In New York, 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, New York State Department of Labor (PESH), covers only public employees).
29 CFR 1910.146 · New York
Confined Spaces Requirements in New York
Confined Spaces in New York: 2026 penalties, who enforces 29 CFR 1910.146, 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)
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 York, 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
2.4
fatal work injuries per 100,000 full-time workers, all industries, New York, 2024 (BLS)
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
Confined Spaces Cases in New York
Western NY Concrete Corp.
$30,663 initial - $19,900 finalBatavia, New York - ready-mix engulfment fatality · 2021
In September 2021, a worker near a sand hopper fell in, was engulfed and suffocated. OSHA cited six items: a General Duty Clause citation under section 5(a)(1), a walking-working surfaces citation under 1910.28(b)(6), machine guarding under 1910.212(a)(1), and the three opening paragraphs of the permit-space standard, 1910.146(c)(1) evaluate the workplace to identify permit-required confined spaces, (c)(2) inform exposed employees by danger signs or equally effective means, and (c)(3) prevent entry effectively if the employer decides no one will enter. The employer contested; all six items stayed on the record and the penalties went from $30,663 to $19,900.
OSHA inspection 1553008.015 (Fat/Cat) - OSHA Establishment SearchHow New York Enforces 29 CFR 1910.146
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 1910.146 directly using the federal penalty maximums. So if you run a private construction company in New York, Confined Spaces citations come from a federal Department of Labor compliance officer, not New York State Department of Labor (PESH).
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 York 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 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 1910.146 (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 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 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 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 1910.146 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 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).
- 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. 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 York
Which New York industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in New York, not the construction trades. Private-sector employers answer to federal OSHA (the New York State Department of Labor (PESH) 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 York?
29 CFR 1910.146 is enforced against general-industry employers in New York, so the construction citation totals published for New York (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 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 1910.146 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.
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 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.
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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