In New York, 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 (the state plan, New York State Department of Labor (PESH), covers only public employees).
29 CFR 1910.134 · New York
Respiratory Protection Requirements in New York
Respiratory Protection in New York: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
New YorkGeneral Industry (29 CFR 1910)Federal OSHA (private) · State plan (public)
In FY2025, federal OSHA cited 29 CFR 1910.134 49 times in New York construction (2.9% of its construction citations there, the 6th most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 9 citations.
49
1910.134 citations in New York construction, FY2025
(e)(1)
paragraph cited most in New York (9 citations)
8.9
fatal work injuries per 100,000 full-time workers in construction, New York, 2024 (BLS)
Federal OSHA in New York: 29 CFR 1910.134, FY2025
Counted · 2026-09-2649
citations of 29 CFR 1910.134 in 22 inspections
$86,632
penalties, current amounts ($109,692 as first proposed)
2.9%
of the 1,704 federal construction citations in New York
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 49 times in inspections of New York construction employers. It ranked sixth of the 72 standards cited in them. By classification: 43 serious, 1 repeat, 5 other-than-serious. Most-cited paragraphs: 1910.134(e)(1) (9), 1910.134(c)(2)(i) (7), 1910.134(c)(1) (5).
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 York
New York 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 Hazards
NYC-CPL-04-00-001 · New York Regional Office · effective December 5, 2024
“This Instruction applies to all Area Offices within the New York City Regional Office.”
Noise is programmed across every area office in the New York region, under a directive effective December 5, 2024. Hearing protection is selected, provided and used under the PPE standard, so a noise inspection is in practice a PPE inspection with a dosimeter attached.
Regional Emphasis Program – Health High Hazards – Top 50
CPL 04-02-2404 · New York Regional Office · effective October 1, 2023
“This instruction applies to all Region II Area Offices.”
Region II targets health hazards by ranking: a top-fifty list drives programmed health inspections across every area office. For an employer in New Jersey or New York, the chemical side of the program (classification, safety data sheets, exposure assessment and respiratory protection) can be the reason an inspector arrives.
Harmful exposures and work deaths in New York, 2024
New York recorded 159 fatal work injuries in 2024, down from 177 in 2023. Exposure to harmful substances or environments caused 19 of them (12%). Construction accounted for 33.
Source: BLS Census of Fatal Occupational Injuries, New York, 2024
How New York Enforces 29 CFR 1910.134
New York operates an OSHA-approved state plan (New York State Department of Labor (PESH)), but it covers only state and local government employees. Private-sector construction employers in New York are inspected by federal OSHA, which enforces 29 CFR 1910.134 directly using the federal penalty maximums. So if you run a private construction company in New York, Respiratory Protection citations come from a federal Department of Labor compliance officer, not New York State Department of Labor (PESH).
In New York, the FY2025 citations under 29 CFR 1910.134 went most often to Painting and Wall Covering Contractors (9) and Masonry Contractors (7). 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.
For a private-sector jobsite in New York, HazComFast shows that federal OSHA has jurisdiction, because the state plan covers public employers only. Start free
Help and oversight in New York
Free, confidential help: OSHA On-Site Consultation
In New York, the program is New York State Department of Labor (On-site Consultation). 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.
A State Plan for public employers only
“New York PESH 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 June 01, 1984 · 29 CFR 1952.24 · osha.gov
Who inspects private employers here
Federal OSHA, from the Albany Area Office (Albany), the Buffalo Area Office (Buffalo), the Long Island Area Office (Westbury), the Manhattan Area Office (New York), the Queens District Office of the Manhattan Area Office (Little Neck), the Syracuse Area Office (North Syracuse) and the Tarrytown Area Office (Tarrytown).
Read on osha.gov and the state's official statute site, September 26, 2026.
New York 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 York 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 York: Federal OSHA inspects private construction employers; the New York State Department of Labor (PESH) 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 1910.134 are on the 29 CFR 1910.134 page.
Most-Cited Respiratory Protection Paragraphs in New York, FY2025
Federal OSHA issued 49 citations under 29 CFR 1910.134 to New York 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. 9 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)(2)(i) 7 citations
“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 …”
- 3
1910.134(c)(1) 5 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 …”
- 4
1910.134(c)(2)(ii) 4 citations
“In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically …”
- 5
1910.134(f)(1) 4 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.”
- 6
1910.134(f)(2) 4 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, …”
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 York Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
1,704 of them in New York (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in New York, FY2025: Roofing Contractors (337), Highway, Street, and Bridge Construction (186) and Commercial and Institutional Building Construction (137), out of 1,584 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in New York, FY2025: Painting and Wall Covering Contractors (9), Masonry Contractors (7) and All Other Specialty Trade Contractors (6), of 49 citations.
- Construction fatality rate in New York, 2024: 8.9 per 100,000 full-time workers, 24th highest of the 40 states BLS published (all industries: 2.4).
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 York
Which New York construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 49 citations under 29 CFR 1910.134 to New York construction employers, most often to Painting and Wall Covering Contractors (9), Masonry Contractors (7) and All Other Specialty Trade Contractors (6) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Private-sector employers answer to federal OSHA (the New York State Department of Labor (PESH) plan covers only public workers). For context, federal OSHA issued 1,704 citations across 725 inspections of New York 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 York jobsites?
OSHA's cited-standards tool does not break New York out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 1,704 citations across 725 inspections of New York construction employers, 49 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in New York can come from any inspection: programmed, complaint-driven or post-accident. New York's fatality figures are shown above.
Who enforces respiratory protection (1910.134) for a private New York employer?
Federal OSHA. New York's PESH plan covers only public employees, so a compliance officer from OSHA's New York City region inspects and cites 1910.134 on private jobsites, at the federal penalty maximums.
Can I get free OSHA help in New York without an inspection?
Yes. OSHA's On-Site Consultation Program in New York is New York State Department of Labor (On-site Consultation). 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 York construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 49 times in 22 inspections of New York construction employers, with $86,632 in penalties at current amounts ($109,692 as first proposed), 2.9% of the 1,704 citations those inspections produced. It ranked sixth of the 72 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 York
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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