In Texas, 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 · Texas
Confined Spaces Requirements in Texas
Confined Spaces in Texas: 2026 penalties, who enforces 29 CFR 1910.146, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
TexasGeneral 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 Texas, 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
3.9
fatal work injuries per 100,000 full-time workers, all industries, Texas, 2024 (BLS)
Federal OSHA in Texas: 29 CFR 1910.146, FY2025
Counted · 2026-09-263
citations of 29 CFR 1910.146 in 2 inspections
$10,966
penalties, current amounts ($20,335 as first proposed)
0.1%
of the 3,040 federal construction citations in Texas
In FY2025, federal OSHA cited 29 CFR 1910.146 (Confined Spaces) 3 times in inspections of Texas construction employers. It ranked 61st of the 105 standards cited in them. By classification: 3 other-than-serious. Most-cited paragraphs: 1910.146(c)(5)(ii)(C) (2), 1910.146(c)(9)(i) (1).
NAICS 23 classifies the employer, not the work. 29 CFR 1910.146 does not govern construction work, so these citations do not measure what happens on construction jobsites.
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 Grain Handling Facilities
CPL 2 02-00-028C · Dallas Regional Office · effective July 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.”
Grain handling is programmed by name in Arkansas, Louisiana, Oklahoma and Texas, the four states the directive's scope lists. The grain handling standard at 1910.272 is what makes this a confined-space and energy-control matter: bin, silo and tank entry needs a permit and an attendant, and the conveyors and augers underneath have to be locked out before anyone goes in.
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 for the Upstream Oil and Gas Industry
DAL-CPL-04-00-003 · Dallas Regional Office · effective October 7, 2024
“This Instruction applies to all worksites in Oklahoma, Texas, and those worksites in New Mexico that are under Federal OSHA jurisdiction.”
Upstream oil and gas is programmed across Oklahoma and Texas. Well-site work brings hazard communication, permit-required confined spaces and hazardous energy control into the same inspection, and this directive is narrower than the region's grain and tank programs, which reach Arkansas and Louisiana 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
Confined Spaces Cases in Texas
Qualawash Holdings LLC (Quala Services LLC)
$810,703La Porte, Texas - tank-cleaning fatality · 2024
A 53-year-old worker did not come home after his shift in December 2023 and was later found unresponsive. OSHA determined the employer had not ensured that the tank's atmosphere was tested before he entered it. It cited eight repeat and seven serious violations, including failing to prevent unauthorized entry into a permit-required confined space and not providing an attendant, and proposed $810,703. OSHA had cited the company for the same violations in June 2020, after two workers died cleaning a tanker in November 2019.
U.S. Department of Labor / OSHA news release, July 8, 2024How Texas Enforces 29 CFR 1910.146
Texas 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 Texas 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 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 1910.146 (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) |
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 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 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 1910.146 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)).
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).
- 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. 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 Texas
Which Texas industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Texas, not the construction trades. Federal OSHA inspects these employers directly, since Texas 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 Texas?
29 CFR 1910.146 is enforced against general-industry employers in Texas, so the construction citation totals published for Texas (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 Texas?
A confined space is permit-required if it has a hazardous atmosphere (or potential for one), an engulfment hazard, an inward-converging or sloping-floor configuration that could trap a worker, or any other recognized serious hazard. Texas employers must test the atmosphere before and during entry, post an attendant, and have a rescue plan. Federal OSHA enforces this directly.
Who enforces confined-space rules (1910.146) in Texas?
Federal OSHA. Texas has no State Plan, so a compliance officer from OSHA's Dallas region inspects and cites 1910.146 directly, at 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 1910.146 in Texas construction?
In FY2025, federal OSHA cited 29 CFR 1910.146 (Confined Spaces) 3 times in 2 inspections of Texas construction employers, with $10,966 in penalties at current amounts ($20,335 as first proposed), 0.1% of the 3,040 citations those inspections produced. It ranked 61st of the 105 standards cited. NAICS 23 classifies the employer, not the work: 29 CFR 1910.146 does not govern construction work itself. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
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 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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