In South Dakota, a serious violation of 29 CFR 1910.1200 (HazCom / GHS) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. HazCom / GHS is enforced for private construction employers by federal OSHA.
29 CFR 1910.1200 · South Dakota
HazCom / GHS Requirements in South Dakota
HazCom / GHS in South Dakota: 2026 penalties, who enforces 29 CFR 1910.1200, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
South DakotaGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
In FY2025, federal OSHA cited 29 CFR 1910.1200 14 times in South Dakota construction (3.8% of its construction citations there, the 9th most-cited standard there). The paragraph cited most was 1910.1200(e)(1) with 6 citations.
14
1910.1200 citations in South Dakota construction, FY2025
(e)(1)
paragraph cited most in South Dakota (6 citations)
32.2
fatal work injuries per 100,000 full-time workers in construction, South Dakota, 2024 (BLS)
Federal OSHA in South Dakota: 29 CFR 1910.1200, FY2025
Counted · 2026-09-2614
citations of 29 CFR 1910.1200 in 8 inspections
$16,741
penalties, current amounts ($21,653 as first proposed)
3.8%
of the 373 federal construction citations in South Dakota
In FY2025, federal OSHA cited 29 CFR 1910.1200 (HazCom / GHS) 14 times in inspections of South Dakota construction employers. It ranked ninth of the 39 standards cited in them. By classification: 9 serious, 5 other-than-serious. Most-cited paragraphs: 1910.1200(e)(1) (6), 1910.1200(h)(1) (5), 1910.1200(g)(8) (2).
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 South Dakota
South Dakota 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 the Oil and Gas Industry
DEN-CPL-04-00-005 · Denver Regional Office · effective October 9, 2024
“This Instruction applies to Oil and Gas Industry operations located within the jurisdiction of Federal OSHA Area Offices in the Denver Region.”
The Denver region programs oil and gas operations across every federal area office, which covers the Bakken in North Dakota and the Denver-Julesburg basin in Colorado. Hazard communication, permit-space entry and energy control are the three standards a well-site inspection reaches first.
Regional Emphasis Program on Silica in Cut Stone and Slab Handling Operations
CPL 2022-01 · Denver Regional Office · effective February 8, 2022
“This Notice applies to Cut Stone and Stone Products operations, NAICS code 327991, located within the jurisdiction of each Area Office in Region VIII.”
Respirable crystalline silica in cut stone and slab handling is targeted by NAICS 327991 across every Region VIII area office. An inspection under this program looks at the exposure assessment, the respiratory protection program and the hazard communication for silica.
Harmful exposures and work deaths in South Dakota, 2024
South Dakota recorded 29 fatal work injuries in 2024, up from 20 in 2023. Exposure to harmful substances or environments caused 5 of them (17%). Construction accounted for 9.
Source: BLS Census of Fatal Occupational Injuries, South Dakota, 2024
How South Dakota Enforces 29 CFR 1910.1200
South Dakota has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1910.1200 is enforced by U.S. Department of Labor compliance officers using standard federal procedures and the federal penalty maximums.
In South Dakota, the FY2025 citations under 29 CFR 1910.1200 went most often to Flooring Contractors (3) and Industrial Building Construction (2). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1910.1200, before an officer arrives, are the most reliable defense.
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 Penalty Amounts for 29 CFR 1910.1200 (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) |
South Dakota 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).
Filing Tier II in South Dakota
The chemical list your HazCom program keeps is also what EPA's Tier II inventory is built from. Here is what South Dakota Department of Agriculture and Natural Resources (DANR) says about filing it:
- South Dakota files through its own SD Online Tier II reporting system.
HazComFast keeps each jobsite's chemical quantities next to its safety data sheets and exports the Tier II data as an Excel workbook, a CSV file and a PDF summary.
Key HazCom / GHS Requirements 29 CFR 1910.1200
- Maintain a written HazCom program
- Keep SDS accessible for every hazardous chemical
- Ensure containers have GHS-compliant labels
- Train employees on chemical hazards
- Maintain a chemical inventory list
- Update to GHS Rev 7 by 2026 deadlines
Who enforces it in South Dakota: Federal OSHA inspects private construction employers; South Dakota has no State Plan.
The compliance checklist, the paragraphs OSHA cites nationally and what an inspector checks under 29 CFR 1910.1200 are on the 29 CFR 1910.1200 page.
Most-Cited HazCom / GHS Paragraphs in South Dakota, FY2025
Federal OSHA issued 14 citations under 29 CFR 1910.1200 to South Dakota construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1910.1200(e)(1) 6 citations
“Employers shall develop, implement, and maintain at each workplace, a written hazard communication program which at least describes how the criteria specified in paragraphs (f), (g), and (h) …”
- 2
1910.1200(h)(1) 5 citations
“Employers shall provide employees with effective information and training on hazardous chemicals in their work area at the time of their initial assignment, and whenever a new chemical …”
- 3
1910.1200(g)(8) 2 citations
“The employer shall maintain in the workplace copies of the required safety data sheets for each hazardous chemical, and shall ensure that they are readily accessible during each …”
- 4
1910.1200(h)(3)(i) 1 citation
“Methods and observations that may be used to detect the presence or release of a hazardous chemical in the work area (such as monitoring conducted by the employer, …”
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 Dakota Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
373 of them in South Dakota (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in South Dakota, FY2025: Roofing Contractors (44), Commercial and Institutional Building Construction (28) and Framing Contractors (26), out of 202 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.1200 in South Dakota, FY2025: Flooring Contractors (3), Industrial Building Construction (2) and Commercial and Institutional Building Construction (2), of 14 citations.
- Construction fatality rate in South Dakota, 2024: 32.2 per 100,000 full-time workers, 1st highest of the 40 states BLS published (all industries: 5.8).
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 HazCom / GHS Compliance Tools
HazCom / GHS FAQ for South Dakota
Which South Dakota construction trades are cited most under HazCom / GHS?
In FY2025, federal OSHA issued 14 citations under 29 CFR 1910.1200 to South Dakota construction employers, most often to Flooring Contractors (3), Industrial Building Construction (2) and Commercial and Institutional Building Construction (2) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Federal OSHA inspects these employers directly, since South Dakota has no state plan covering the private sector. For context, federal OSHA issued 373 citations across 110 inspections of South Dakota construction employers in FY2025 (HazComFast count from Labor Department enforcement data). Companies in these trades should self-audit against 29 CFR 1910.1200 on a recurring basis.
How often is HazCom / GHS cited on South Dakota jobsites?
OSHA's cited-standards tool does not break South Dakota out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 373 citations across 110 inspections of South Dakota construction employers, 14 of them under 29 CFR 1910.1200 (HazComFast count). A HazCom / GHS citation in South Dakota can come from any inspection: programmed, complaint-driven or post-accident. South Dakota's fatality figures are shown above.
Who enforces Hazard Communication in South Dakota?
Federal OSHA, not a state agency. South Dakota has no state plan, so federal compliance officers from OSHA's Denver region enforce 1910.1200 across general industry and construction. In federal construction inspections in FY2025, the HazCom paragraphs cited most were (e)(1), the written program; (h)(1), training; and (g)(8), SDS access.
When do South Dakota employers have to update for the 2024 HazCom Standard?
Private employers in South Dakota are under federal OSHA, so the federal calendar applies. The 2024 update took effect July 19, 2024; after OSHA's January 15, 2026 extension, employers update alternative workplace labels, the written program and training, as necessary, by November 20, 2026 for substances and May 19, 2028 for mixtures (29 CFR 1910.1200(j)(2)(ii) and (j)(3)(ii)).
Can I get free OSHA help in South Dakota without an inspection?
Yes. OSHA's On-Site Consultation Program in South Dakota is South Dakota State University (Engineering Extension - 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 do I file the EPCRA Tier II chemical inventory in South Dakota?
South Dakota files through its own SD Online Tier II reporting system.
How often does federal OSHA cite 29 CFR 1910.1200 in South Dakota construction?
In FY2025, federal OSHA cited 29 CFR 1910.1200 (HazCom / GHS) 14 times in 8 inspections of South Dakota construction employers, with $16,741 in penalties at current amounts ($21,653 as first proposed), 3.8% of the 373 citations those inspections produced. It ranked ninth of the 39 standards cited. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
HazCom / GHS Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup, or read the HazCom Enforcement Report for the national picture.
Related standards
HazCom / GHS in Other States
19 other state plans write a rule of their own for 29 CFR 1910.1200 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska8 AAC 61.1110 (physical agent data sheets), with the adoption at 8 AAC 61.1010(b)ArizonaA.A.C. R20-5-602California8 CCR §5194 (Proposition 65 integration at §5194(f)(6))own maxHawaiiHAR §12-60-50(a) and §12-60-50(d)(3), with Exhibits A and BIndiana610 IAC 9-2-8(b), term substitutions applying to everything Indiana incorporatesown maxIowa481—210.4(88), with 481—210.2(88) on incorporated standardsKentucky803 KAR 2:320, Section 6 (Subpart Z), with Kentucky's own MOCA standard at Section 2own maxMarylandCOMAR 09.12.31.01 GGown max
Other OSHA Standards in South Dakota
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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