In New York, a serious violation of 29 CFR 1926.501 (Fall Protection) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Fall 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 1926.501 · New York
Fall Protection Requirements in New York
Fall Protection in New York: 2026 penalties, who enforces 29 CFR 1926.501, 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 1926.501 411 times in New York construction (24.1% of its construction citations there, the standard it cited most). The paragraph cited most was 1926.501(b)(13), residential construction, with 216 citations.
411
1926.501 citations in New York construction, FY2025
(b)(13)
paragraph cited most in New York (216 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 1926.501, FY2025
Counted · 2026-09-26411
citations of 29 CFR 1926.501 in 397 inspections
$2,755,789
penalties, current amounts ($3,542,580 as first proposed)
24.1%
of the 1,704 federal construction citations in New York
In FY2025, federal OSHA cited 29 CFR 1926.501 (Fall Protection) 411 times in inspections of New York construction employers. No standard was cited more often in those inspections. By classification: 323 serious, 56 repeat, 17 willful, 15 other-than-serious. Most-cited paragraphs: 1926.501(b)(13) (216), 1926.501(b)(10) (54), 1926.501(b)(1) (47).
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
Fall Protection Cases in New York
ALJ Home Improvement Inc.
$687,536Ho-Ho-Kus, New Jersey worksite (Spring Valley, New York contractor) · 2024
In August 2022, OSHA inspected a Ho-Ho-Kus, New Jersey, residential site, less than six months after an employee of this Spring Valley, New York, roofing company suffered a fatal fall. It issued three per-instance egregious-willful fall protection citations, a willful ladder citation and four serious citations. The company withdrew its contest in March 2024, and the review commission affirmed the citations and the $687,536 penalty. OSHA had inspected the contractor 10 times since 2019, including after employees suffered fatal falls in 2019 and 2022.
U.S. Department of Labor / OSHA news release, March 21, 2024How New York Enforces 29 CFR 1926.501
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 1926.501 directly using the federal penalty maximums. So if you run a private construction company in New York, Fall 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 1926.501 went most often to Roofing Contractors (254) and Framing Contractors (47). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1926.501, 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 1926.501 (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 Fall Protection Requirements 29 CFR 1926.501
- Provide fall protection at 6 feet above a lower level: a guardrail, safety net, or personal fall arrest system
- Protect workers at unprotected sides/edges, leading edges, hoist areas, ramps, and excavation edges (1926.501(b))
- Cover or guard every floor hole and skylight: protection from falling through above 6 ft, and from stepping in at any height
- Related duties under neighboring standards: system criteria 1926.502, training 1926.503, scaffold fall protection 1926.451(g)
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 1926.501 are on the 29 CFR 1926.501 page.
Most-Cited Fall Protection Paragraphs in New York, FY2025
Federal OSHA issued 411 citations under 29 CFR 1926.501 to New York construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1926.501(b)(13) Residential construction. 216 citations
“Each employee engaged in residential construction activities 6 feet (1.8 m) or more above lower levels shall be protected by guardrail systems, safety net system, or personal fall …”
- 2
1926.501(b)(10) Roofing work on Low-slope roofs. 54 citations
“Except as otherwise provided in paragraph (b) of this section, each employee engaged in roofing activities on low-slope roofs, with unprotected sides and edges 6 feet (1.8 m) …”
- 3
1926.501(b)(1) Unprotected sides and edges. 47 citations
“Each employee on a walking/working surface (horizontal and vertical surface) with an unprotected side or edge which is 6 feet (1.8 m) or more above a lower level …”
- 4
1926.501(b)(11) Steep roofs. 42 citations
“Each employee on a steep roof with unprotected sides and edges 6 feet (1.8 m) or more above lower levels shall be protected from falling by guardrail systems …”
- 5
1926.501(b)(4)(ii) 20 citations
“Each employee on a walking/working surface shall be protected from tripping in or stepping into or through holes (including skylights) by covers.”
- 6
1926.501(b)(15) Walking/working surfaces not otherwise addressed. 17 citations
“Except as provided in § 1926.500(a)(2) or in § 1926.501 (b)(1) through (b)(14), each employee on a walking/working surface 6 feet (1.8 m) or more above lower levels …”
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 1926.501 in New York, FY2025: Roofing Contractors (254), Framing Contractors (47) and Commercial and Institutional Building Construction (20), of 411 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 Fall Protection Compliance Tools
Fall Protection FAQ for New York
Which New York construction trades are cited most under Fall Protection?
In FY2025, federal OSHA issued 411 citations under 29 CFR 1926.501 to New York construction employers, most often to Roofing Contractors (254), Framing Contractors (47) and Commercial and Institutional Building Construction (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 1926.501 on a recurring basis.
How often is Fall 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, 411 of them under 29 CFR 1926.501 (HazComFast count). A Fall Protection citation in New York can come from any inspection: programmed, complaint-driven or post-accident. New York's fatality figures are shown above.
Does New York's State Plan cover my construction company?
Only if it is a state or local government employer. New York's PESH State Plan covers state and local government employees only; a private-sector construction employer in New York is under federal OSHA, which enforces 29 CFR 1926.501 using the federal maximums ($16,550 serious / $165,514 willful-repeat in 2026).
What is a large OSHA fall-protection penalty in New York?
In 2024, roofing contractor ALJ Home Improvement withdrew its contest of egregious-willful citations, affirming a $687,536 penalty. OSHA had inspected it after employees' fatal falls in 2019 and 2022. In 2026, Long Island contractor DME Construction Associates agreed to pay a $600,000 penalty in a settlement over an employee's August 2021 fatal fall of 18 feet through an unprotected skylight. Its citations included eight egregious per-instance willful items, one for each of the eight employees on the roof (source: US DOL / OSHA news releases).
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 1926.501 in New York construction?
In FY2025, federal OSHA cited 29 CFR 1926.501 (Fall Protection) 411 times in 397 inspections of New York construction employers, with $2,755,789 in penalties at current amounts ($3,542,580 as first proposed), 24.1% of the 1,704 citations those inspections produced. No standard was cited more often there. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
Fall Protection Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Related standards
Fall Protection in Other States
14 other state plans write a rule of their own for 29 CFR 1926.501 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska29 CFR 1926.501 as adopted by 8 AAC 61.1010(c), with 8 AAC 61.1150 for steel erectionCalifornia8 CCR §1670(a), with §1621(a) for railings and §1730 for roofingown maxHawaiiHAR §12-110-3, with the definition of "infeasible" at §12-110-50(b)(1)Kentucky803 KAR 2:412own maxMaryland29 CFR 1926.501 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.07own maxMichiganMIOSHA Construction Safety Standard Part 45, R 408.44501 to R 408.44502own maxMinnesota29 CFR 1926.501 as adopted by Minn. R. 5205.0010, subp. 6, with Minn. R. 5207.0250NevadaNRS 618.983 and NRS 618.987 (mandatory OSHA-10 and OSHA-30)
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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