In Tennessee, a serious violation of 29 CFR 1910.134 (Respiratory Protection) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Respiratory Protection is enforced for private construction employers by Tennessee Occupational Safety and Health Administration (TOSHA). Tennessee sets its own maximums, below the federal baseline.
29 CFR 1910.134 · Tennessee
Respiratory Protection Requirements in Tennessee
Respiratory Protection in Tennessee: 2026 penalties, who enforces Tenn. Comp. R. & Regs. 0800-1-1-.07(2), air contaminant limits adopted in lieu of the federal ones, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
TennesseeGeneral Industry (29 CFR 1910)State Plan: Tennessee Occupational Safety and Health Administration (TOSHA)State-set maximums
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1910.134 66 times in Tennessee construction (5.3% of its construction citations there, the 4th most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 11 citations.
66
1910.134 citations in Tennessee construction, FY2025
(e)(1)
paragraph cited most in Tennessee (11 citations)
10.2
fatal work injuries per 100,000 full-time workers in construction, Tennessee, 2024 (BLS)
Tennessee 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-0866
citations of 29 CFR 1910.134 (FY2025)
$17,535
penalties for this standard
5.3%
of the state's 1,249 construction citations
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1910.134 (Respiratory Protection) 66 times on Tennessee construction jobsites with $17,535 in penalties for it (current amounts), about 5.3% of every construction citation the state issued that year. That put it fourth on Tennessee's most-cited construction list for FY2025.
What Tennessee's own rule says
“In lieu of the current federal occupational safety and health standards codified in Title 29, Code of Federal Regulations, Part 1910 … or the absence thereof because of repeal or revocation, the Commissioner … adopts the standards limiting exposure to air contaminants as contained in subparagraph (b) of this rule.”
This is the rule that changes what a Tennessee respiratory program has to achieve. The exposure limits Tennessee enforces are compiled from OSHA's 1989 Air Contaminants rule at 54 Federal Register 2920–2983 and its listed corrections, the limits a federal court vacated, which is why the rule speaks of "the absence thereof because of repeal or revocation". Federal OSHA reverted to the older Table Z values; Tennessee did not. So for a range of substances the permissible exposure limit here is lower than the federal one, which changes the exposure assessment that drives respirator selection and the assigned protection factor you need.
Tenn. Comp. R. & Regs. 0800-1-1-.07(2), air contaminant limits adopted in lieu of the federal onesThe duty itself differs from the federal text.
Harmful exposures and work deaths in Tennessee, 2024
Tennessee recorded 155 fatal work injuries in 2024, down from 164 in 2023. Exposure to harmful substances or environments caused 16 of them (10%). Construction accounted for 29.
Source: BLS Census of Fatal Occupational Injuries, Tennessee, 2024
How Tennessee Enforces 29 CFR 1910.134
Tennessee runs an OSHA-approved State Plan administered by Tennessee Occupational Safety and Health Administration (TOSHA), which covers private-sector construction. Its compliance officers enforce Tennessee's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is Tenn. Comp. R. & Regs. 0800-1-1-.07(2), air contaminant limits adopted in lieu of the federal ones, which differs from the federal text (see the state rule above). Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1910.134 66 times in Tennessee construction in FY2025 (OSHA Frequently Cited Standards). Tennessee also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
In Tennessee, the FY2025 citations under 29 CFR 1910.134 went most often to Painting and Wall Covering Contractors (10) and Commercial and Institutional Building Construction (9). A single inspection can produce several per-instance citations. Recurring self-audits against Tenn. Comp. R. & Regs. 0800-1-1-.07(2), air contaminant limits adopted in lieu of the federal ones, before an officer arrives, are the most reliable defense.
HazComFast records the state of every jobsite and shows that the Tennessee State Plan governs it. Start free
Help and oversight in Tennessee
Free, confidential help: OSHA On-Site Consultation
In Tennessee, the program is TOSHA Consultation (Tennessee Department of Labor and Workforce Development). 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.
Tennessee consultation program · OSHA consultation directory
Read on osha.gov and the state's official statute site, September 26, 2026.
Tennessee Penalty Amounts for 29 CFR 1910.134 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $7,000 | Tennessee state maximum |
| Willful | $70,000 | Tennessee state maximum |
| Repeat | $70,000 | Tennessee state maximum |
| Failure to abate | State schedule | Tennessee publishes its own failure-to-abate amount; see the state schedule |
Tennessee (TCA §50-3-403) has not adopted OSHA's post-2016 penalty increases: it caps serious violations at $7,000 and willful/repeat at $70,000, well below the federal amounts. Amounts are ceilings per violation. Tennessee Occupational Safety and Health Administration (TOSHA) computes proposed penalties under its own State Plan procedures.
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 Tennessee: Tennessee Occupational Safety and Health Administration (TOSHA) inspects private employers, construction included, under an OSHA-approved State Plan. Tennessee Occupational Safety and Health Administration (TOSHA) 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 1910.134 are on the 29 CFR 1910.134 page.
Most-Cited Respiratory Protection Paragraphs in Tennessee, FY2025
Tennessee Occupational Safety and Health Administration (TOSHA) issued 66 citations under 29 CFR 1910.134 to Tennessee construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $7,000.
- 1
1910.134(e)(1) General. 11 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(f)(2) 8 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, …”
- 3
1910.134(c)(1) 7 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 …”
- 4
1910.134(k)(3) 6 citations
“The employer shall provide the training prior to requiring the employee to use a respirator in the workplace.”
- 5
1910.134(c)(2)(i) 5 citations
“An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not …”
- 6
1910.134(g)(1)(iii) 5 citations
“For all tight-fitting respirators, the employer shall ensure that employees perform a user seal check each time they put on the respirator using the procedures in appendix B-1 …”
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
Tennessee Safety & Enforcement Profile
1,249
FY2025 construction citations
Tennessee Occupational Safety and Health Administration (TOSHA)
Enforces private construction
- Construction trades inspected most in Tennessee, FY2025: Commercial and Institutional Building Construction (77), Framing Contractors (48) and Highway, Street, and Bridge Construction (37), out of 439 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Tennessee, FY2025: Painting and Wall Covering Contractors (10), Commercial and Institutional Building Construction (9) and All Other Specialty Trade Contractors (9), of 66 citations.
- Construction fatality rate in Tennessee, 2024: 10.2 per 100,000 full-time workers, 14th highest of the 40 states BLS published (all industries: 5.1).
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 Tennessee
What are the penalties for 29 CFR 1910.134 violations in Tennessee in 2026?
In Tennessee, a serious violation of 29 CFR 1910.134 carries a maximum penalty of $7,000 per violation, and a willful or repeat violation up to $70,000. Tennessee sets its own maximums, below the federal baseline. Tennessee (TCA §50-3-403) has not adopted OSHA's post-2016 penalty increases: it caps serious violations at $7,000 and willful/repeat at $70,000, well below the federal amounts. Each distinct violation can be cited as its own item. (Source: T.C.A. §50-3-403; verified 2026-10-05.)
Which Tennessee construction trades are cited most under Respiratory Protection?
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) issued 66 citations under 29 CFR 1910.134 to Tennessee construction employers, most often to Painting and Wall Covering Contractors (10), Commercial and Institutional Building Construction (9) and All Other Specialty Trade Contractors (9) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Tennessee Occupational Safety and Health Administration (TOSHA) inspects these employers directly and may apply requirements beyond the federal standard. For context, Tennessee Occupational Safety and Health Administration (TOSHA) issued 1,249 construction citations across 360 inspections in FY2025. Companies in these trades should self-audit against Tenn. Comp. R. & Regs. 0800-1-1-.07(2), air contaminant limits adopted in lieu of the federal ones, Tennessee's own rule on this subject.
How often is Respiratory Protection cited on Tennessee jobsites?
In FY2025, Tennessee's state plan (Tennessee Occupational Safety and Health Administration (TOSHA)) issued 1,249 construction citations across 360 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. Tennessee's fatality figures are shown above.
Does TOSHA require respirator fit-testing in Tennessee?
Yes. Under 29 CFR 1910.134, any worker required to wear a tight-fitting respirator must pass a fit-test before first use and at least annually, plus a medical evaluation and training. TOSHA, the state's own OSHA program, enforces this in Tennessee and cited 1910.134 66 times in FY2025 construction.
Who enforces respiratory protection (1910.134) in Tennessee?
TOSHA, the Tennessee OSHA program. Tennessee runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.134 in general industry and construction.
Can I get free OSHA help in Tennessee without an inspection?
Yes. OSHA's On-Site Consultation Program in Tennessee is TOSHA Consultation (Tennessee Department of Labor and Workforce Development). 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 Tennessee cite 29 CFR 1910.134 in construction?
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1910.134 (Respiratory Protection) 66 times on Tennessee construction jobsites, with $17,535 in penalties for that standard alone (current amounts), about 5.3% of the 1,249 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
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
13 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 Tennessee
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.
Serious violation, Tennessee
$7,000
per violation (max)
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