In Tennessee, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Confined Spaces 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 1910.146 · Tennessee
Confined Spaces Requirements in Tennessee
Confined Spaces in Tennessee: 2026 penalties, who enforces 29 CFR 1910.146 as adopted by 0800-1-1-.06, 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
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 Tennessee, Tennessee Occupational Safety and Health Administration (TOSHA) enforces 29 CFR 1910.146. A serious violation carries up to $7,000 in Tennessee.
$7,000
maximum for a serious violation in Tennessee
$70,000
maximum for a willful or repeat violation in Tennessee
5.1
fatal work injuries per 100,000 full-time workers, all industries, Tennessee, 2024 (BLS)
What Tennessee's own rule says
Permit-required confined spaces are adopted federal text in Tennessee. The state overlay to remember is the chemical one: atmospheric testing in a permit space is measured against the exposure limits Tennessee adopted at 0800-1-1-.07(2), which come from the 1989 air contaminants rule rather than the current federal Table Z. A reading that clears the federal limit does not automatically clear the Tennessee one, and the entry permit has to reflect the limit that actually applies.
29 CFR 1910.146 as adopted by 0800-1-1-.06The 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 1910.146
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 29 CFR 1910.146 as adopted by 0800-1-1-.06, which differs from the federal text (see the state rule above). Tennessee Occupational Safety and Health Administration (TOSHA) issued no citations under 29 CFR 1910.146 in Tennessee construction in FY2025. Tennessee also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
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 Tennessee 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.
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 1910.146 (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 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 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 1910.146 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 $7,000.
- 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)).
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).
- 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. 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 Tennessee
What are the penalties for 29 CFR 1910.146 violations in Tennessee in 2026?
In Tennessee, a serious violation of 29 CFR 1910.146 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 industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Tennessee, not the construction trades. Tennessee Occupational Safety and Health Administration (TOSHA) inspects these employers directly and may apply requirements beyond the federal standard. 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 Tennessee?
29 CFR 1910.146 is enforced against general-industry employers in Tennessee, so the construction citation totals published for Tennessee (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).
What makes a space a 'permit-required confined space' under 1910.146 in Tennessee?
A confined space is permit-required if it has a hazardous atmosphere (or the potential for one), an engulfment hazard, an inward-converging configuration that could trap a worker, or any other recognized serious hazard. Tennessee employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan, enforced by TOSHA, the state's own OSHA program.
Who enforces confined-space rules (1910.146) in Tennessee?
TOSHA, the Tennessee OSHA program, not federal OSHA. Tennessee runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.146 on private jobsites.
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.
Confined Spaces Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Confined Spaces in Other States
13 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 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
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