In Washington, a serious Confined Spaces violation 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 Washington State Department of Labor & Industries (L&I DOSH), under WAC 296-809, applied to construction by WAC 296-155-203 rather than 29 CFR 1910.146.
29 CFR 1910.146 · Washington
Confined Spaces Requirements in Washington
Confined Spaces in Washington: 2026 penalties, who enforces WAC 296-809, applied to construction by WAC 296-155-203, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
WashingtonGeneral Industry (29 CFR 1910)State Plan: Washington State Department of Labor & Industries (L&I DOSH)
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 Washington, Washington State Department of Labor & Industries (L&I DOSH) enforces the state's own rule on this subject, WAC 296-809, applied to construction by WAC 296-155-203. 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
2.8
fatal work injuries per 100,000 full-time workers, all industries, Washington, 2024 (BLS)
What Washington's own rule says
“New systems under construction or new installations which have not yet been connected to a used system, may substitute forced ventilation for the testing requirements of chapter 296-809 WAC…”
Federal law splits confined spaces in two: 1910.146 for general industry, Subpart AA of Part 1926 for construction. Washington runs one chapter, 296-809, and WAC 296-155-203 sends all construction work into it, which is why host-employer and controlling-contractor duties appear in the same rule a plant would use. Washington also carries an allowance with no federal counterpart: on sewer systems still under construction and not yet connected to a used system, WAC 296-155-20307 permits forced ventilation in place of atmospheric testing, but only with ventilation running at least five minutes before entry, a continuous air supply, exhaust discharged clear of other workers, and an attendant at the surface who cannot leave until everyone is out and the cover is back on.
WAC 296-809, applied to construction by WAC 296-155-203The duty itself differs from the federal text.
Harmful exposures and work deaths in Washington, 2024
Washington recorded 102 fatal work injuries in 2024, up from 97 in 2023. Exposure to harmful substances or environments caused 25 of them (25%). Construction accounted for 16.
Source: BLS Census of Fatal Occupational Injuries, Washington, 2024
How Washington Enforces Confined Spaces
Washington runs an OSHA-approved State Plan administered by Washington State Department of Labor & Industries (L&I DOSH), which covers private-sector construction. Its compliance officers enforce Washington's own standards, which must be at least as effective as federal OSHA's and may go further. On this subject the rule is WAC 296-809, applied to construction by WAC 296-155-203, which differs from the federal text (see the state rule above). Washington applies 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 Washington 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 Washington State Plan governs it. Start free
Help and oversight in Washington
Free, confidential help: OSHA On-Site Consultation
In Washington, the program is Division of Occupational Safety and Health (Washington Department of Labor & Industries). 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.
Washington consultation program · OSHA consultation directory
Read on osha.gov and the state's official statute site, September 26, 2026.
Washington Penalty Amounts for Confined Spaces (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) |
Washington applies the federal OSHA maximums. Amounts are ceilings per violation. Washington State Department of Labor & Industries (L&I DOSH) computes proposed penalties under its own State Plan procedures.
Key Confined Spaces Requirements Under the Federal Standard 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 Washington: Washington State Department of Labor & Industries (L&I DOSH) inspects private employers, construction included, under an OSHA-approved State Plan. Washington State Department of Labor & Industries (L&I DOSH) 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)).
Washington Safety & Enforcement Profile
5,445
FY2025 construction citations
Washington State Department of Labor & Industries (L&I DOSH)
Enforces private construction
- Construction trades inspected most in Washington, FY2025: Roofing Contractors (348), New Single-Family Housing Construction (except For-Sale Builders) (312) and Residential Remodelers (255), out of 2,083 inspections opened (federal OSHA and State Plan combined).
- Construction fatality rate in Washington, 2024: 6.3 per 100,000 full-time workers, 36th highest of the 40 states BLS published (all industries: 2.8).
- Washington's outdoor heat exposure rule (WAC 296-62-095 through 296-62-09560) applies to all employers with employees performing work in an outdoor environment. It has been in force since July 5, 2008, and was last amended effective July 17, 2023. (WAC 296-62-09510 (WSR 08-12-109; WSR 23-14-042))
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 Washington
Which Washington industries most often face a Confined Spaces inspection?
Confined Spaces inspections reach general-industry employers in Washington, not the construction trades. Washington State Department of Labor & Industries (L&I DOSH) 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 Washington?
29 CFR 1910.146 is enforced against general-industry employers in Washington, so the construction citation totals published for Washington (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' in Washington?
Under Chapter 296-809 WAC, 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. Washington employers must test the atmosphere before and during entry, ventilate as necessary, post an attendant, and have a rescue plan.
Who enforces confined-space rules in Washington?
WISHA, Washington's OSHA-approved State Plan, enforced by L&I's Division of Occupational Safety and Health (DOSH), not federal OSHA. Washington enforces confined spaces under Chapter 296-809 WAC rather than the federal 1910.146.
Can I get free OSHA help in Washington without an inspection?
Yes. OSHA's On-Site Consultation Program in Washington is Division of Occupational Safety and Health (Washington Department of Labor & Industries). 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 Washington
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
$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.