In New Jersey, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Confined Spaces is enforced for private construction employers by federal OSHA (the state plan, NJ Public Employees Occupational Safety and Health (PEOSH), covers only public employees).
29 CFR 1910.146 · New Jersey
Confined Spaces Requirements in New Jersey
Confined Spaces in New Jersey: 2026 penalties, who enforces 29 CFR 1910.146, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
New JerseyGeneral Industry (29 CFR 1910)Federal OSHA (private) · State plan (public)
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 New Jersey, federal OSHA enforces 29 CFR 1910.146. The federal maximum for a serious violation is $16,550.
$16,550
federal maximum for a serious violation
$165,514
federal maximum for a willful or repeat violation
1.9
fatal work injuries per 100,000 full-time workers, all industries, New Jersey, 2024 (BLS)
Federal OSHA in New Jersey: 29 CFR 1910.146, FY2025
Counted · 2026-09-261
citations of 29 CFR 1910.146 in 1 inspections
$10,404
penalties, current amounts ($13,005 as first proposed)
0.1%
of the 1,109 federal construction citations in New Jersey
In FY2025, federal OSHA cited 29 CFR 1910.146 (Confined Spaces) 1 times in inspections of New Jersey construction employers. It ranked 39th of the 55 standards cited in them. By classification: 1 other-than-serious. Most-cited paragraphs: 1910.146(c)(8)(iv) (1).
NAICS 23 classifies the employer, not the work. 29 CFR 1910.146 does not govern construction work, so these citations do not measure what happens on construction jobsites.
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
Harmful exposures and work deaths in New Jersey, 2024
New Jersey recorded 84 fatal work injuries in 2024, up from 81 in 2023. Exposure to harmful substances or environments caused 10 of them (12%). Construction accounted for 17.
Source: BLS Census of Fatal Occupational Injuries, New Jersey, 2024
Confined Spaces Cases in New Jersey
KNY 26671 LLC, operating as Cooperative Laundry
$252,994 proposedKearny, New Jersey · 2025
A commercial laundry. OSHA says a worker was seriously injured on January 18, 2025, while performing maintenance on an industrial dryer, and that it opened the investigation on a referral from the Kearny Police Department. The citations allege that the employer had not evaluated its permit-required confined spaces, had not notified employees that the spaces existed, had not developed a permit space program, and had not used lockout/tagout to prevent the machine from starting up. Three willful and nine serious violations were cited, along with no training for authorized employees, unguarded belts and no periodic inspections. The penalties are proposed and may be contested before the review commission.
U.S. Department of Labor / OSHA news release 25-1190-NEW, August 11, 2025How New Jersey Enforces 29 CFR 1910.146
New Jersey operates an OSHA-approved state plan (NJ Public Employees Occupational Safety and Health (PEOSH)), but it covers only state and local government employees. Private-sector construction employers in New Jersey are inspected by federal OSHA, which enforces 29 CFR 1910.146 directly using the federal penalty maximums. So if you run a private construction company in New Jersey, Confined Spaces citations come from a federal Department of Labor compliance officer, not NJ Public Employees Occupational Safety and Health (PEOSH).
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 New Jersey 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.
For a private-sector jobsite in New Jersey, HazComFast shows that federal OSHA has jurisdiction, because the state plan covers public employers only. Start free
Help and oversight in New Jersey
Free, confidential help: OSHA On-Site Consultation
In New Jersey, the program is OSHA On-Site Consultation Service (New Jersey Department of Labor and Workforce Development). 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 Jersey consultation program · OSHA consultation directory
A State Plan for public employers only
“PEOSH covers all state and local government workers in the state.” “OSHA also exercises authority over private sector employers in the state and federal OSHA standards apply to these workers.”
Initial approval January 11, 2001 · 29 CFR 1952.25 · osha.gov
Who inspects private employers here
Federal OSHA, from the Avenel Area Office (Avenel), the Hasbrouck Heights Area Office (Hasbrouck Heights), the Marlton Area Office (Marlton) and the Parsippany Area Office (Parsippany).
Read on osha.gov and the state's official statute site, September 26, 2026.
New Jersey Penalty Amounts for 29 CFR 1910.146 (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 Jersey 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 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 New Jersey: Federal OSHA inspects private construction employers; the NJ Public Employees Occupational Safety and Health (PEOSH) State Plan covers state and local government workers only.
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 $16,550.
- 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)).
New Jersey Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
1,109 of them in New Jersey (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in New Jersey, FY2025: Framing Contractors (195), Highway, Street, and Bridge Construction (176) and Roofing Contractors (163), out of 1,078 inspections opened (federal OSHA and State Plan combined).
- Construction fatality rate in New Jersey, 2024: 6.1 per 100,000 full-time workers, 38th highest of the 40 states BLS published (all industries: 1.9).
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 New Jersey
Which New Jersey industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in New Jersey, not the construction trades. Private-sector employers answer to federal OSHA (the NJ Public Employees Occupational Safety and Health (PEOSH) plan covers only public workers). 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 New Jersey?
29 CFR 1910.146 is enforced against general-industry employers in New Jersey, so the construction citation totals published for New Jersey (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).
Who enforces confined-space rules (1910.146) for a private New Jersey employer?
Federal OSHA. New Jersey's PEOSH plan covers only public employees, so a compliance officer from OSHA's New York City region inspects and cites 1910.146 on private jobsites, at the federal penalty maximums.
Can I get free OSHA help in New Jersey without an inspection?
Yes. OSHA's On-Site Consultation Program in New Jersey is OSHA On-Site Consultation Service (New Jersey Department of Labor and Workforce Development). 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 1910.146 in New Jersey construction?
In FY2025, federal OSHA cited 29 CFR 1910.146 (Confined Spaces) 1 times in 1 inspections of New Jersey construction employers, with $10,404 in penalties at current amounts ($13,005 as first proposed), 0.1% of the 1,109 citations those inspections produced. It ranked 39th of the 55 standards cited. NAICS 23 classifies the employer, not the work: 29 CFR 1910.146 does not govern construction work itself. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
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 New Jersey
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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