In Virginia, a serious violation of 29 CFR 1910.134 (Respiratory Protection) carries a maximum penalty of $16,287 per violation in 2026, rising to $162,849 for a willful or repeat violation. Respiratory Protection is enforced for private construction employers by Virginia Occupational Safety and Health (VOSH). Virginia sets its own maximums, below the federal baseline.
29 CFR 1910.134 · Virginia
Respiratory Protection Requirements in Virginia
Respiratory Protection in Virginia: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
VirginiaGeneral Industry (29 CFR 1910)State Plan: Virginia Occupational Safety and Health (VOSH)State-set maximums
In FY2025, Virginia Occupational Safety and Health (VOSH) cited 29 CFR 1910.134 27 times in Virginia construction (1.5% of its construction citations there, the 17th most-cited standard there). The paragraph cited most was 1910.134(c)(1) with 5 citations.
27
1910.134 citations in Virginia construction, FY2025
(c)(1)
paragraph cited most in Virginia (5 citations)
13.6
fatal work injuries per 100,000 full-time workers in construction, Virginia, 2024 (BLS)
Virginia 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-0827
citations of 29 CFR 1910.134 (FY2025)
$14,176
penalties for this standard
1.5%
of the state's 1,753 construction citations
In FY2025, Virginia Occupational Safety and Health (VOSH) cited 29 CFR 1910.134 (Respiratory Protection) 27 times on Virginia construction jobsites with $14,176 in penalties for it (current amounts), about 1.5% of every construction citation the state issued that year. That put it 17th on Virginia's most-cited construction list for FY2025.
What Virginia's own rule says
Respiratory protection is federal-identical in Virginia, with 1910.134 amended most recently on December 1, 2016 and the mandatory medical evaluation questionnaire carried at the same time. The program, fit-testing and medical-evaluation duties are the federal ones. What changes is where you look them up and how you confirm they are current: VOSH standards live in 16VAC25-90 and take effect on the date the Safety and Health Codes Board sets, which is recorded in the chapter's adoption table.
29 CFR 1910.134 as adopted by 16VAC25-90The duty matches the federal text. Only the citation number differs.
Read in Virginia Occupational Safety and Health (VOSH)'s own rule text · verified 2026-08-08
Harmful exposures and work deaths in Virginia, 2024
Virginia recorded 137 fatal work injuries in 2024, up from 117 in 2023. Exposure to harmful substances or environments caused 16 of them (12%). Construction accounted for 37.
Source: BLS Census of Fatal Occupational Injuries, Virginia, 2024
How Virginia Enforces 29 CFR 1910.134
Virginia runs an OSHA-approved State Plan administered by Virginia Occupational Safety and Health (VOSH), which covers private-sector construction. Its compliance officers enforce Virginia'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 1910.134 as adopted by 16VAC25-90. Virginia Occupational Safety and Health (VOSH) cited 29 CFR 1910.134 27 times in Virginia construction in FY2025 (OSHA Frequently Cited Standards). Virginia also sets its own civil-penalty maximums, below the federal baseline (see the penalty table below).
In Virginia, the FY2025 citations under 29 CFR 1910.134 went most often to Residential Remodelers (7) and Plumbing, Heating, and Air-Conditioning Contractors (7). 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.
HazComFast records the state of every jobsite and shows that the Virginia State Plan governs it. Start free
Help and oversight in Virginia
Free, confidential help: OSHA On-Site Consultation
In Virginia, the program is Occupational Safety and Health – Training and Consultation (Virginia Department of Labor & Industry). 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.
Virginia Penalty Amounts for 29 CFR 1910.134 (2026)
Verified · 2026-10-05| Violation type | 2026 maximum | Basis |
|---|---|---|
| Serious | $16,287 | Virginia state maximum |
| Willful | $162,849 | Virginia state maximum |
| Repeat | $162,849 | Virginia state maximum |
| Failure to abate | State schedule | Virginia publishes its own failure-to-abate amount; see the state schedule |
Virginia (Code of Virginia §40.1-49.4) sets its own maximums, CPI-adjusted each August 1 and running slightly below federal: serious up to $16,287; willful/repeat up to $162,849 (willful minimum $10,000). Amounts are ceilings per violation. Virginia Occupational Safety and Health (VOSH) computes proposed penalties under its own State Plan procedures.
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 Virginia: Virginia Occupational Safety and Health (VOSH) inspects private employers, construction included, under an OSHA-approved State Plan. Virginia Occupational Safety and Health (VOSH) 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 1910.134 are on the 29 CFR 1910.134 page.
Most-Cited Respiratory Protection Paragraphs in Virginia, FY2025
Virginia Occupational Safety and Health (VOSH) issued 27 citations under 29 CFR 1910.134 to Virginia construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,287.
- 1
1910.134(c)(1) 5 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 …”
- 2
1910.134(e)(1) General. 4 citations
“The employer shall provide a medical evaluation to determine the employee's ability to use a respirator, before the employee is fit tested or required to use the respirator …”
- 3
1910.134(f)(2) 3 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)(2)(i) 2 citations
“An employer may provide respirators at the request of employees or permit employees to use their own respirators, if the employer determines that such respirator use will not …”
- 5
1910.134(h)(2)(i) 2 citations
“All respirators shall be stored to protect them from damage, contamination, dust, sunlight, extreme temperatures, excessive moisture, and damaging chemicals, and they shall be packed or stored to …”
- 6
1910.134(k) Training and information. 2 citations
“This paragraph requires the employer to provide effective training to employees who are required to use respirators. The training must be comprehensive, understandable, and recur annually, and more …”
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
Virginia Safety & Enforcement Profile
1,753
FY2025 construction citations
Virginia Occupational Safety and Health (VOSH)
Enforces private construction
- Construction trades inspected most in Virginia, FY2025: Commercial and Institutional Building Construction (210), Roofing Contractors (156) and Framing Contractors (105), out of 1,222 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Virginia, FY2025: Residential Remodelers (7), Plumbing, Heating, and Air-Conditioning Contractors (7) and Finish Carpentry Contractors (4), of 27 citations.
- Construction fatality rate in Virginia, 2024: 13.6 per 100,000 full-time workers, 6th highest of the 40 states BLS published (all industries: 3.2).
- 2026 legislation directs Virginia's Safety and Health Codes Board to adopt indoor and outdoor heat illness standards by May 1, 2028. (HB 1092 / SB 288 (2026 session), signed April 13, 2026)
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 Virginia
What are the penalties for 29 CFR 1910.134 violations in Virginia in 2026?
In Virginia, a serious violation of 29 CFR 1910.134 carries a maximum penalty of $16,287 per violation, and a willful or repeat violation up to $162,849. Virginia sets its own maximums, below the federal baseline. Virginia (Code of Virginia §40.1-49.4) sets its own maximums, CPI-adjusted each August 1 and running slightly below federal: serious up to $16,287; willful/repeat up to $162,849 (willful minimum $10,000). Each distinct violation can be cited as its own item. (Source: Va. Code §40.1-49.4; verified 2026-10-05.)
Which Virginia construction trades are cited most under Respiratory Protection?
In FY2025, Virginia Occupational Safety and Health (VOSH) issued 27 citations under 29 CFR 1910.134 to Virginia construction employers, most often to Residential Remodelers (7), Plumbing, Heating, and Air-Conditioning Contractors (7) and Finish Carpentry Contractors (4) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Virginia Occupational Safety and Health (VOSH) inspects these employers directly and may apply requirements beyond the federal standard. For context, Virginia Occupational Safety and Health (VOSH) issued 1,753 construction citations across 517 inspections in FY2025. Companies in these trades should self-audit against 29 CFR 1910.134 on a recurring basis.
How often is Respiratory Protection cited on Virginia jobsites?
In FY2025, Virginia's state plan (Virginia Occupational Safety and Health (VOSH)) issued 1,753 construction citations across 517 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. Virginia's fatality figures are shown above.
Does VOSH require respirator fit-testing in Virginia?
Yes. Under 29 CFR 1910.134, any worker required to wear a tight-fitting respirator must pass a fit-test before first use and at least annually, plus a medical evaluation and training. VOSH, the state's own OSHA program, enforces this in Virginia.
Who enforces respiratory protection (1910.134) in Virginia?
VOSH, the Virginia Occupational Safety and Health program. Virginia runs a full OSHA-approved State Plan, so a state compliance officer inspects and cites 1910.134 in general industry and construction.
Can I get free OSHA help in Virginia without an inspection?
Yes. OSHA's On-Site Consultation Program in Virginia is Occupational Safety and Health – Training and Consultation (Virginia Department of Labor & Industry). 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 Virginia cite 29 CFR 1910.134 in construction?
In FY2025, Virginia Occupational Safety and Health (VOSH) cited 29 CFR 1910.134 (Respiratory Protection) 27 times on Virginia construction jobsites, with $14,176 in penalties for that standard alone (current amounts), about 1.5% of the 1,753 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
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 Virginia
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, Virginia
$16,287
per violation (max)
VS
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