In Virginia, a serious violation of 29 CFR 1910.146 (Confined Spaces) carries a maximum penalty of $16,287 per violation in 2026, rising to $162,849 for a willful or repeat violation. Confined Spaces is enforced for private construction employers by Virginia Occupational Safety and Health (VOSH). Virginia sets its own maximums, below the federal baseline.
29 CFR 1910.146 · Virginia
Confined Spaces Requirements in Virginia
Confined Spaces in Virginia: 2026 penalties, who enforces 29 CFR 1910.146, 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
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 Virginia, Virginia Occupational Safety and Health (VOSH) enforces 29 CFR 1910.146. A serious violation carries up to $16,287 in Virginia.
$16,287
maximum for a serious violation in Virginia
$162,849
maximum for a willful or repeat violation in Virginia
3.2
fatal work injuries per 100,000 full-time workers, all industries, Virginia, 2024 (BLS)
Virginia 29 CFR 1910.146 Enforcement, FY2025
Verified · 2026-08-081
citations of 29 CFR 1910.146 (FY2025)
$0
penalties for this standard
0.1%
of the state's 1,753 construction citations
In FY2025, Virginia Occupational Safety and Health (VOSH) cited 29 CFR 1910.146 (Confined Spaces) 1 times on Virginia construction jobsites with $0 in penalties for it (current amounts), about 0.1% of every construction citation the state issued that year. That put it 75th on Virginia's most-cited construction list for FY2025.
What Virginia's own rule says
Virginia adopts the federal permit-required confined space standard under VR 425-02-92, "Permit Required Confined Space for General Industry", effective September 1, 1993 with amendments through September 15, 2012. The program is the federal one. Note the title: like the federal rule this is a general industry standard, so construction confined-space work in Virginia runs through Subpart AA of Part 1926 instead. Virginia adopted 1926.1201 through 1926.1213 effective January 1, 2016, five months after the federal rule took effect.
29 CFR 1910.146 as adopted by 16VAC25-90, VR 425-02-92The 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 1910.146
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 1910.146 as adopted by 16VAC25-90, VR 425-02-92. Virginia Occupational Safety and Health (VOSH) cited 29 CFR 1910.146 1 time 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).
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 Virginia 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 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 1910.146 (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 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 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 1910.146 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 $16,287.
- 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)).
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).
- 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. 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 Virginia
What are the penalties for 29 CFR 1910.146 violations in Virginia in 2026?
In Virginia, a serious violation of 29 CFR 1910.146 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 industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Virginia, not the construction trades. Virginia Occupational Safety and Health (VOSH) 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 Virginia?
29 CFR 1910.146 is enforced against general-industry employers in Virginia, so the construction citation totals published for Virginia (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 Virginia?
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. Virginia employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan, enforced by VOSH.
Who enforces confined-space rules (1910.146) in Virginia?
VOSH, the Virginia Occupational Safety and Health program, not federal OSHA. Virginia 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 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 1910.146 in construction?
In FY2025, Virginia Occupational Safety and Health (VOSH) cited 29 CFR 1910.146 (Confined Spaces) 1 times on Virginia construction jobsites, with $0 in penalties for that standard alone (current amounts), about 0.1% of the 1,753 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
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 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)
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