In North Carolina, a serious Confined Spaces violation 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 North Carolina Department of Labor - OSH Division, under 13 NCAC 07F .0207, incorporating bloodborne pathogens into construction at 29 CFR 1926.1130 rather than 29 CFR 1910.146.
29 CFR 1910.146 · North Carolina
Confined Spaces Requirements in North Carolina
Confined Spaces in North Carolina: 2026 penalties, who enforces 13 NCAC 07F .0207, incorporating bloodborne pathogens into construction at 29 CFR 1926.1130, 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
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 North Carolina, North Carolina Department of Labor - OSH Division enforces the state's own rule on this subject, 13 NCAC 07F .0207, incorporating bloodborne pathogens into construction at 29 CFR 1926.1130. 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
4.1
fatal work injuries per 100,000 full-time workers, all industries, North Carolina, 2024 (BLS)
What North Carolina's own rule says
“incorporation of the existing standard for Bloodborne Pathogens, 29 CFR 1910.1030, excluding subparagraph (e) HIV and HBV Research Laboratories and Production Facilities, into the Safety & Health Regulations for Construction at 29 CFR 1926.1130.”
Permit-space entry is incorporated federal text in North Carolina. The state addition that reaches rescue teams and attendants is elsewhere: North Carolina created a construction bloodborne pathogens standard at 1926.1130, a section number that does not exist in the federal Part 1926. It carries the 1910.1030 requirements with the research-laboratory paragraph removed, and it narrows the definition of occupational exposure to contact arising from collateral first aid duties. A confined-space rescue plan on a North Carolina site sits inside that standard, not outside it.
13 NCAC 07F .0207, incorporating bloodborne pathogens into construction at 29 CFR 1926.1130The 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 Confined Spaces
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 .0207, incorporating bloodborne pathogens into construction at 29 CFR 1926.1130, which differs from the federal text (see the state rule above). North Carolina Department of Labor - OSH Division issued no citations under 29 CFR 1910.146 in North Carolina construction in FY2025. North Carolina applies the federal penalty maximums.
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 North Carolina 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.
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 Confined Spaces (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 Confined Spaces Requirements Under the Federal Standard 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 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 1910.146 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)).
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).
- 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. 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 North Carolina
Which North Carolina industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in North Carolina, not the construction trades. North Carolina Department of Labor - OSH Division inspects these employers directly and may apply requirements beyond the federal standard. 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 North Carolina?
29 CFR 1910.146 is enforced against general-industry employers in North Carolina, so the construction citation totals published for North Carolina (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).
What makes a space a 'permit-required confined space' under 1910.146 in North Carolina?
A confined space is permit-required if it has a hazardous atmosphere (or the potential for one), an engulfment hazard, an inward-converging configuration that could trap a worker, or any other recognized serious hazard. North Carolina employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan, enforced by NCDOL, the state's own OSHA program.
Who enforces confined-space rules (1910.146) in North Carolina?
The North Carolina Department of Labor (NCDOL), not federal OSHA. North Carolina runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.146 on private jobsites.
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.
Confined Spaces Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Confined Spaces in Other States
13 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 maxSouth Carolina29 CFR 1910.146 as adopted by Subarticle 6; competent person for excavations revised at Subarticle 7, modification Fown 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.
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.
Serious Violation
$16,550
per violation (max)
VS
HazComFast Pro
$199/mo
10 jobsites, unlimited chemicals, unlimited workers
New sign-ups are paused. The free tools below need no account, and customers can log in as usual.
Your account keeps working as usual. Cancel anytime.