, this count matches it within a few citations (6,778 for 1926.501, against 6,772). data.dol.gov
What federal OSHA is targeting in New Hampshire
New Hampshire 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 Local Emphasis Program for Noise in the Workplace
BOS-CPL-04-00-029 · Boston Regional Office · effective October 1, 2024
“This instruction applies to Federal OSHA, Boston Region jurisdiction.”
Noise carries its own programmed-inspection program across the Boston region. It is the program most likely to put a hearing conservation file and a PPE hazard assessment in front of an inspector in these five states, and it runs alongside the region's residential construction, crane and forklift programs rather than instead of them.
Harmful exposures and work deaths in New Hampshire, 2024
New Hampshire recorded 12 fatal work injuries in 2024, down from 21 in 2023. Exposure to harmful substances or environments caused 3 of them (25%). Construction accounted for 5.
Source: BLS Census of Fatal Occupational Injuries, New Hampshire, 2024
How New Hampshire Enforces 29 CFR 1910.134
New Hampshire 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.
In New Hampshire, the FY2025 citations under 29 CFR 1910.134 went most often to Highway, Street, and Bridge Construction (4) and Flooring Contractors (3). 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 New Hampshire
Free, confidential help: OSHA On-Site Consultation
In New Hampshire, the program is WorkWISE NH (Keene State College). 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.
New Hampshire consultation program · OSHA consultation directory
Who inspects private employers here
Federal OSHA, from the Concord Area Office (Concord).
Read on osha.gov and the state's official statute site, September 26, 2026.
New Hampshire 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) |
New Hampshire 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 New Hampshire: Federal OSHA inspects private construction employers; New Hampshire 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.
Most-Cited Respiratory Protection Paragraphs in New Hampshire, FY2025
Federal OSHA issued 8 citations under 29 CFR 1910.134 to New Hampshire 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. 2 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) 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 …”
- 3
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 …”
- 4
1910.134(f)(2) 1 citation
“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, …”
- 5
1910.134(g)(1)(i)(A) 1 citation
“Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or”
- 6
1910.134(h)(2)(i) 1 citation
“All respirators shall be stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals, and they shall be packed or stored to …”
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
New Hampshire Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
375 of them in New Hampshire (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in New Hampshire, FY2025: Roofing Contractors (46), Framing Contractors (20) and New Multifamily Housing Construction (except For-Sale Builders) (11), out of 150 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in New Hampshire, FY2025: Highway, Street, and Bridge Construction (4), Flooring Contractors (3) and Poured Concrete Foundation and Structure Contractors (1), of 8 citations.
- Construction fatality rate in New Hampshire, 2024: 10.4 per 100,000 full-time workers, 13th highest of the 40 states BLS published (all industries: 1.7).
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 New Hampshire
Which New Hampshire construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 8 citations under 29 CFR 1910.134 to New Hampshire construction employers, most often to Highway, Street, and Bridge Construction (4), Flooring Contractors (3) and Poured Concrete Foundation and Structure Contractors (1) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Federal OSHA inspects these employers directly, since New Hampshire has no state plan covering the private sector. For context, federal OSHA issued 375 citations across 85 inspections of New Hampshire 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 New Hampshire jobsites?
OSHA's cited-standards tool does not break New Hampshire out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 375 citations across 85 inspections of New Hampshire construction employers, 8 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in New Hampshire can come from any inspection: programmed, complaint-driven or post-accident. New Hampshire's fatality figures are shown above.
Who enforces respiratory protection in New Hampshire?
Federal OSHA, not a state agency. New Hampshire has no state plan, so federal compliance officers from OSHA's Boston region inspect and cite 1910.134 in general industry and construction.
Can I get free OSHA help in New Hampshire without an inspection?
Yes. OSHA's On-Site Consultation Program in New Hampshire is WorkWISE NH (Keene State College). 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 federal OSHA cite 29 CFR 1910.134 in New Hampshire construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 8 times in 3 inspections of New Hampshire construction employers, with $5,807 in penalties at current amounts ($19,681 as first proposed), 2.1% of the 375 citations those inspections produced. It ranked 14th of the 53 standards cited. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
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 New Hampshire
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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