In South Dakota, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Confined Spaces is enforced for private construction employers by federal OSHA.
29 CFR 1910.146 · South Dakota
Confined Spaces Requirements in South Dakota
Confined Spaces in South Dakota: 2026 penalties, who enforces 29 CFR 1910.146, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
South DakotaGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
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 Dakota, federal OSHA enforces 29 CFR 1910.146. The federal maximum for a serious violation is $16,550.
$16,550
federal maximum for a serious violation
$165,514
federal maximum for a willful or repeat violation
5.8
fatal work injuries per 100,000 full-time workers, all industries, South Dakota, 2024 (BLS)
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 Grain Handling Facilities
DEN-CPL-04-00-003 · Denver Regional Office · effective October 9, 2024
“This Instruction applies to operations with potential hazards in grain handling facilities located within the jurisdiction of each Area Office in the Denver Region.”
Every area office in the Denver region runs a grain handling program. In Colorado, Montana, North Dakota and South Dakota it brings bin entry and energy control procedures into programmed inspections at grain handling facilities.
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.
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 1910.146
South Dakota has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1910.146 is enforced by U.S. Department of Labor compliance officers using standard federal procedures and the federal penalty maximums.
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 Dakota 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.
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 1910.146 (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 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 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 1910.146 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 $16,550.
- 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 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).
- 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. 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 Dakota
Which South Dakota industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in South Dakota, not the construction trades. Federal OSHA inspects these employers directly, since South Dakota has no state plan covering the private sector. 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 Dakota?
29 CFR 1910.146 is enforced against general-industry employers in South Dakota, so the construction citation totals published for South Dakota (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).
Who enforces confined-space rules 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 1910.146 on private jobsites.
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.
Confined Spaces Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Confined Spaces in Other States
14 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 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.
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.
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