In New York, a serious violation of 29 CFR 1926.451 (Scaffolding) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Scaffolding 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 1926.451 · New York
Scaffolding Requirements in New York
Scaffolding in New York: 2026 penalties, who enforces 29 CFR 1926.451, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
New YorkConstruction (29 CFR 1926)Federal OSHA (private) · State plan (public)
In FY2025, federal OSHA cited 29 CFR 1926.451 173 times in New York construction (10.2% of its construction citations there, the 3rd most-cited standard there). The paragraph cited most was 1926.451(g)(1) with 38 citations.
173
1926.451 citations in New York construction, FY2025
(g)(1)
paragraph cited most in New York (38 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 1926.451, FY2025
Counted · 2026-09-26173
citations of 29 CFR 1926.451 in 99 inspections
$694,916
penalties, current amounts ($880,927 as first proposed)
10.2%
of the 1,704 federal construction citations in New York
In FY2025, federal OSHA cited 29 CFR 1926.451 (Scaffolding) 173 times in inspections of New York construction employers. It ranked third of the 72 standards cited in them. By classification: 163 serious, 6 repeat, 3 willful, 1 other-than-serious. Most-cited paragraphs: 1926.451(g)(1) (38), 1926.451(e)(1) (26), 1926.451(g)(1)(vii) (24).
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 – Construction Work Sites – Local Targeting
CPL 04-02-2402 · New York Regional Office · effective October 1, 2023 · expires September 30, 2028
“This instruction applies to all Region II Area Offices.”
Region II targets construction worksites locally rather than by a single hazard, which means the inspection is scheduled because of where and what the project is, not because a specific violation was reported. The program runs to September 30, 2028. New Jersey and New York both operate State Plans covering public employees only, so private construction in both states sits under this federal program.
Falls and work deaths in New York, 2024
New York recorded 159 fatal work injuries in 2024, down from 177 in 2023. Falls, slips and trips caused 33 of them (21%). Construction accounted for 33, 14 of them from falls, slips and trips.
Source: BLS Census of Fatal Occupational Injuries, New York, 2024
How New York Enforces 29 CFR 1926.451
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 1926.451 directly using the federal penalty maximums. So if you run a private construction company in New York, Scaffolding 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 1926.451 went most often to Roofing Contractors (44) and Masonry Contractors (29). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1926.451, 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 1926.451 (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 Scaffolding Requirements 29 CFR 1926.451
- Design to support 4x intended load
- Provide guardrails on open sides above 10 feet
- Inspect before each shift by competent person
- Train workers on scaffold hazards
- Ensure proper access (ladders, stairways)
- Follow requirements specific to scaffold type
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 1926.451 are on the 29 CFR 1926.451 page.
Most-Cited Scaffolding Paragraphs in New York, FY2025
Federal OSHA issued 173 citations under 29 CFR 1926.451 to New York construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1926.451(g)(1) 38 citations
“Each employee on a scaffold more than 10 feet (3.1 m) above a lower level shall be protected from falling to that lower level. Paragraphs (g)(1) (i) through …”
- 2
1926.451(e)(1) 26 citations
“When scaffold platforms are more than 2 feet (0.6 m) above or below a point of access, portable ladders, hook-on ladders, attachable ladders, stair towers (scaffold stairways/towers), stairway-type …”
- 3
1926.451(g)(1)(vii) 24 citations
“For all scaffolds not otherwise specified in paragraphs (g)(1)(i) through (g)(1)(vi) of this section, each employee shall be protected by the use of personal fall arrest systems or …”
- 4
1926.451(b)(1) 17 citations
“Each platform on all working levels of scaffolds shall be fully planked or decked between the front uprights and the guardrail supports as follows:”
- 5
1926.451(g)(4)(i) 8 citations
“Guardrail systems shall be installed along all open sides and ends of platforms. Guardrail systems shall be installed before the scaffold is released for use by employees other …”
- 6
1926.451(f)(7) 7 citations
“Scaffolds shall be erected, moved, dismantled, or altered only under the supervision and direction of a competent person qualified in scaffold erection, moving, dismantling or alteration. Such activities …”
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 1926.451 in New York, FY2025: Roofing Contractors (44), Masonry Contractors (29) and Siding Contractors (20), of 173 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 Scaffolding Compliance Tools
Scaffolding FAQ for New York
Which New York construction trades are cited most under Scaffolding?
In FY2025, federal OSHA issued 173 citations under 29 CFR 1926.451 to New York construction employers, most often to Roofing Contractors (44), Masonry Contractors (29) and Siding Contractors (20) (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 1926.451 on a recurring basis.
How often is Scaffolding 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, 173 of them under 29 CFR 1926.451 (HazComFast count). A Scaffolding 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 scaffolding rules (1926.451) on a private New York construction site?
Federal OSHA. New York's state plan (PESH) covers only public employees, so a private construction employer is inspected and cited by a U.S. Department of Labor compliance officer out of OSHA's New York City region, 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 1926.451 in New York construction?
In FY2025, federal OSHA cited 29 CFR 1926.451 (Scaffolding) 173 times in 99 inspections of New York construction employers, with $694,916 in penalties at current amounts ($880,927 as first proposed), 10.2% of the 1,704 citations those inspections produced. It ranked third of the 72 standards cited. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
Scaffolding Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Scaffolding in Other States
8 other state plans write a rule of their own for 29 CFR 1926.451 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska29 CFR 1926.451 as adopted by 8 AAC 61.1010(c), with 8 AAC 61.1145 for exposuresCalifornia8 CCR §1637, with railings under §1621(a)own maxHawaiiHAR §12-110-50(b), with the fall restraint anchorage rule at (b)(2)Maryland29 CFR 1926.451 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.04own maxMichiganMIOSHA Construction Safety Standard Part 12, R 408.41201, with R 408.41210(2)own maxNevadaNAC 618.507, with the construction project definition at NAC 618.494Oregon29 CFR 1926.451 as adopted, plus OAR 437-003-0071, -0073 and -0074own maxUtah29 CFR 1926.451 as incorporated by R614-1-4.A.4, with R614-1-5.C.3 and C.4own max
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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