In North Carolina, 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 North Carolina Department of Labor - OSH Division.
29 CFR 1910.134 · North Carolina
Respiratory Protection Requirements in North Carolina
Respiratory Protection in North Carolina: 2026 penalties, who enforces 13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6), the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
North CarolinaGeneral Industry (29 CFR 1910)State Plan: North Carolina Department of Labor - OSH Division
In FY2025, North Carolina Department of Labor - OSH Division cited 29 CFR 1910.134 14 times in North Carolina construction (0.9% of its construction citations there, the 18th most-cited standard there). The paragraph cited most was 1910.134(c)(2)(i) with 3 citations.
14
1910.134 citations in North Carolina construction, FY2025
(c)(2)(i)
paragraph cited most in North Carolina (3 citations)
7.9
fatal work injuries per 100,000 full-time workers in construction, North Carolina, 2024 (BLS)
North Carolina 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-0814
citations of 29 CFR 1910.134 (FY2025)
$487
penalties for this standard
0.9%
of the state's 1,610 construction citations
In FY2025, North Carolina Department of Labor - OSH Division cited 29 CFR 1910.134 (Respiratory Protection) 14 times on North Carolina construction jobsites with $487 in penalties for it (current amounts), about 0.9% of every construction citation the state issued that year. That put it 18th on North Carolina's most-cited construction list for FY2025.
What North Carolina's own rule says
“First responder operations plus level. First responders at operations plus level are individuals who respond to hydrocarbon fuel tank leaks where the leaking tanks contain a hydrocarbon fuel which is used to propel the vehicle on which the tank is located.”
Respiratory protection itself is incorporated federal text in North Carolina. What the state added sits next to it: a sixth emergency-response training level in 1910.120(q)(6) for hydrocarbon fuel tank leaks on highway, industrial, agricultural and construction vehicles. Responders at that level need training at least equal to first responder operations level plus demonstrated competency in the added areas, and the employer must certify it. It is a level that exists nowhere in the federal standard, and it changes who may approach a leaking fuel tank and in what protection.
13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6)The duty itself differs from the federal text.
Read in North Carolina Department of Labor - OSH Division's own rule text · verified 2026-08-08
Harmful exposures and work deaths in North Carolina, 2024
North Carolina recorded 196 fatal work injuries in 2024, up from 177 in 2023. Exposure to harmful substances or environments caused 20 of them (10%). Construction accounted for 37.
Source: BLS Census of Fatal Occupational Injuries, North Carolina, 2024
How North Carolina Enforces 29 CFR 1910.134
North Carolina runs an OSHA-approved State Plan administered by North Carolina Department of Labor - OSH Division, which covers private-sector construction. Its compliance officers enforce North Carolina's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is 13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6), which differs from the federal text (see the state rule above). North Carolina Department of Labor - OSH Division cited 29 CFR 1910.134 14 times in North Carolina construction in FY2025 (OSHA Frequently Cited Standards). North Carolina applies the federal penalty maximums.
In North Carolina, the FY2025 citations under 29 CFR 1910.134 went most often to Siding Contractors (5) and Drywall and Insulation Contractors (5). A single inspection can produce several per-instance citations. Recurring self-audits against 13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6), before an officer arrives, are the most reliable defense.
HazComFast records the state of every jobsite and shows that the North Carolina State Plan governs it. Start free
Help and oversight in North Carolina
Free, confidential help: OSHA On-Site Consultation
In North Carolina, the program is Bureau of Consultative Services (North Carolina Department of Labor – OSH Division). 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.
North Carolina consultation program · OSHA consultation directory
Read on osha.gov and the state's official statute site, September 26, 2026.
North Carolina 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) |
North Carolina applies the federal OSHA maximums. Amounts are ceilings per violation. North Carolina Department of Labor - OSH Division computes proposed penalties under its own State Plan procedures.
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 North Carolina: North Carolina Department of Labor - OSH Division inspects private employers, construction included, under an OSHA-approved State Plan. North Carolina Department of Labor - OSH Division can add requirements beyond the federal standard above, so check its own rules as well.
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 North Carolina, FY2025
North Carolina Department of Labor - OSH Division issued 14 citations under 29 CFR 1910.134 to North Carolina construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1910.134(c)(2)(i) 3 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 …”
- 2
1910.134(c)(1) 2 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 …”
- 3
1910.134(c)(2)(ii) 2 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 …”
- 4
1910.134(e)(1) General. 2 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 …”
- 5
1910.134(f)(1) 1 citation
“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) 1 citation
“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
North Carolina Safety & Enforcement Profile
1,610
FY2025 construction citations
North Carolina Department of Labor - OSH Division
Enforces private construction
- Construction trades inspected most in North Carolina, FY2025: Framing Contractors (266), New Single-Family Housing Construction (except For-Sale Builders) (187) and Roofing Contractors (170), out of 987 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in North Carolina, FY2025: Siding Contractors (5), Drywall and Insulation Contractors (5) and Industrial Building Construction (2), of 14 citations.
- Construction fatality rate in North Carolina, 2024: 7.9 per 100,000 full-time workers, 28th highest of the 40 states BLS published (all industries: 4.1).
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 North Carolina
Which North Carolina construction trades are cited most under Respiratory Protection?
In FY2025, North Carolina Department of Labor - OSH Division issued 14 citations under 29 CFR 1910.134 to North Carolina construction employers, most often to Siding Contractors (5), Drywall and Insulation Contractors (5) and Industrial Building Construction (2) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). North Carolina Department of Labor - OSH Division inspects these employers directly and may apply requirements beyond the federal standard. For context, North Carolina Department of Labor - OSH Division issued 1,610 construction citations across 498 inspections in FY2025. Companies in these trades should self-audit against 13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6), North Carolina's own rule on this subject.
How often is Respiratory Protection cited on North Carolina jobsites?
In FY2025, North Carolina's state plan (North Carolina Department of Labor - OSH Division) issued 1,610 construction citations across 498 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. North Carolina's fatality figures are shown above.
Does NCDOL require respirator fit-testing in North Carolina?
Yes. Under 29 CFR 1910.134, any worker required to wear a tight-fitting respirator must pass a fit-test before first use and at least annually, plus a medical evaluation and training. NCDOL, the state's own OSHA program, enforces this in North Carolina.
Who enforces respiratory protection (1910.134) in North Carolina?
The North Carolina Department of Labor (NCDOL). North Carolina runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.134 in general industry and construction.
Can I get free OSHA help in North Carolina without an inspection?
Yes. OSHA's On-Site Consultation Program in North Carolina is Bureau of Consultative Services (North Carolina Department of Labor – OSH Division). 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 North Carolina cite 29 CFR 1910.134 in construction?
In FY2025, North Carolina Department of Labor - OSH Division cited 29 CFR 1910.134 (Respiratory Protection) 14 times on North Carolina construction jobsites, with $487 in penalties for that standard alone (current amounts), about 0.9% of the 1,610 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
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
13 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)South CarolinaS.C. Code Ann. Regs. ch. 71, Subarticle 6, modification Gown max
Other OSHA Standards in North Carolina
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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