In Tennessee, a serious violation of 29 CFR 1926.1052 (Stairways (Construction)) carries a maximum penalty of $7,000 per violation in 2026, rising to $70,000 for a willful or repeat violation. Stairways (Construction) 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 1926.1052 · Tennessee
Stairways (Construction) Requirements in Tennessee
Stairways (Construction) in Tennessee: 2026 penalties, who enforces 29 CFR 1926.1052, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
TennesseeConstruction (29 CFR 1926)State Plan: Tennessee Occupational Safety and Health Administration (TOSHA)State-set maximums
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1926.1052 45 times in Tennessee construction (3.6% of its construction citations there, the 7th most-cited standard there). The paragraph cited most was 1926.1052(c)(1)(i) with 18 citations.
45
1926.1052 citations in Tennessee construction, FY2025
(c)(1)(i)
paragraph cited most in Tennessee (18 citations)
10.2
fatal work injuries per 100,000 full-time workers in construction, Tennessee, 2024 (BLS)
Tennessee 29 CFR 1926.1052 Enforcement, FY2025
Verified · 2026-08-0845
citations of 29 CFR 1926.1052 (FY2025)
$34,510
penalties for this standard
3.6%
of the state's 1,249 construction citations
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1926.1052 (Stairways (Construction)) 45 times on Tennessee construction jobsites with $34,510 in penalties for it (current amounts), about 3.6% of every construction citation the state issued that year. That put it seventh on Tennessee's most-cited construction list for FY2025.
What Tennessee's own rule says
Stairways in Tennessee are the federal standard, unchanged: 19 inches to trigger a stairway or ladder, 30 to 50 degrees of pitch, stairrails from four risers or a 30-inch rise. Tennessee adopted Part 1926 whole apart from its first four sections, so Subpart X arrives intact. Any state-specific duty you meet on a Tennessee jobsite will come from the Right to Know chapter or from the exposure limits in 0800-1-1-.07(2), not from the construction standards themselves.
29 CFR 1926.1052 as adopted by 0800-1-6-.02The duty matches the federal text. Only the citation number differs.
Falls and work deaths in Tennessee, 2024
Tennessee recorded 155 fatal work injuries in 2024, down from 164 in 2023. Falls, slips and trips caused 23 of them (15%). Construction accounted for 29, 9 of them from falls, slips and trips.
Source: BLS Census of Fatal Occupational Injuries, Tennessee, 2024
How Tennessee Enforces 29 CFR 1926.1052
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 1926.1052 as adopted by 0800-1-6-.02. Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1926.1052 45 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 1926.1052 went most often to Framing Contractors (13) and New Single-Family Housing Construction (except For-Sale Builders) (5). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1926.1052, 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 1926.1052 (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 Stairways (Construction) Requirements 29 CFR 1926.1052
- Build stairways at 30° to 50° angle
- Provide handrails on open sides above 30 inches
- Stair rails must be 36 inches high (from stair tread)
- Use uniform riser height and tread depth
- Install mid-rails or screens between top rail and stringer
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 1926.1052 are on the 29 CFR 1926.1052 page.
Most-Cited Stairways (Construction) Paragraphs in Tennessee, FY2025
Tennessee Occupational Safety and Health Administration (TOSHA) issued 45 citations under 29 CFR 1926.1052 to Tennessee construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $7,000.
- 1
1926.1052(c)(1)(i) 18 citations
“At least one handrail; and”
- 2
1926.1052(c)(1)(ii) 16 citations
“One stairrail system along each unprotected side or edge.”
- 3
1926.1052(b)(3) 6 citations
“Treads for temporary service shall be made of wood or other solid material, and shall be installed the full width and depth of the stair.”
- 4
1926.1052(c)(6) 4 citations
“The height of handrails shall be not more than 37 inches (94 cm) nor less than 30 inches (76 cm) from the upper surface of the handrail to …”
- 5
1926.1052(c)(12) 1 citation
“Unprotected sides and edges of stairway landings shall be provided with guardrail systems. Guardrail system criteria are contained in subpart M of this part.”
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 1926.1052 in Tennessee, FY2025: Framing Contractors (13), New Single-Family Housing Construction (except For-Sale Builders) (5) and New Multifamily Housing Construction (except For-Sale Builders) (5), of 45 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 Stairways (Construction) Compliance Tools
Stairways (Construction) FAQ for Tennessee
What are the penalties for 29 CFR 1926.1052 violations in Tennessee in 2026?
In Tennessee, a serious violation of 29 CFR 1926.1052 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 Stairways (Construction)?
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) issued 45 citations under 29 CFR 1926.1052 to Tennessee construction employers, most often to Framing Contractors (13), New Single-Family Housing Construction (except For-Sale Builders) (5) and New Multifamily Housing Construction (except For-Sale Builders) (5) (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 29 CFR 1926.1052 on a recurring basis.
How often is Stairways (Construction) 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). Stairways (Construction) can be cited during any of them: programmed, complaint-driven or post-accident. Tennessee's fatality figures are shown above.
When does TOSHA require handrails on a Tennessee construction stairway?
Under 29 CFR 1926.1052(c)(1), a stairway with four or more risers, or rising more than 30 inches, whichever is less, must have at least one handrail and a stairrail system along each unprotected side or edge. In Tennessee these are enforced by TOSHA, the state's own OSHA program.
Who enforces stairway rules (1926.1052) in Tennessee?
TOSHA, the Tennessee OSHA program. Tennessee runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1926.1052 on private jobsites, 45 times in FY2025 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 1926.1052 in construction?
In FY2025, Tennessee Occupational Safety and Health Administration (TOSHA) cited 29 CFR 1926.1052 (Stairways (Construction)) 45 times on Tennessee construction jobsites, with $34,510 in penalties for that standard alone (current amounts), about 3.6% of the 1,249 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Stairways (Construction) Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Stairways (Construction) in Other States
9 other state plans write a rule of their own for 29 CFR 1926.1052 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
Alaska29 CFR 1926.1052 as adopted by 8 AAC 61.1010(c), with 8 AAC 61.1015 on postingArizona29 CFR 1926.1052 as adopted by A.A.C. R20-5-601California8 CCR §1626own maxHawaii29 CFR 1926.1052 as incorporated by HAR §12-110-50(a), with §12-110-3(c)MichiganMIOSHA Construction Safety Standard Part 21, R 408.42127 to R 408.42157own maxMinnesotaMinn. R. 5207.0250, subp. 4NevadaNAC 618.505 and NAC 618.507Utah29 CFR 1926.1052 as incorporated by R614-1-4.A.4, with R614-1-5.D.5own max
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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