In North Dakota, a serious violation of 29 CFR 1910.147 (Lockout/Tagout (LOTO)) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Lockout/Tagout (LOTO) is enforced for private construction employers by federal OSHA.
29 CFR 1910.147 · North Dakota
Lockout/Tagout (LOTO) Requirements in North Dakota
Lockout/Tagout (LOTO) in North Dakota: 2026 penalties, who enforces 29 CFR 1910.147, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
North DakotaGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
29 CFR 1910.147 does not apply to construction work. In North Dakota, federal OSHA enforces 29 CFR 1910.147. 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
6.8
fatal work injuries per 100,000 full-time workers, all industries, North Dakota, 2024 (BLS)
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 for Grain Handling Facilities
DEN-CPL-04-00-003 · Denver Regional Office · effective October 9, 2024
“This Instruction applies to operations with potential hazards in grain handling facilities located within the jurisdiction of each Area Office in the Denver Region.”
Every area office in the Denver region runs a grain handling program. In Colorado, Montana, North Dakota and South Dakota it brings bin entry and energy control procedures into programmed inspections at grain handling facilities.
Regional Emphasis Program for the Oil and Gas Industry
DEN-CPL-04-00-005 · Denver Regional Office · effective October 9, 2024
“This Instruction applies to Oil and Gas Industry operations located within the jurisdiction of Federal OSHA Area Offices in the Denver Region.”
The Denver region programs oil and gas operations across every federal area office, which covers the Bakken in North Dakota and the Denver-Julesburg basin in Colorado. Hazard communication, permit-space entry and energy control are the three standards a well-site inspection reaches first.
Contact incidents and work deaths in North Dakota, 2024
North Dakota recorded 28 fatal work injuries in 2024, up from 26 in 2023. Contact incidents caused 7 of them (25%). Construction accounted for 3.
Source: BLS Census of Fatal Occupational Injuries, North Dakota, 2024
How North Dakota Enforces 29 CFR 1910.147
North Dakota has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1910.147 is enforced by U.S. Department of Labor compliance officers using standard federal procedures and the federal penalty maximums.
29 CFR 1910.147 is a general-industry standard and does not govern construction work. “This standard does not cover the following: (A) Construction and agriculture employment”. Branding a construction program “1910.147 compliant” cites the wrong standard. Unlike confined spaces, Part 1926 has no wholesale re-enactment of 1910.147: construction energy-control duties are spread across hazard-specific provisions, so no single construction equivalent is named here. A North Dakota contractor auditing against 29 CFR 1910.147 is auditing against the wrong standard. The citation an officer writes on a construction site will name the 1926 provision, not this one.
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 1910.147 (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 Lockout/Tagout (LOTO) Requirements 29 CFR 1910.147
- Develop machine-specific energy control procedures
- Train authorized, affected, and other employees
- Use standardized lockout/tagout devices
- Follow the 6-step LOTO sequence
- Conduct annual periodic inspections of procedures
- Coordinate group lockout for multi-employee servicing
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 1910.147 are on the 29 CFR 1910.147 page.
What a Lockout/Tagout (LOTO) Violation Looks Like
Each item below breaches a specific paragraph of 29 CFR 1910.147. It is a list of requirements, not a ranking. A serious violation carries up to $16,550.
- No documented, machine-specific energy control procedures (1910.147(c)(4)).
- Failure to conduct the required at-least-annual periodic inspection of procedures (1910.147(c)(6)).
- Authorized/affected employees not trained (or retrained after changes) (1910.147(c)(7)).
- Stored or residual energy not released or restrained before servicing (1910.147(d)(5)).
- No verification of de-energization/isolation before work begins (1910.147(d)(6)).
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).
- 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. Industry names are the Census Bureau's 2022 NAICS titles. data.dol.gov · BLS fatality rates by state, 2024
Free Lockout/Tagout (LOTO) Compliance Tools
Lockout/Tagout (LOTO) FAQ for North Dakota
Which North Dakota industries most often face a Lockout/Tagout (LOTO) inspection?
Lockout/Tagout (LOTO) inspections reach general-industry employers in North Dakota, not the construction trades. Federal OSHA inspects these employers directly, since North Dakota has no state plan covering the private sector. A construction employer is not governed by 29 CFR 1910.147, and the construction-side duties on this subject are not concentrated in a single standard. Check your Part 1926 obligations instead.
How often is Lockout/Tagout (LOTO) cited in North Dakota?
29 CFR 1910.147 is enforced against general-industry employers in North Dakota, so the construction citation totals published for North Dakota (OSHA Frequently Cited Standards, NAICS 23) do not measure it. “This standard does not cover the following: (A) Construction and agriculture employment”. Branding a construction program “1910.147 compliant” cites the wrong standard. Unlike confined spaces, Part 1926 has no wholesale re-enactment of 1910.147: construction energy-control duties are spread across hazard-specific provisions, so no single construction equivalent is named here. A construction employer is not governed by 29 CFR 1910.147, and the construction-side duties on this subject are not concentrated in a single standard. Check your Part 1926 obligations instead.
Who enforces lockout/tagout 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 1910.147.
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.
Lockout/Tagout (LOTO) Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Related standards
Lockout/Tagout (LOTO) in Other States
7 other state plans write a rule of their own for 29 CFR 1910.147 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
California8 CCR §3314 (applied to all employments by §3202(a))own maxHawaii29 CFR 1910.147 as incorporated by HAR §12-60-50(a), with §12-60-4 and §12-60-6Indiana29 CFR 1910.147 as applied in Indiana; review by the board of safety review, not OSHRCown maxKentucky803 KAR 2:309, Section 3own maxMinnesotaMinn. R. 5207.0600Nevada29 CFR 1910.147 as applied in Nevada, with NRS 618.383UtahUtah Admin. Code R614-1-5.D.6.bown maxAlabama
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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