In North Dakota, 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 federal OSHA.
29 CFR 1910.134 · North Dakota
Respiratory Protection Requirements in North Dakota
Respiratory Protection in North Dakota: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
North DakotaGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
In FY2025, federal OSHA cited 29 CFR 1910.134 1 time in North Dakota construction (0.7% of its construction citations there, the 18th most-cited standard there). The paragraph cited most was 1910.134(c)(1) with 1 citation.
1
1910.134 citations in North Dakota construction, FY2025
(c)(1)
paragraph cited most in North Dakota (1 citation)
6.8
fatal work injuries per 100,000 full-time workers, all industries, North Dakota, 2024 (BLS)
Federal OSHA in North Dakota: 29 CFR 1910.134, FY2025
Counted · 2026-09-261
citations of 29 CFR 1910.134 in 1 inspections
$4,966
penalties, current amounts ($8,276 as first proposed)
0.7%
of the 146 federal construction citations in North Dakota
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 1 times in inspections of North Dakota construction employers. It ranked 18th of the 25 standards cited in them. By classification: 1 serious. Most-cited paragraphs: 1910.134(c)(1) (1).
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 North Dakota
North Dakota 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 – Noise Induced Hearing Loss
CPL 2022-02 · Denver Regional Office · effective February 15, 2022
“This Instruction applies to all Area Offices in Region VIII.”
The Denver region names the outcome rather than the exposure: noise-induced hearing loss. It covers every area office in Region VIII, so Colorado, Montana, North Dakota and South Dakota are all inside it, and it pairs with the region's silica program on the health side.
Regional Emphasis Program on Silica in Cut Stone and Slab Handling Operations
CPL 2022-01 · Denver Regional Office · effective February 8, 2022
“This Notice applies to Cut Stone and Stone Products operations, NAICS code 327991, located within the jurisdiction of each Area Office in Region VIII.”
Respirable crystalline silica in cut stone and slab handling is targeted by NAICS 327991 across every Region VIII area office. An inspection under this program looks at the exposure assessment, the respiratory protection program and the hazard communication for silica.
Harmful exposures and work deaths in North Dakota, 2024
North Dakota recorded 28 fatal work injuries in 2024, up from 26 in 2023. BLS did not publish a separate 2024 count of deaths from exposure to harmful substances or environments for North Dakota. Construction accounted for 3.
Source: BLS Census of Fatal Occupational Injuries, North Dakota, 2024
How North Dakota Enforces 29 CFR 1910.134
North Dakota has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1910.134 is enforced by U.S. Department of Labor compliance officers using standard federal procedures and the federal penalty maximums.
In North Dakota, the FY2025 citations under 29 CFR 1910.134 went most often to Commercial and Institutional Building Construction (1). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1910.134, before an officer arrives, are the most reliable defense.
Help and oversight in North Dakota
Free, confidential help: OSHA On-Site Consultation
In North Dakota, the program is Continuing Education, Training and Innovation (North Dakota Occupational Safety and Health). 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 Dakota consultation program · OSHA consultation directory
Who inspects private employers here
Federal OSHA, from the Bismarck Area Office (Bismarck).
Read on osha.gov and the state's official statute site, September 26, 2026.
North Dakota 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 Dakota 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 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 Dakota: Federal OSHA inspects private construction employers; North Dakota has no State Plan.
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 Dakota, FY2025
Federal OSHA issued 1 citation under 29 CFR 1910.134 to North Dakota construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1910.134(c)(1) 1 citation
“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 …”
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 Dakota Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
146 of them in North Dakota (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in North Dakota, FY2025: Roofing Contractors (48), Commercial and Institutional Building Construction (26) and Plumbing, Heating, and Air-Conditioning Contractors (20), out of 178 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in North Dakota, FY2025: Commercial and Institutional Building Construction (1), of 1 citations.
- Fatal injury rate in North Dakota, 2024: 6.8 per 100,000 full-time workers, all industries. BLS did not publish a 2024 construction rate here.
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 Dakota
Which North Dakota construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 1 citations under 29 CFR 1910.134 to North Dakota construction employers, most often to Commercial and Institutional Building Construction (1) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Federal OSHA inspects these employers directly, since North Dakota has no state plan covering the private sector. For context, federal OSHA issued 146 citations across 82 inspections of North Dakota construction employers in FY2025 (HazComFast count from Labor Department enforcement data). Companies in these trades should self-audit against 29 CFR 1910.134 on a recurring basis.
How often is Respiratory Protection cited on North Dakota jobsites?
OSHA's cited-standards tool does not break North Dakota out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 146 citations across 82 inspections of North Dakota construction employers, 1 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in North Dakota can come from any inspection: programmed, complaint-driven or post-accident. North Dakota's fatality figures are shown above.
Who enforces respiratory protection in North Dakota?
Federal OSHA, not a state agency. North Dakota has no state plan, so federal compliance officers from OSHA's Denver region inspect and cite 1910.134 in general industry and construction.
Can I get free OSHA help in North Dakota without an inspection?
Yes. OSHA's On-Site Consultation Program in North Dakota is Continuing Education, Training and Innovation (North Dakota Occupational Safety and Health). 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 1910.134 in North Dakota construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 1 times in 1 inspections of North Dakota construction employers, with $4,966 in penalties at current amounts ($8,276 as first proposed), 0.7% of the 146 citations those inspections produced. It ranked 18th of the 25 standards cited. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
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
14 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)North Carolina13 NCAC 07F .0103, adding a training level to 29 CFR 1910.120(q)(6)
Other OSHA Standards in North Dakota
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.
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