In West Virginia, a serious violation of 29 CFR 1910.147 (Lockout/Tagout (LOTO)) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Lockout/Tagout (LOTO) is enforced for private construction employers by federal OSHA.
29 CFR 1910.147 · West Virginia
Lockout/Tagout (LOTO) Requirements in West Virginia
Lockout/Tagout (LOTO) in West Virginia: 2026 penalties, who enforces 29 CFR 1910.147, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
West VirginiaGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
29 CFR 1910.147 does not apply to construction work. In West Virginia, federal OSHA enforces 29 CFR 1910.147. 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
5.8
fatal work injuries per 100,000 full-time workers, all industries, West Virginia, 2024 (BLS)
What federal OSHA is targeting in West Virginia
West Virginia 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 the Oil and Gas Service Industry
2023-04 (CPL 04) · Philadelphia Regional Office · effective October 1, 2023
“This Instruction applies to the Erie, Pittsburgh, Harrisburg, Wilkes-Barre, Pennsylvania, and Charleston, West Virginia Area Offices.”
Oil and gas service work is programmed through five named offices: Erie, Pittsburgh, Harrisburg and Wilkes-Barre in Pennsylvania, and Charleston in West Virginia. Well-site service work brings hazard communication, permit-required confined spaces and hazardous energy control into one inspection, which is why the same program appears against all three standards.
Contact incidents and work deaths in West Virginia, 2024
West Virginia recorded 40 fatal work injuries in 2024, down from 58 in 2023. Contact incidents caused 9 of them (23%). Construction accounted for 3.
Source: BLS Census of Fatal Occupational Injuries, West Virginia, 2024
How West Virginia Enforces 29 CFR 1910.147
West Virginia has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1910.147 is enforced by U.S. Department of Labor compliance officers using standard federal procedures and the federal penalty maximums.
29 CFR 1910.147 is a general-industry standard and does not govern construction work. “This standard does not cover the following: (A) Construction and agriculture employment”. Branding a construction program “1910.147 compliant” cites the wrong standard. Unlike confined spaces, Part 1926 has no wholesale re-enactment of 1910.147: construction energy-control duties are spread across hazard-specific provisions, so no single construction equivalent is named here. A West Virginia contractor auditing against 29 CFR 1910.147 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 West Virginia
Free, confidential help: OSHA On-Site Consultation
In West Virginia, the program is OSHA Consultation Program (West Virginia Division 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.
West Virginia consultation program · OSHA consultation directory
Who inspects private employers here
Federal OSHA, from the Charleston Area Office (Charleston).
Read on osha.gov and the state's official statute site, September 26, 2026.
West Virginia Penalty Amounts for 29 CFR 1910.147 (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) |
West Virginia 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 Lockout/Tagout (LOTO) Requirements 29 CFR 1910.147
- Develop machine-specific energy control procedures
- Train authorized, affected, and other employees
- Use standardized lockout/tagout devices
- Follow the 6-step LOTO sequence
- Conduct annual periodic inspections of procedures
- Coordinate group lockout for multi-employee servicing
Who enforces it in West Virginia: Federal OSHA inspects private construction employers; West Virginia has no State Plan.
The compliance checklist, the paragraphs OSHA cites nationally and what an inspector checks under 29 CFR 1910.147 are on the 29 CFR 1910.147 page.
What a Lockout/Tagout (LOTO) Violation Looks Like
Each item below breaches a specific paragraph of 29 CFR 1910.147. It is a list of requirements, not a ranking. A serious violation carries up to $16,550.
- No documented, machine-specific energy control procedures (1910.147(c)(4)).
- Failure to conduct the required at-least-annual periodic inspection of procedures (1910.147(c)(6)).
- Authorized/affected employees not trained (or retrained after changes) (1910.147(c)(7)).
- Stored or residual energy not released or restrained before servicing (1910.147(d)(5)).
- No verification of de-energization/isolation before work begins (1910.147(d)(6)).
West Virginia Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
86 of them in West Virginia (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in West Virginia, FY2025: Commercial and Institutional Building Construction (55), Roofing Contractors (28) and Electrical Contractors and Other Wiring Installation Contractors (17), out of 200 inspections opened (federal OSHA and State Plan combined).
- Fatal injury rate in West Virginia, 2024: 5.8 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 Lockout/Tagout (LOTO) Compliance Tools
Lockout/Tagout (LOTO) FAQ for West Virginia
Which West Virginia industries most often face a Lockout/Tagout (LOTO) inspection?
Lockout/Tagout (LOTO) inspections reach general-industry employers in West Virginia, not the construction trades. Federal OSHA inspects these employers directly, since West Virginia has no state plan covering the private sector. A construction employer is not governed by 29 CFR 1910.147, and the construction-side duties on this subject are not concentrated in a single standard. Check your Part 1926 obligations instead.
How often is Lockout/Tagout (LOTO) cited in West Virginia?
29 CFR 1910.147 is enforced against general-industry employers in West Virginia, so the construction citation totals published for West Virginia (OSHA Frequently Cited Standards, NAICS 23) do not measure it. “This standard does not cover the following: (A) Construction and agriculture employment”. Branding a construction program “1910.147 compliant” cites the wrong standard. Unlike confined spaces, Part 1926 has no wholesale re-enactment of 1910.147: construction energy-control duties are spread across hazard-specific provisions, so no single construction equivalent is named here. A construction employer is not governed by 29 CFR 1910.147, and the construction-side duties on this subject are not concentrated in a single standard. Check your Part 1926 obligations instead.
Does OSHA require a written lockout/tagout program in West Virginia?
Yes. 29 CFR 1910.147 requires an energy control program with documented procedures for the equipment serviced, employee training, and a periodic inspection of each procedure at least annually. In West Virginia, federal OSHA can cite the missing program, missing equipment-specific steps, or the failure to isolate stored energy.
Who enforces lockout/tagout (1910.147) for West Virginia employers?
Federal OSHA. With no State Plan, a compliance officer from OSHA's Philadelphia region inspects and cites 1910.147 directly at the federal penalty maximums.
Can I get free OSHA help in West Virginia without an inspection?
Yes. OSHA's On-Site Consultation Program in West Virginia is OSHA Consultation Program (West Virginia Division 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.
Lockout/Tagout (LOTO) Guides & Resources
Compare this combination against any other state and standard with the enforcement risk lookup.
Related standards
Lockout/Tagout (LOTO) in Other States
7 other state plans write a rule of their own for 29 CFR 1910.147 rather than adopting the federal text unchanged. Those are listed first. Compare all of them side by side.
California8 CCR §3314 (applied to all employments by §3202(a))own maxHawaii29 CFR 1910.147 as incorporated by HAR §12-60-50(a), with §12-60-4 and §12-60-6Indiana29 CFR 1910.147 as applied in Indiana; review by the board of safety review, not OSHRCown maxKentucky803 KAR 2:309, Section 3own maxMinnesotaMinn. R. 5207.0600Nevada29 CFR 1910.147 as applied in Nevada, with NRS 618.383UtahUtah Admin. Code R614-1-5.D.6.bown maxAlabama
Other OSHA Standards in West 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
$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.