In Texas, 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 · Texas
Respiratory Protection Requirements in Texas
Respiratory Protection in Texas: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
TexasGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
In FY2025, federal OSHA cited 29 CFR 1910.134 16 times in Texas construction (0.5% of its construction citations there, the 25th most-cited standard there). The paragraph cited most was 1910.134(a)(2) with 3 citations.
16
1910.134 citations in Texas construction, FY2025
(a)(2)
paragraph cited most in Texas (3 citations)
9.5
fatal work injuries per 100,000 full-time workers in construction, Texas, 2024 (BLS)
Federal OSHA in Texas: 29 CFR 1910.134, FY2025
Counted · 2026-09-2616
citations of 29 CFR 1910.134 in 12 inspections
$31,928
penalties, current amounts ($46,198 as first proposed)
0.5%
of the 3,040 federal construction citations in Texas
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 16 times in inspections of Texas construction employers. It ranked 25th of the 105 standards cited in them. By classification: 9 serious, 7 other-than-serious. Most-cited paragraphs: 1910.134(c)(1) (3), 1910.134(a)(2) (3), 1910.134(f)(2) (2).
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 Texas
Texas 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 Transportation Tank Cleaning
CPL 2 02-00-032B · Dallas Regional Office · effective August 1, 2024
“This Instruction applies to all worksites in Arkansas, Louisiana, Oklahoma, and Texas, and those worksites in New Mexico that are under Federal Jurisdiction.”
Cleaning transportation tanks is programmed by name across Arkansas, Louisiana, Oklahoma and Texas. It is the single directive that puts all three chemical standards into one inspection: the residue left in the tank is a hazardous chemical the employer must have classified and communicated, the tank itself is a permit-required confined space, and going in means a respiratory protection program with the right cartridge for what was carried.
Regional Emphasis Program (REP) for High Noise in Manufacturing Industries
DAL-CPL-04-00-004 · Dallas Regional Office · effective July 7, 2026
“This Instruction applies to all Area Offices in the Dallas Region and to worksites in New Mexico that are under Federal jurisdiction.”
High noise in manufacturing is the Dallas region's newest emphasis program, effective July 7, 2026. Hearing protection is selected and used under the PPE standard, and the operations that generate the noise usually generate an airborne exposure too, so a noise inspection can reach the respiratory program as well.
Harmful exposures and work deaths in Texas, 2024
Texas recorded 557 fatal work injuries in 2024, down from 564 in 2023. Exposure to harmful substances or environments caused 62 of them (11%). Construction accounted for 128.
Source: BLS Census of Fatal Occupational Injuries, Texas, 2024
How Texas Enforces 29 CFR 1910.134
Texas 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 Texas, the FY2025 citations under 29 CFR 1910.134 went most often to Masonry Contractors (6) and Plumbing, Heating, and Air-Conditioning Contractors (3). 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 Texas
Free, confidential help: OSHA On-Site Consultation
In Texas, the program is Texas OSHA Consultation (Texas Department of Insurance, Division of Workers Compensation). 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.
Who inspects private employers here
Federal OSHA, from the Austin Area Office (Austin), the Corpus Christi Area Office (Corpus Christi), the Dallas Area Office (Richardson), the El Paso Area Office (El Paso), the Fort Worth Area Office (Fort Worth), the Houston North Area Office (Conroe), the Houston South Area Office (Houston), the Lubbock Area Office (Lubbock) and the San Antonio Area Office (San Antonio).
Read on osha.gov and the state's official statute site, September 26, 2026.
Texas 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) |
Texas 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 Texas: Federal OSHA inspects private construction employers; Texas 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 Texas, FY2025
Federal OSHA issued 16 citations under 29 CFR 1910.134 to Texas construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1910.134(a)(2) 3 citations
“A respirator shall be provided to each employee when such equipment is necessary to protect the health of such employee. The employer shall provide the respirators which are …”
- 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) 2 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(c) Respiratory protection program. 1 citation
“This paragraph requires the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. The program must be …”
- 5
1910.134(c)(1)(ii) 1 citation
“Medical evaluations of employees required to use respirators;”
- 6
1910.134(c)(1)(iii) 1 citation
“Fit testing procedures for tight-fitting respirators;”
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
Texas Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
3,040 of them in Texas (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in Texas, FY2025: Roofing Contractors (502), Framing Contractors (475) and Commercial and Institutional Building Construction (196), out of 2,231 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Texas, FY2025: Masonry Contractors (6), Plumbing, Heating, and Air-Conditioning Contractors (3) and Drywall and Insulation Contractors (2), of 16 citations.
- Construction fatality rate in Texas, 2024: 9.5 per 100,000 full-time workers, 18th highest of the 40 states BLS published (all industries: 3.9).
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 Texas
Which Texas construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 16 citations under 29 CFR 1910.134 to Texas construction employers, most often to Masonry Contractors (6), Plumbing, Heating, and Air-Conditioning Contractors (3) and Drywall and Insulation Contractors (2) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Federal OSHA inspects these employers directly, since Texas has no state plan covering the private sector. For context, federal OSHA issued 3,040 citations across 1,339 inspections of Texas 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 Texas jobsites?
OSHA's cited-standards tool does not break Texas out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 3,040 citations across 1,339 inspections of Texas construction employers, 16 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in Texas can come from any inspection: programmed, complaint-driven or post-accident. Texas's fatality figures are shown above.
Who enforces respiratory protection (1910.134) for Texas employers?
Federal OSHA. Because Texas has no State Plan, a compliance officer from OSHA's Dallas region inspects and cites 1910.134 directly, using the federal penalty maximums.
Can I get free OSHA help in Texas without an inspection?
Yes. OSHA's On-Site Consultation Program in Texas is Texas OSHA Consultation (Texas Department of Insurance, Division of Workers Compensation). 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 Texas construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 16 times in 12 inspections of Texas construction employers, with $31,928 in penalties at current amounts ($46,198 as first proposed), 0.5% of the 3,040 citations those inspections produced. It ranked 25th of the 105 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 Texas
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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