In Pennsylvania, 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 · Pennsylvania
Respiratory Protection Requirements in Pennsylvania
Respiratory Protection in Pennsylvania: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
PennsylvaniaGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
In FY2025, federal OSHA cited 29 CFR 1910.134 36 times in Pennsylvania construction (2.9% of its construction citations there, the 7th most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 9 citations.
36
1910.134 citations in Pennsylvania construction, FY2025
(e)(1)
paragraph cited most in Pennsylvania (9 citations)
11.9
fatal work injuries per 100,000 full-time workers in construction, Pennsylvania, 2024 (BLS)
Federal OSHA in Pennsylvania: 29 CFR 1910.134, FY2025
Counted · 2026-09-2636
citations of 29 CFR 1910.134 in 15 inspections
$55,983
penalties, current amounts ($62,994 as first proposed)
2.9%
of the 1,245 federal construction citations in Pennsylvania
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 36 times in inspections of Pennsylvania construction employers. It ranked seventh of the 79 standards cited in them. By classification: 20 serious, 16 other-than-serious. Most-cited paragraphs: 1910.134(e)(1) (9), 1910.134(f)(2) (9), 1910.134(c)(1) (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 Pennsylvania
Pennsylvania 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 High Level Noise
2023-15 (CPL 4) · Philadelphia Regional Office · effective October 1, 2023
“This Instruction applies to all Federal Area Offices in Region 3.”
High-level noise is programmed across every federal area office in Region III. Together with the region's fall-hazard program, it covers every federal area office serving the District, Delaware, Pennsylvania and West Virginia: one directive on the construction side, one on the health side.
Local Emphasis Program for Health Hazards in Metal Fabrication
2023-14 (CPL 04) · Philadelphia Regional Office · effective October 1, 2023
“This Instruction applies to the Pittsburgh Area Office.”
Health hazards in metal fabrication are targeted through one office only: Pittsburgh. It is a good example of how narrow a local emphasis program can be: the same work in Philadelphia or Allentown is not inside this program, and a contractor should check the office rather than the state.
Harmful exposures and work deaths in Pennsylvania, 2024
Pennsylvania recorded 185 fatal work injuries in 2024, up from 169 in 2023. Exposure to harmful substances or environments caused 22 of them (12%). Construction accounted for 48.
Source: BLS Census of Fatal Occupational Injuries, Pennsylvania, 2024
Respiratory Protection Cases in Pennsylvania
Zep Inc. (AFCO)
$161,310Chambersburg, Pennsylvania - chemical release · 2025
A July 2024 nitrogen dioxide release sent 12 workers to a local hospital for evaluation; two were admitted. OSHA found the manufacturer's respiratory protection program did not meet federal requirements, and cited hazard communication and emergency-response failures in the same case, with $161,310 in proposed penalties.
U.S. Department of Labor / OSHA news release, January 14, 2025How Pennsylvania Enforces 29 CFR 1910.134
Pennsylvania 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 Pennsylvania, the FY2025 citations under 29 CFR 1910.134 went most often to Drywall and Insulation Contractors (8) and Masonry Contractors (5). 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 Pennsylvania
Free, confidential help: OSHA On-Site Consultation
In Pennsylvania, the program is Pennsylvania OSHA Consultation. 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.
Pennsylvania consultation program · OSHA consultation directory
Who inspects private employers here
Federal OSHA, from the Allentown Area Office (Center Valley), the Erie Area Office (Erie), the Harrisburg Area Office (Harrisburg), the Philadelphia Area Office (Philadelphia), the Pittsburgh Area Office (Pittsburgh) and the Wilkes-Barre Area Office (Wilkes-Barre).
Read on osha.gov and the state's official statute site, September 26, 2026.
Pennsylvania 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) |
Pennsylvania 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 Pennsylvania: Federal OSHA inspects private construction employers; Pennsylvania 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 Pennsylvania, FY2025
Federal OSHA issued 36 citations under 29 CFR 1910.134 to Pennsylvania construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1910.134(e)(1) General. 9 citations
“The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator …”
- 2
1910.134(f)(2) 9 citations
“The employer shall ensure that an employee using a tight-fitting facepiece respirator is fit tested prior to initial use of the respirator, whenever a different respirator facepiece (size, …”
- 3
1910.134(c)(1) 5 citations
“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 …”
- 4
1910.134(k) Training and information. 4 citations
“This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more …”
- 5
1910.134(c)(2)(i) 3 citations
“An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not …”
- 6
1910.134(c)(2)(ii) 2 citations
“In addition, the employer must establish and implement those elements of a written respiratory protection program necessary to ensure that any employee using a respirator voluntarily is medically …”
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
Pennsylvania Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
1,245 of them in Pennsylvania (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in Pennsylvania, FY2025: Commercial and Institutional Building Construction (281), Roofing Contractors (257) and Framing Contractors (95), out of 1,354 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Pennsylvania, FY2025: Drywall and Insulation Contractors (8), Masonry Contractors (5) and Commercial and Institutional Building Construction (4), of 36 citations.
- Construction fatality rate in Pennsylvania, 2024: 11.9 per 100,000 full-time workers, 10th highest of the 40 states BLS published (all industries: 3.1).
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. 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 Pennsylvania
Which Pennsylvania construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 36 citations under 29 CFR 1910.134 to Pennsylvania construction employers, most often to Drywall and Insulation Contractors (8), Masonry Contractors (5) and Commercial and Institutional Building Construction (4) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Federal OSHA inspects these employers directly, since Pennsylvania has no state plan covering the private sector. For context, federal OSHA issued 1,245 citations across 546 inspections of Pennsylvania 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 Pennsylvania jobsites?
OSHA's cited-standards tool does not break Pennsylvania out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 1,245 citations across 546 inspections of Pennsylvania construction employers, 36 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in Pennsylvania can come from any inspection: programmed, complaint-driven or post-accident. Pennsylvania's fatality figures are shown above.
Who enforces respiratory protection (1910.134) for Pennsylvania employers?
Federal OSHA. Because Pennsylvania has no State Plan, a compliance officer from OSHA's Philadelphia region inspects and cites 1910.134 directly, at the federal penalty maximums.
Can I get free OSHA help in Pennsylvania without an inspection?
Yes. OSHA's On-Site Consultation Program in Pennsylvania is Pennsylvania OSHA Consultation. 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 Pennsylvania construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 36 times in 15 inspections of Pennsylvania construction employers, with $55,983 in penalties at current amounts ($62,994 as first proposed), 2.9% of the 1,245 citations those inspections produced. It ranked seventh of the 79 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 Pennsylvania
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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