In Oregon, a serious Confined Spaces violation carries a maximum penalty of $17,004 per violation in 2026, rising to $170,046 for a willful or repeat violation. Confined Spaces is enforced for private construction employers by Oregon OSHA, under OAR 437-002-0146 rather than 29 CFR 1910.146. Oregon sets its own maximums, above the federal baseline.
29 CFR 1910.146 · Oregon
Confined Spaces Requirements in Oregon
Confined Spaces in Oregon: 2026 penalties, who enforces 29 CFR 1910.146, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
OregonGeneral Industry (29 CFR 1910)State Plan: Oregon OSHAState-set maximums
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 Oregon, Oregon OSHA enforces the state's own rule on this subject, OAR 437-002-0146. A serious violation carries up to $17,004 in Oregon.
$17,004
maximum for a serious violation in Oregon
$170,046
maximum for a willful or repeat violation in Oregon
2.6
fatal work injuries per 100,000 full-time workers, all industries, Oregon, 2024 (BLS)
What Oregon's own rule says
“29 CFR 1910.146 Permit-required confined spaces. Repealed with Oregon OSHA AO 6-2012, filed 9/28/12, effective 4/1/13. In Oregon, OAR 437-002-0146 applies.”
Permit-required confined spaces is another federal section Oregon repealed rather than adopted. Since April 2013 the governing rule has been OAR 437-002-0146. A program written to the federal numbering therefore points to a section Oregon does not enforce. (The old construction training paragraph 1926.21(b)(6) is no help either: it was removed from the federal text in 2015, 80 FR 25518.)
OAR 437-002-0146The duty matches the federal text. Only the citation number differs.
Harmful exposures and work deaths in Oregon, 2024
Oregon recorded 52 fatal work injuries in 2024, down from 54 in 2023. BLS did not publish a separate 2024 count of deaths from exposure to harmful substances or environments for Oregon. Construction accounted for 8.
Source: BLS Census of Fatal Occupational Injuries, Oregon, 2024
How Oregon Enforces Confined Spaces
Oregon runs an OSHA-approved State Plan administered by Oregon OSHA, which covers private-sector construction. Its compliance officers enforce Oregon's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is OAR 437-002-0146. Oregon OSHA issued no citations under 29 CFR 1910.146 in Oregon construction in FY2025. Oregon also sets its own civil-penalty maximums, above the federal baseline (see the penalty table below).
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). An Oregon 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 Oregon State Plan governs it. Start free
Help and oversight in Oregon
Free, confidential help: OSHA On-Site Consultation
In Oregon, the program is Oregon OSHA Consultation Services (Department of Consumer & Business Services). 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.
Read on osha.gov and the state's official statute site, September 26, 2026.
Oregon Penalty Amounts for Confined Spaces (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $17,004 | Oregon state maximum |
| Willful | $170,046 | Oregon state maximum |
| Repeat | $170,046 | Oregon state maximum |
| Failure to abate | State schedule | Oregon publishes its own failure-to-abate amount; see the state schedule |
Oregon OSHA sets its own maximums (ORS 654.086(4), OAR 437-001-0142; adjusted annually by Bulletin 1-2026, effective Jan 1, 2026): serious up to $17,004; willful/repeat up to $170,046. Where a violation caused or contributed to a work-related death, Oregon sets a mandatory minimum as well as a higher ceiling, and the two differ by violation class: a serious violation carries $21,765 to $54,412, and a repeat or willful violation carries $54,412 to $272,058 (Bulletin 1-2026 penalty tables). A willful or repeat violation that caused or contributed to a death has its own tier: up to $272,058 in 2026 (Bulletin 1-2026). Amounts are ceilings per violation. Oregon OSHA 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 Oregon: Oregon OSHA inspects private employers, construction included, under an OSHA-approved State Plan. Oregon OSHA 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 $17,004.
- 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)).
Oregon Safety & Enforcement Profile
1,752
FY2025 construction citations
Oregon OSHA
Enforces private construction
- Construction trades inspected most in Oregon, FY2025: Roofing Contractors (264), New Single-Family Housing Construction (except For-Sale Builders) (246) and Commercial and Institutional Building Construction (81), out of 1,207 inspections opened (federal OSHA and State Plan combined).
- Construction fatality rate in Oregon, 2024: 5.8 per 100,000 full-time workers, 40th highest of the 40 states BLS published (all industries: 2.6).
- Oregon OSHA's permanent heat illness prevention rule, OAR 437-002-0156, took effect June 15, 2022. It is triggered when the heat index equals or exceeds 80°F, indoors or outdoors. (OAR 437-002-0156(1) and its history note (OSHA 3-2022))
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 Oregon
What are the penalties for Confined Spaces violations in Oregon in 2026?
In Oregon, a serious Confined Spaces violation carries a maximum penalty of $17,004 per violation, and a willful or repeat violation up to $170,046. Oregon sets its own maximums, above the federal baseline. Oregon OSHA sets its own maximums (ORS 654.086(4), OAR 437-001-0142; adjusted annually by Bulletin 1-2026, effective Jan 1, 2026): serious up to $17,004; willful/repeat up to $170,046. Where a violation caused or contributed to a work-related death, Oregon sets a mandatory minimum as well as a higher ceiling, and the two differ by violation class: a serious violation carries $21,765 to $54,412, and a repeat or willful violation carries $54,412 to $272,058 (Bulletin 1-2026 penalty tables). A willful or repeat violation that caused or contributed to a death has its own tier: up to $272,058 in 2026 (Bulletin 1-2026). Each distinct violation can be cited as its own item. (Source: ORS 654.086(4) + OAR 437-001-0142; verified 2026-10-05.)
Which Oregon industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Oregon, not the construction trades. Oregon OSHA 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 Oregon?
29 CFR 1910.146 is enforced against general-industry employers in Oregon, so the construction citation totals published for Oregon (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' in Oregon?
Under OAR 437-002-0146, which replaced 29 CFR 1910.146 in Oregon in April 2013, a confined space is a permit space if it contains or could contain a hazardous atmosphere, contains a material that could engulf an entrant, has inwardly converging walls or a downward-sloping, tapering floor that could trap or asphyxiate an entrant, or contains any other recognized serious safety or health hazard that can inhibit an entrant's ability to escape unaided. Oregon employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan, enforced by Oregon OSHA.
Who enforces confined-space rules in Oregon?
Oregon OSHA (OR-OSHA), a division of the Department of Consumer and Business Services, not federal OSHA. Oregon runs a full OSHA-approved State Plan and cites OAR 437-002-0146, which replaced 29 CFR 1910.146 in Oregon in April 2013.
Can I get free OSHA help in Oregon without an inspection?
Yes. OSHA's On-Site Consultation Program in Oregon is Oregon OSHA Consultation Services (Department of Consumer & Business Services). 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
14 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 maxNorth Carolina13 NCAC 07F .0207, incorporating bloodborne pathogens into construction at 29 CFR 1926.1130
Other OSHA Standards in Oregon
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, Oregon
$17,004
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.