In New York, a serious violation of 29 CFR 1910.147 (Lockout/Tagout (LOTO)) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Lockout/Tagout (LOTO) 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 1910.147 · New York
Lockout/Tagout (LOTO) Requirements in New York
Lockout/Tagout (LOTO) in New York: 2026 penalties, who enforces 29 CFR 1910.147, 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 1910.147 does not apply to construction work. In New York, federal OSHA enforces 29 CFR 1910.147. 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)
Federal OSHA in New York: 29 CFR 1910.147, FY2025
Counted · 2026-09-263
citations of 29 CFR 1910.147 in 2 inspections
$12,085
penalties, current amounts ($31,446 as first proposed)
0.2%
of the 1,704 federal construction citations in New York
In FY2025, federal OSHA cited 29 CFR 1910.147 (Lockout/Tagout (LOTO)) 3 times in inspections of New York construction employers. It ranked 40th of the 72 standards cited in them. By classification: 3 other-than-serious. Most-cited paragraphs: 1910.147(c)(1) (1), 1910.147(c)(7)(i) (1), 1910.147(f)(2)(i) (1).
NAICS 23 classifies the employer, not the work. 29 CFR 1910.147 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
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 – Refuse Handlers and Haulers
CPL 04-02-2401 · New York Regional Office · effective October 1, 2023
“This instruction applies to all Region II Area Offices.”
Refuse handling and hauling is programmed across every Region II area office. It reaches hazardous energy control because the injuries it targets come from compaction and baling equipment (packer blades and balers that must be locked out before anyone clears a jam), and it reaches protective equipment through the hazard assessment that waste handling calls for.
Contact incidents and work deaths in New York, 2024
New York recorded 159 fatal work injuries in 2024, down from 177 in 2023. Contact incidents caused 24 of them (15%). Construction accounted for 33.
Source: BLS Census of Fatal Occupational Injuries, New York, 2024
How New York Enforces 29 CFR 1910.147
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 1910.147 directly using the federal penalty maximums. So if you run a private construction company in New York, Lockout/Tagout (LOTO) citations come from a federal Department of Labor compliance officer, not New York State Department of Labor (PESH).
29 CFR 1910.147 is a general-industry standard and does not govern construction work. “This standard does not cover the following: (A) Construction and agriculture employment”. Branding a construction program “1910.147 compliant” cites the wrong standard. Unlike confined spaces, Part 1926 has no wholesale re-enactment of 1910.147: construction energy-control duties are spread across hazard-specific provisions, so no single construction equivalent is named here. A New York contractor auditing against 29 CFR 1910.147 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 1910.147 (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 Lockout/Tagout (LOTO) Requirements 29 CFR 1910.147
- Develop machine-specific energy control procedures
- Train authorized, affected, and other employees
- Use standardized lockout/tagout devices
- Follow the 6-step LOTO sequence
- Conduct annual periodic inspections of procedures
- Coordinate group lockout for multi-employee servicing
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 1910.147 are on the 29 CFR 1910.147 page.
What a Lockout/Tagout (LOTO) Violation Looks Like
Each item below breaches a specific paragraph of 29 CFR 1910.147. It is a list of requirements, not a ranking. A serious violation carries up to $16,550.
- No documented, machine-specific energy control procedures (1910.147(c)(4)).
- Failure to conduct the required at-least-annual periodic inspection of procedures (1910.147(c)(6)).
- Authorized/affected employees not trained (or retrained after changes) (1910.147(c)(7)).
- Stored or residual energy not released or restrained before servicing (1910.147(d)(5)).
- No verification of de-energization/isolation before work begins (1910.147(d)(6)).
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 Lockout/Tagout (LOTO) Compliance Tools
Lockout/Tagout (LOTO) FAQ for New York
Which New York industries most often face a Lockout/Tagout (LOTO) inspection?
Lockout/Tagout (LOTO) 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 is not governed by 29 CFR 1910.147, and the construction-side duties on this subject are not concentrated in a single standard. Check your Part 1926 obligations instead.
How often is Lockout/Tagout (LOTO) cited in New York?
29 CFR 1910.147 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 standard does not cover the following: (A) Construction and agriculture employment”. Branding a construction program “1910.147 compliant” cites the wrong standard. Unlike confined spaces, Part 1926 has no wholesale re-enactment of 1910.147: construction energy-control duties are spread across hazard-specific provisions, so no single construction equivalent is named here. A construction employer is not governed by 29 CFR 1910.147, and the construction-side duties on this subject are not concentrated in a single standard. Check your Part 1926 obligations instead.
Does OSHA require a written lockout/tagout program for New York employers?
Yes. 29 CFR 1910.147 requires an energy control program with documented procedures for the equipment serviced, employee training, and a periodic inspection of each procedure at least annually. For private New York employers, federal OSHA can cite the missing program, missing machine-specific steps, or the failure to isolate stored energy before service.
Who enforces lockout/tagout (1910.147) 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 1910.147 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 1910.147 in New York construction?
In FY2025, federal OSHA cited 29 CFR 1910.147 (Lockout/Tagout (LOTO)) 3 times in 2 inspections of New York construction employers, with $12,085 in penalties at current amounts ($31,446 as first proposed), 0.2% of the 1,704 citations those inspections produced. It ranked 40th of the 72 standards cited. NAICS 23 classifies the employer, not the work: 29 CFR 1910.147 does not govern construction work itself. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
Lockout/Tagout (LOTO) Guides & Resources
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Related standards
Lockout/Tagout (LOTO) in Other States
7 other state plans write a rule of their own for 29 CFR 1910.147 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
California8 CCR §3314 (applied to all employments by §3202(a))own maxHawaii29 CFR 1910.147 as incorporated by HAR §12-60-50(a), with §12-60-4 and §12-60-6Indiana29 CFR 1910.147 as applied in Indiana; review by the board of safety review, not OSHRCown maxKentucky803 KAR 2:309, Section 3own maxMinnesotaMinn. R. 5207.0600Nevada29 CFR 1910.147 as applied in Nevada, with NRS 618.383UtahUtah Admin. Code R614-1-5.D.6.bown maxAlabama
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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