In North Dakota, a serious violation of 29 CFR 1926.451 (Scaffolding) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Scaffolding is enforced for private construction employers by federal OSHA.
29 CFR 1926.451 · North Dakota
Scaffolding Requirements in North Dakota
Scaffolding in North Dakota: 2026 penalties, who enforces 29 CFR 1926.451, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
North DakotaConstruction (29 CFR 1926)Federal OSHA Jurisdiction
In FY2025, federal OSHA cited 29 CFR 1926.451 21 times in North Dakota construction (14.4% of its construction citations there, the 2nd most-cited standard there). The paragraph cited most was 1926.451(g)(1) with 6 citations.
21
1926.451 citations in North Dakota construction, FY2025
(g)(1)
paragraph cited most in North Dakota (6 citations)
6.8
fatal work injuries per 100,000 full-time workers, all industries, North Dakota, 2024 (BLS)
Federal OSHA in North Dakota: 29 CFR 1926.451, FY2025
Counted · 2026-09-2621
citations of 29 CFR 1926.451 in 9 inspections
$46,107
penalties, current amounts ($63,747 as first proposed)
14.4%
of the 146 federal construction citations in North Dakota
In FY2025, federal OSHA cited 29 CFR 1926.451 (Scaffolding) 21 times in inspections of North Dakota construction employers. It ranked second of the 25 standards cited in them. By classification: 19 serious, 1 repeat, 1 other-than-serious. Most-cited paragraphs: 1926.451(g)(1) (6), 1926.451(a)(6) (5), 1926.451(c)(2)(v) (5).
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 for Roadway Work Zone Activities
DEN-CPL-04-00-004 · Denver Regional Office · effective October 9, 2024
“This Instruction applies to all street and highway work zones within each Area Office's jurisdiction within the Denver Region.”
The Denver region targets street and highway work zones by NAICS 237310 (highway, street and bridge construction) to reduce serious injuries and fatalities during work zone activity. For a contractor in Colorado, Montana, North Dakota or South Dakota it means roadway work is selected for inspection on the nature of the site rather than on a reported hazard, and bridge and overpass work brings the fall and scaffold standards in with it.
Falls and work deaths in North Dakota, 2024
North Dakota recorded 28 fatal work injuries in 2024, up from 26 in 2023. Falls, slips and trips caused 5 of them (18%). Construction accounted for 3, 1 of them from falls, slips and trips.
Source: BLS Census of Fatal Occupational Injuries, North Dakota, 2024
How North Dakota Enforces 29 CFR 1926.451
North Dakota has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1926.451 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 1926.451 went most often to Framing Contractors (12) and Roofing Contractors (4). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1926.451, 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 1926.451 (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 Scaffolding Requirements 29 CFR 1926.451
- Design to support 4x intended load
- Provide guardrails on open sides above 10 feet
- Inspect before each shift by competent person
- Train workers on scaffold hazards
- Ensure proper access (ladders, stairways)
- Follow requirements specific to scaffold type
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 1926.451 are on the 29 CFR 1926.451 page.
Most-Cited Scaffolding Paragraphs in North Dakota, FY2025
Federal OSHA issued 21 citations under 29 CFR 1926.451 to North Dakota construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1926.451(g)(1) 6 citations
“Each employee on a scaffold more than 10 feet (3.1 m) above a lower level shall be protected from falling to that lower level. Paragraphs (g)(1) (i) through …”
- 2
1926.451(a)(6) 5 citations
“Scaffolds shall be designed by a qualified person and shall be constructed and loaded in accordance with that design. Non-mandatory appendix A to this subpart contains examples of …”
- 3
1926.451(c)(2)(v) 5 citations
“Fork-lifts shall not be used to support scaffold platforms unless the entire platform is attached to the fork and the fork-lift is not moved horizontally while the platform …”
- 4
1926.451(c)(2) 2 citations
“Supported scaffold poles, legs, posts, frames, and uprights shall bear on base plates and mud sills or other adequate firm foundation.”
- 5
1926.451(b)(4) 1 citation
“Each end of a platform, unless cleated or otherwise restrained by hooks or equivalent means, shall extend over the centerline of its support at least 6 inches (15 …”
- 6
1926.451(c)(3) 1 citation
“Supported scaffold poles, legs, posts, frames, and uprights shall be plumb and braced to prevent swaying and displacement.”
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 1926.451 in North Dakota, FY2025: Framing Contractors (12), Roofing Contractors (4) and Structural Steel and Precast Concrete Contractors (3), of 21 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 Scaffolding Compliance Tools
Scaffolding FAQ for North Dakota
Which North Dakota construction trades are cited most under Scaffolding?
In FY2025, federal OSHA issued 21 citations under 29 CFR 1926.451 to North Dakota construction employers, most often to Framing Contractors (12), Roofing Contractors (4) and Structural Steel and Precast Concrete Contractors (3) (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 1926.451 on a recurring basis.
How often is Scaffolding 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, 21 of them under 29 CFR 1926.451 (HazComFast count). A Scaffolding 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 scaffolding rules on North Dakota construction sites?
Federal OSHA, not a state agency. North Dakota has no state plan, so federal compliance officers from OSHA's Denver region inspect and cite scaffolding under 29 CFR 1926.451, at federal penalty maximums.
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 1926.451 in North Dakota construction?
In FY2025, federal OSHA cited 29 CFR 1926.451 (Scaffolding) 21 times in 9 inspections of North Dakota construction employers, with $46,107 in penalties at current amounts ($63,747 as first proposed), 14.4% of the 146 citations those inspections produced. It ranked second of the 25 standards cited. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
Scaffolding Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Related standards
Scaffolding in Other States
8 other state plans write a rule of their own for 29 CFR 1926.451 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska29 CFR 1926.451 as adopted by 8 AAC 61.1010(c), with 8 AAC 61.1145 for exposuresCalifornia8 CCR §1637, with railings under §1621(a)own maxHawaiiHAR §12-110-50(b), with the fall restraint anchorage rule at (b)(2)Maryland29 CFR 1926.451 as adopted by COMAR 09.12.31.01, with COMAR 09.12.32.04own maxMichiganMIOSHA Construction Safety Standard Part 12, R 408.41201, with R 408.41210(2)own maxNevadaNAC 618.507, with the construction project definition at NAC 618.494Oregon29 CFR 1926.451 as adopted, plus OAR 437-003-0071, -0073 and -0074own maxUtah29 CFR 1926.451 as incorporated by R614-1-4.A.4, with R614-1-5.C.3 and C.4own max
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.
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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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