In South Dakota, 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 · South Dakota
Respiratory Protection Requirements in South Dakota
Respiratory Protection in South Dakota: 2026 penalties, who enforces 29 CFR 1910.134, 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 1910.134 20 times in South Dakota construction (5.4% of its construction citations there, the 8th most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 4 citations.
20
1910.134 citations in South Dakota construction, FY2025
(e)(1)
paragraph cited most in South Dakota (4 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 1910.134, FY2025
Counted · 2026-09-2620
citations of 29 CFR 1910.134 in 6 inspections
$29,472
penalties, current amounts ($40,450 as first proposed)
5.4%
of the 373 federal construction citations in South Dakota
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 20 times in inspections of South Dakota construction employers. It ranked eighth of the 39 standards cited in them. By classification: 17 serious, 3 other-than-serious. Most-cited paragraphs: 1910.134(e)(1) (4), 1910.134(f)(2) (3), 1910.134(c)(1) (3).
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 – Noise Induced Hearing Loss
CPL 2022-02 · Denver Regional Office · effective February 15, 2022
“This Instruction applies to all Area Offices in Region VIII.”
The Denver region names the outcome rather than the exposure: noise-induced hearing loss. It covers every area office in Region VIII, so Colorado, Montana, North Dakota and South Dakota are all inside it, and it pairs with the region's silica program on the health side.
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 1910.134
South Dakota 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 South Dakota, the FY2025 citations under 29 CFR 1910.134 went most often to Flooring Contractors (8) and Highway, Street, and Bridge Construction (4). 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 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 1910.134 (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) |
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).
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 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 1910.134 are on the 29 CFR 1910.134 page.
Most-Cited Respiratory Protection Paragraphs in South Dakota, FY2025
Federal OSHA issued 20 citations under 29 CFR 1910.134 to South Dakota construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1910.134(e)(1) General. 4 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(c)(1) 3 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 …”
- 3
1910.134(f)(2) 3 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, …”
- 4
1910.134(d)(1)(iii) 2 citations
“The employer shall identify and evaluate the respiratory hazard(s) in the workplace; this evaluation shall include a reasonable estimate of employee exposures to respiratory hazard(s) and an identification …”
- 5
1910.134(g)(1)(i)(A) 2 citations
“Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or”
- 6
1910.134(k) Training and information. 2 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 …”
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 1910.134 in South Dakota, FY2025: Flooring Contractors (8), Highway, Street, and Bridge Construction (4) and Poured Concrete Foundation and Structure Contractors (4), of 20 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 Respiratory Protection Compliance Tools
Respiratory Protection FAQ for South Dakota
Which South Dakota construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 20 citations under 29 CFR 1910.134 to South Dakota construction employers, most often to Flooring Contractors (8), Highway, Street, and Bridge Construction (4) and Poured Concrete Foundation and Structure Contractors (4) (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 1910.134 on a recurring basis.
How often is Respiratory Protection 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, 20 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection 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 respiratory protection in South Dakota?
Federal OSHA, not a state agency. South Dakota has no state plan, so federal compliance officers from OSHA's Denver region inspect and cite 1910.134 in general industry and construction.
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 often does federal OSHA cite 29 CFR 1910.134 in South Dakota construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 20 times in 6 inspections of South Dakota construction employers, with $29,472 in penalties at current amounts ($40,450 as first proposed), 5.4% of the 373 citations those inspections produced. It ranked eighth of the 39 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 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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