OSHA Penalties by State
OSHA Penalties in South Dakota (2026)
South Dakota is under federal OSHA jurisdiction, with no State Plan. In 2026, a serious violation carries up to $16,550 and a willful or repeat violation up to $165,514 (federal maximums).
Verified vs OSHA sources · 2026-10-05
South Dakota is directly under federal OSHA, with no approved state plan. Federal OSHA inspects and cites employers in this state, and the federal civil-penalty amounts apply directly. A serious violation carries up to $16,550 and a willful or repeat violation up to $165,514 per violation in 2026.
29 CFR 1903.15OSHA 2026 adjustment memo2026 amounts unchanged from 2025, with no inflation increase.
Is South Dakota federal OSHA or a state plan?
South Dakota is a federal OSHA state. It has no approved state plan, so federal OSHA enforces directly.
Federal OSHA inspects and cites employers in this state, and the federal civil-penalty amounts apply directly.
29 CFR 190229 approved state plans
Compare all 29 plans, their agencies and their penalty caps on the OSHA State Plans hub.
Chemical inventory reporting (EPCRA Tier II) in South Dakota
South Dakota files through its own SD Online Tier II reporting system.
South Dakota Tier II: filing system, deadline and fees, in the state's own words
South Dakota Penalty Rates (2026)
Per-violation civil penalties. South Dakota applies the federal amounts. 29 CFR 1903.15(d)
Serious Violation
$16,550
per violation (max)
Willful / Repeat
$165,514
per violation (max)
Failure to Abate
$16,550
per day
| Violation type | Minimum | Maximum | Citation |
|---|---|---|---|
| Serious | $1,085 | $16,550 | 29 CFR 1903.15(d)(3) |
| Other-Than-Serious | $0 | $16,550 | 29 CFR 1903.15(d)(4) |
| Willful | $11,823 | $165,514 | 29 CFR 1903.15(d)(1) |
| Repeated | $4,256 | $165,514 | 29 CFR 1903.15(d)(2) |
| Failure to Abate | None | $16,550 / day | 29 CFR 1903.15(d)(5) |
2026 amounts unchanged from 2025 (no CPI adjustment; OMB M-26-11). Not an increase. Penalties are reduced for employer size, good faith, and clean history before assessment (FOM CPL 02-00-164 Ch.6). Use the calculator below for a realistic estimate.
South Dakota Construction Enforcement (FY2025)
DOL data · counted 2026-09-26Federal OSHA inspections of South Dakota construction employers (NAICS 23), October 1, 2024 – September 30, 2025. OSHA's cited-standards tool does not break federal-OSHA states out; these are HazComFast's counts from the Labor Department's enforcement data.
373
Construction citations
110
Inspections with citations
$803,191
Penalties (current amounts); $1,170,281 as first proposed
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 National reference: 26,559 federal construction citations (OSHA Frequently Cited Standards, FY2025).
What federal OSHA cites most in South Dakota construction
The ten standards cited most often in federal OSHA inspections of South Dakota construction employers, FY2025 (373 citations across 39 standards). Section titles are the official eCFR headings.
| Rank | Standard | Citations | Share |
|---|---|---|---|
| #1 | 1926.501 Duty to have fall protectionSubpart M: Fall Protection | 54 | 14.5% |
| #2 | 1926.503 Training requirementsSubpart M: Fall Protection | 40 | 10.7% |
| #3 | 1926.1053 LaddersSubpart X: Stairways and Ladders | 25 | 6.7% |
| #4 | 1926.1153 Respirable crystalline silicaSubpart Z: Toxic and Hazardous Substances | 23 | 6.2% |
| #5 | 1910.178 Powered industrial trucksSubpart N: Materials Handling and Storage | 22 | 5.9% |
| #5 | 1926.20 General safety and health provisionsSubpart C: General Safety and Health Provisions | 22 | 5.9% |
| #5 | 1926.451 General requirementsSubpart L: Scaffolds | 22 | 5.9% |
| #8 | 1910.134 Respiratory protectionSubpart I: Personal Protective Equipment | 20 | 5.4% |
| #9 | 1910.1200 Hazard communication | 14 | 3.8% |
| #10 | 1926.651 Specific excavation requirementsSubpart P: Excavations | 13 | 3.5% |
How South Dakota compares with federal OSHA nationwide
3.39
citations per inspection (national: 2.46)
3.8%
of citations classified repeat (national: 8.7%); none willful
−31.4%
penalties now vs. as first proposed (national: −22.5%)
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). Classifications and penalty amounts are as recorded to date; open cases can still change them. data.dol.gov
Work fatality rates in South Dakota, 2024
5.8
fatal injuries per 100,000 full-time workers, all industries
32.2
per 100,000 full-time workers in construction, 1st highest of the 40 states BLS published
Source: BLS Census of Fatal Occupational Injuries: fatal injury rates by state of incident and industry, all ownerships, 2024 . BLS computes state rates with CPS and LAUS data; they rank states against each other and are not compared here with the national hours-based rate.
Help and oversight in South Dakota
Free, confidential help: OSHA On-Site Consultation
In South Dakota, the program is South Dakota State University (Engineering Extension - 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.
South Dakota consultation program · OSHA consultation directory
Who inspects private employers here
Federal OSHA, from the Sioux Falls Area Office (Sioux Falls).
Read on osha.gov and the state's official statute site, September 26, 2026.
South Dakota OSHA Profile
- •Who enforces private construction: Federal OSHA, no State Plan.
- •Maximum penalties: $16,550 serious / $165,514 willful-repeat (federal), $16,550/dayfailure-to-abate.
- •To contest: under 29 CFR 1903.17(a), the notice of contest must be postmarked within 15 working days of receiving the citation and proposed penalty.
- •Federal FY2025: 373 construction citations in South Dakota across 110 inspections ($803,191 in penalties, HazComFast count); 26,559 nationwide.
Frequently-Cited OSHA Standards & South Dakota Guides
Frequently-cited OSHA construction standards, each with a guide specific to South Dakota (penalties, common violations, checklist).The first count is federal OSHA's in South Dakota (HazComFast count from Labor Department enforcement data); the second, where shown, is the national federal construction total from OSHA's tool, FY2025. These apply directly to private construction in South Dakota.
- Fall Protection29 CFR 1926.50154 federal citations in South Dakota · most-cited there · FY20256,772 citations · $44,891,816 · federal national FY2025
- HazCom / GHS29 CFR 1910.120014 federal citations in South Dakota · #9 there · FY2025698 citations · $984,054 · federal national FY2025
- Ladders (Construction)29 CFR 1926.105325 federal citations in South Dakota · #3 there · FY20252,758 citations · $9,582,763 · federal national FY2025
- Scaffolding29 CFR 1926.45122 federal citations in South Dakota · #5 there · FY20252,152 citations · $7,646,921 · federal national FY2025
- Respiratory Protection29 CFR 1910.13420 federal citations in South Dakota · #8 there · FY2025
- Lockout/Tagout (LOTO)29 CFR 1910.147
- Forklifts29 CFR 1910.17822 federal citations in South Dakota · #5 there · FY2025
- Stairways (Construction)29 CFR 1926.10521 federal citations in South Dakota · #31 there · FY2025
- PPE General Requirements29 CFR 1910.132
- Confined Spaces29 CFR 1910.146
Construction trades inspected most in South Dakota
Inspections of construction employers opened in South Dakota from October 1, 2024 to September 30, 2025, by the inspected employer's industry: 202 in all, federal OSHA and State Plan combined.
| Industry (2022 NAICS) | Inspections | Share |
|---|---|---|
| 238160 Roofing Contractors | 44 | 21.8% |
| 236220 Commercial and Institutional Building Construction | 28 | 13.9% |
| 238130 Framing Contractors | 26 | 12.9% |
| 237110 Water and Sewer Line and Related Structures Construction | 19 | 9.4% |
| 237310 Highway, Street, and Bridge Construction | 11 | 5.4% |
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. data.dol.gov · NAICS 2022, sector 23
FAQ: OSHA in South Dakota
▸Is South Dakota a federal OSHA or state-plan state?
South Dakota is directly under federal OSHA, with no approved state plan. Federal OSHA inspects and cites employers in this state, and the federal civil-penalty amounts apply directly.
▸What are the maximum OSHA penalties in South Dakota in 2026?
South Dakota applies the federal civil-penalty amounts (29 CFR 1903.15): Serious violations carry up to $16,550 each (other-than-serious the same), and Willful or Repeat violations up to $165,514 each. Failure-to-Abate runs up to $16,550 per day. These 2026 amounts are unchanged from 2025 (no inflation adjustment).
▸Does South Dakota have its own OSHA plan?
No. South Dakota has no state plan (federal OSHA); federal OSHA enforces all covered employers and the federal penalty amounts apply.
▸How many OSHA construction citations does South Dakota see?
OSHA's cited-standards tool does not break out federal-OSHA states like South Dakota, but the Labor Department's enforcement data do. In FY2025, federal OSHA inspections of South Dakota construction employers produced 373 citations across 110 inspections, with $803,191 in penalties at current amounts ($1,170,281 as first proposed). That is a HazComFast count; nationally, federal OSHA construction inspections produced 26,559 citations (OSHA Frequently Cited Standards, NAICS 23).
▸Did OSHA penalties go up in 2026 in South Dakota?
No. The 2026 federal maximums are unchanged from 2025 because the required CPI adjustment was not published (OMB Memo M-26-11), so the 2025 amounts carry forward unchanged. 29 CFR 1903.15 identifies January 15, 2025 as the effective reference for these figures. Do not treat 2026 as an increase.
▸Which OSHA violations are cited most in South Dakota construction?
In FY2025, federal OSHA cited 29 CFR 1926.501 (Duty to have fall protection) most often in South Dakota construction, 54 times, followed by 29 CFR 1926.503 (40) and 29 CFR 1926.1053 (25) (HazComFast count from Labor Department enforcement data). Nationally, federal OSHA cited fall protection (29 CFR 1926.501) most often in construction in FY2025, 6,772 times (OSHA Frequently Cited Standards).
OSHA Fine Calculator
Estimate penalties with size/good-faith/history reductions
HazCom Audit Checklist
Self-audit before OSHA shows up
GHS Label Generator
Compliant secondary-container labels
HazCom Program Generator
Generate your written program in minutes
Sources & verification
- OSHA Penalties (osha.gov/penalties)
- OSHA State Plans (osha.gov/stateplans)
- 2026 Annual Adjustments to OSHA Civil Penalties
Penalty amounts and plan status were checked against OSHA sources on 2026-10-05. This page is general information, not legal advice. State plans set their own amounts and procedures; confirm current figures with OSHA before relying on them.
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
$16,550
per violation (max)
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.