In Vermont, Confined Spaces is enforced for private construction employers by Vermont OSHA (VOSHA). Vermont sets its own penalty maximums under 21 V.S.A. §210, adjusted each year; this page does not reproduce the current state table. For reference, the federal maximums are $16,550 for a serious violation and $165,514 for a willful or repeat violation.
29 CFR 1910.146 · Vermont
Confined Spaces Requirements in Vermont
Confined Spaces in Vermont: 2026 penalties, who enforces 29 CFR 1910.146 as adopted by VOSHA; construction spaces under the separately published Confined Space in Construction rules, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
VermontGeneral Industry (29 CFR 1910)State Plan: Vermont OSHA (VOSHA)
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 Vermont, Vermont OSHA (VOSHA) 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
2.2
fatal work injuries per 100,000 full-time workers, all industries, Vermont, 2024 (BLS)
What Vermont's own rule says
Vermont keeps the federal split between general industry permit spaces and construction confined spaces, and publishes the construction rules as their own adopted document. Nothing in either is rewritten. The Vermont layer that reaches inside a permit space is the exposure table: atmospheric testing is measured against Vermont's Table Z-1-A rather than the federal Table Z, so a reading that clears the federal limit does not automatically clear the state one.
29 CFR 1910.146 as adopted by VOSHA; construction spaces under the separately published Confined Space in Construction rulesThe duty itself differs from the federal text.
Read in Vermont OSHA (VOSHA)'s own rule text · verified 2026-08-09
Harmful exposures and work deaths in Vermont, 2024
Vermont recorded 8 fatal work injuries in 2024, down from 16 in 2023. Exposure to harmful substances or environments caused 2 of them (25%). Construction accounted for 1.
Source: BLS Census of Fatal Occupational Injuries, Vermont, 2024
How Vermont Enforces 29 CFR 1910.146
Vermont runs an OSHA-approved State Plan administered by Vermont OSHA (VOSHA), which covers private-sector construction. Its compliance officers enforce Vermont'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 VOSHA; construction spaces under the separately published Confined Space in Construction rules, which differs from the federal text (see the state rule above). Vermont OSHA (VOSHA) issued no citations under 29 CFR 1910.146 in Vermont construction in FY2025. Vermont sets its own civil-penalty maximums under 21 V.S.A. §210.
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 Vermont 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 Vermont State Plan governs it. Start free
Help and oversight in Vermont
Free, confidential help: OSHA On-Site Consultation
In Vermont, the program is Project WorkSAFE (Vermont Department of Labor). 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.
Read on osha.gov and the state's official statute site, September 26, 2026.
Federal Penalty Amounts, for Reference (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) |
Vermont sets its own maximums under 21 V.S.A. §210. The amounts written into the statute are the federal 2017 base (willful or repeat not more than $126,749 and not less than $5,000; serious and other-than-serious up to $12,675; failure to abate up to $12,675 for each day it continues; posting up to $12,675), and §210(a)(9) has the Commissioner adjust them on the CPI-U and publish the result on or before January 1 each year. The latest table on VOSHA's penalty page (read October 2, 2026) is its 2024 adjustment, effective February 1, 2024: serious up to $16,131 and willful up to $161,323. The page shows no 2025 or 2026 table, so the federal maximums shown here are the upper bound a Vermont employer should plan against. Whatever the year's figure, §210(a)(4) sets failure to abate at the serious rate per day, not at the willful ceiling. Amounts are ceilings per violation. Vermont OSHA (VOSHA) 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 Vermont: Vermont OSHA (VOSHA) inspects private employers, construction included, under an OSHA-approved State Plan. Vermont OSHA (VOSHA) 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 $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)).
Vermont Safety & Enforcement Profile
91
FY2025 construction citations
Vermont OSHA (VOSHA)
Enforces private construction
- Construction trades inspected most in Vermont, FY2025: Commercial and Institutional Building Construction (13), Roofing Contractors (7) and Highway, Street, and Bridge Construction (5), out of 57 inspections opened (federal OSHA and State Plan combined).
- Fatal injury rate in Vermont, 2024: 2.2 per 100,000 full-time workers, all industries. BLS did not publish a 2024 construction rate here.
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 Vermont
What are the penalties for 29 CFR 1910.146 violations in Vermont in 2026?
Vermont sets its own maximums under 21 V.S.A. §210. The amounts written into the statute are the federal 2017 base (willful or repeat not more than $126,749 and not less than $5,000; serious and other-than-serious up to $12,675; failure to abate up to $12,675 for each day it continues; posting up to $12,675), and §210(a)(9) has the Commissioner adjust them on the CPI-U and publish the result on or before January 1 each year. The latest table on VOSHA's penalty page (read October 2, 2026) is its 2024 adjustment, effective February 1, 2024: serious up to $16,131 and willful up to $161,323. The page shows no 2025 or 2026 table, so the federal maximums shown here are the upper bound a Vermont employer should plan against. Whatever the year's figure, §210(a)(4) sets failure to abate at the serious rate per day, not at the willful ceiling. For reference, the federal maximums are $16,550 for a serious violation and $165,514 for a willful or repeat violation. Each distinct violation can be cited as its own item. (Source: 21 V.S.A. §210; 29 CFR 1903.15(d); verified 2026-10-05.)
Which Vermont industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Vermont, not the construction trades. Vermont OSHA (VOSHA) 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 Vermont?
29 CFR 1910.146 is enforced against general-industry employers in Vermont, so the construction citation totals published for Vermont (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 Vermont?
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. Vermont employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan, enforced by VOSHA.
Who enforces confined-space rules (1910.146) in Vermont?
VOSHA, the Vermont Occupational Safety and Health Administration, not federal OSHA. Vermont 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 Vermont without an inspection?
Yes. OSHA's On-Site Consultation Program in Vermont is Project WorkSAFE (Vermont Department of Labor). 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 Vermont
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, federal maximum
$16,550
per violation (max)
VS
HazComFast Pro
$199/mo
10 jobsites, unlimited chemicals, unlimited workers
New sign-ups are paused. The free tools below need no account, and customers can log in as usual.
Your account keeps working as usual. Cancel anytime.