In South Carolina, a serious violation of 29 CFR 1910.134 (Respiratory Protection) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Respiratory Protection is enforced for private construction employers by South Carolina OSHA (SC OSHA). South Carolina sets its own maximums, below the federal baseline.
29 CFR 1910.134 · South Carolina
Respiratory Protection Requirements in South Carolina
Respiratory Protection in South Carolina: 2026 penalties, who enforces S.C. Code Ann. Regs. ch. 71, Subarticle 6, modification G, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
South CarolinaGeneral Industry (29 CFR 1910)State Plan: South Carolina OSHA (SC OSHA)State-set maximums
In FY2025, South Carolina OSHA (SC OSHA) cited 29 CFR 1910.134 3 times in South Carolina construction (1.6% of its construction citations there, the 16th most-cited standard there). The paragraph cited most was 1910.134(c)(1) with 1 citation.
3
1910.134 citations in South Carolina construction, FY2025
(c)(1)
paragraph cited most in South Carolina (1 citation)
12.8
fatal work injuries per 100,000 full-time workers in construction, South Carolina, 2024 (BLS)
South Carolina 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-083
citations of 29 CFR 1910.134 (FY2025)
$100
penalties for this standard
1.6%
of the state's 191 construction citations
In FY2025, South Carolina OSHA (SC OSHA) cited 29 CFR 1910.134 (Respiratory Protection) 3 times on South Carolina construction jobsites with $100 in penalties for it (current amounts), about 1.6% of every construction citation the state issued that year. That put it 16th on South Carolina's most-cited construction list for FY2025.
What South Carolina's own rule says
“prior to the assembly of the entire firefighting team, a qualified incident commander may allow two or more employees to enter the IDLH atmosphere with one employee located outside the IDLH atmosphere until the arrival of additional employees”
South Carolina's general industry subarticle is identical to Part 1910 except for seven listed modifications, and one of them changes the two-in/two-out rule. Where federal 1910.134(g)(4) requires at least two employees outside an IDLH atmosphere, South Carolina lets a qualified incident commander proceed with one, on five conditions: the commander has completed the Incident Command System course certified by the South Carolina Fire Academy, the entrants have completed the Basic Firefighter Course or equivalent, the standard staffing pattern is not feasible, the commander has judged the entry safe with the personnel on site, and additional employees are imminent. It is a narrow, conditioned relaxation, and the certifications are named.
S.C. Code Ann. Regs. ch. 71, Subarticle 6, modification GThe duty itself differs from the federal text.
Read in South Carolina OSHA (SC OSHA)'s own rule text · verified 2026-08-08
Harmful exposures and work deaths in South Carolina, 2024
South Carolina recorded 103 fatal work injuries in 2024, down from 112 in 2023. Exposure to harmful substances or environments caused 24 of them (23%). Construction accounted for 24.
Source: BLS Census of Fatal Occupational Injuries, South Carolina, 2024
How South Carolina Enforces 29 CFR 1910.134
South Carolina runs an OSHA-approved State Plan administered by South Carolina OSHA (SC OSHA), which covers private-sector construction. Its compliance officers enforce South Carolina's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is S.C. Code Ann. Regs. ch. 71, Subarticle 6, modification G, which differs from the federal text (see the state rule above). South Carolina OSHA (SC OSHA) cited 29 CFR 1910.134 3 times in South Carolina construction in FY2025 (OSHA Frequently Cited Standards). South Carolina also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
In South Carolina, the FY2025 citations under 29 CFR 1910.134 went most often to Roofing Contractors (3). A single inspection can produce several per-instance citations. Recurring self-audits against S.C. Code Ann. Regs. ch. 71, Subarticle 6, modification G, before an officer arrives, are the most reliable defense.
HazComFast records the state of every jobsite and shows that the South Carolina State Plan governs it. Start free
Help and oversight in South Carolina
Free, confidential help: OSHA On-Site Consultation
In South Carolina, the program is Office of Outreach and Education/SC OSHA (South Carolina Department of Labor – Licensing and Regulation). 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.
South Carolina consultation program · OSHA consultation directory
Read on osha.gov and the state's official statute site, September 26, 2026.
South Carolina Penalty Amounts for 29 CFR 1910.134 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $7,000 | South Carolina state maximum |
| Willful | $70,000 | South Carolina state maximum |
| Repeat | $70,000 | South Carolina state maximum |
| Failure to abate | $7,000/day | South Carolina state maximum per day |
South Carolina (S.C. Code §41-15-320) sets its own maximums and has not adopted the post-2016 federal increases: serious and other-than-serious violations up to $7,000; willful or repeat violations up to $70,000; failure to correct up to $7,000 per day. Amounts are ceilings per violation. South Carolina OSHA (SC OSHA) computes proposed penalties under its own State Plan procedures.
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 South Carolina: South Carolina OSHA (SC OSHA) inspects private employers, construction included, under an OSHA-approved State Plan. South Carolina OSHA (SC 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 1910.134 are on the 29 CFR 1910.134 page.
Most-Cited Respiratory Protection Paragraphs in South Carolina, FY2025
South Carolina OSHA (SC OSHA) issued 3 citations under 29 CFR 1910.134 to South Carolina construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $7,000.
- 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 …”
- 2
1910.134(e)(1) General. 1 citation
“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 …”
- 3
1910.134(f)(1) 1 citation
“The employer shall ensure that employees using a tight-fitting facepiece respirator pass an appropriate qualitative fit test (QLFT) or quantitative fit test (QNFT) as stated in this paragraph.”
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
South Carolina Safety & Enforcement Profile
191
FY2025 construction citations
South Carolina OSHA (SC OSHA)
Enforces private construction
- Construction trades inspected most in South Carolina, FY2025: Commercial and Institutional Building Construction (102), Roofing Contractors (20) and Framing Contractors (16), out of 244 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in South Carolina, FY2025: Roofing Contractors (3), of 3 citations.
- Construction fatality rate in South Carolina, 2024: 12.8 per 100,000 full-time workers, 8th highest of the 40 states BLS published (all industries: 4.5).
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 South Carolina
What are the penalties for 29 CFR 1910.134 violations in South Carolina in 2026?
In South Carolina, a serious violation of 29 CFR 1910.134 carries a maximum penalty of $7,000 per violation, and a willful or repeat violation up to $70,000. South Carolina sets its own maximums, below the federal baseline. South Carolina (S.C. Code §41-15-320) sets its own maximums and has not adopted the post-2016 federal increases: serious and other-than-serious violations up to $7,000; willful or repeat violations up to $70,000; failure to correct up to $7,000 per day. Each distinct violation can be cited as its own item. (Source: S.C. Code §41-15-320; verified 2026-10-05.)
Which South Carolina construction trades are cited most under Respiratory Protection?
In FY2025, South Carolina OSHA (SC OSHA) issued 3 citations under 29 CFR 1910.134 to South Carolina construction employers, most often to Roofing Contractors (3) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). South Carolina OSHA (SC OSHA) inspects these employers directly and may apply requirements beyond the federal standard. For context, South Carolina OSHA (SC OSHA) issued 191 construction citations across 115 inspections in FY2025. Companies in these trades should self-audit against S.C. Code Ann. Regs. ch. 71, Subarticle 6, modification G, South Carolina's own rule on this subject.
How often is Respiratory Protection cited on South Carolina jobsites?
In FY2025, South Carolina's state plan (South Carolina OSHA (SC OSHA)) issued 191 construction citations across 115 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. South Carolina's fatality figures are shown above.
Does SC OSHA require respirator fit-testing?
Yes. Under 29 CFR 1910.134, any worker required to wear a tight-fitting respirator must pass a fit-test before first use and at least annually, plus a medical evaluation and training. SC OSHA, the state's own program, enforces this and cited 1910.134 3 times in FY2025 construction.
Who enforces respiratory protection (1910.134) in South Carolina?
SC OSHA, South Carolina OSHA, a division of the Department of Labor, Licensing and Regulation. South Carolina runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.134 in general industry and construction.
Can I get free OSHA help in South Carolina without an inspection?
Yes. OSHA's On-Site Consultation Program in South Carolina is Office of Outreach and Education/SC OSHA (South Carolina Department of Labor – Licensing and Regulation). 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 South Carolina cite 29 CFR 1910.134 in construction?
In FY2025, South Carolina OSHA (SC OSHA) cited 29 CFR 1910.134 (Respiratory Protection) 3 times on South Carolina construction jobsites, with $100 in penalties for that standard alone (current amounts), about 1.6% of the 191 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
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
13 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 South Carolina
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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Serious violation, South Carolina
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