In South Carolina, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Confined Spaces is enforced for private construction employers by South Carolina OSHA (SC OSHA). South Carolina sets its own maximums, below the federal baseline.
29 CFR 1910.146 · South Carolina
Confined Spaces Requirements in South Carolina
Confined Spaces in South Carolina: 2026 penalties, who enforces 29 CFR 1910.146 as adopted by Subarticle 6; competent person for excavations revised at Subarticle 7, modification F, 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
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 South Carolina, South Carolina OSHA (SC OSHA) enforces 29 CFR 1910.146. A serious violation carries up to $7,000 in South Carolina.
$7,000
maximum for a serious violation in South Carolina
$70,000
maximum for a willful or repeat violation in South Carolina
4.5
fatal work injuries per 100,000 full-time workers, all industries, South Carolina, 2024 (BLS)
What South Carolina's own rule says
“In order to be a competent person for the purpose of this standard one must have had specific training in, and be knowledgeable about … the use of protective systems, and the requirements of this standard.”
The permit-space program is federal text in South Carolina. The state's one modification in this territory is next door, in excavations: it rewrites the competent person definition at 1926.650(b) to require specific training and demonstrable knowledge, where the federal definition asks only for capability to identify hazards and authority to correct them. On a trench that is also a permit-required confined space, both apply, and the person signing the entry permit has a state-defined training threshold to meet that the federal definition does not state.
29 CFR 1910.146 as adopted by Subarticle 6; competent person for excavations revised at Subarticle 7, modification FThe 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 1910.146
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 29 CFR 1910.146 as adopted by Subarticle 6; competent person for excavations revised at Subarticle 7, modification F, which differs from the federal text (see the state rule above). South Carolina OSHA (SC OSHA) issued no citations under 29 CFR 1910.146 in South Carolina construction in FY2025. South Carolina also sets its own civil-penalty maximums, below 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). A South Carolina 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 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 1910.146 (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 Confined Spaces Requirements 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 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 1910.146 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 $7,000.
- 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)).
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).
- 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. 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 South Carolina
What are the penalties for 29 CFR 1910.146 violations in South Carolina in 2026?
In South Carolina, a serious violation of 29 CFR 1910.146 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 industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in South Carolina, not the construction trades. South Carolina OSHA (SC 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 South Carolina?
29 CFR 1910.146 is enforced against general-industry employers in South Carolina, so the construction citation totals published for South Carolina (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' under 1910.146 in South Carolina?
A confined space is permit-required if it has a hazardous atmosphere (or the potential for one), an engulfment hazard, an inward-converging configuration that could trap a worker, or any other recognized serious hazard. South Carolina employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan, enforced by SC OSHA.
Who enforces confined-space rules (1910.146) in South Carolina?
SC OSHA, South Carolina OSHA, a division of the Department of Labor, Licensing and Regulation, not federal OSHA. South Carolina runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.146 on private jobsites.
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.
Confined Spaces Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Confined Spaces in Other States
13 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 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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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, South Carolina
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