In Wisconsin, a serious violation of 29 CFR 1910.134 (Respiratory Protection) carries a maximum penalty of $16,550 per violation in 2026, rising to $165,514 for a willful or repeat violation. Respiratory Protection is enforced for private construction employers by federal OSHA.
29 CFR 1910.134 · Wisconsin
Respiratory Protection Requirements in Wisconsin
Respiratory Protection in Wisconsin: 2026 penalties, who enforces 29 CFR 1910.134, the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
WisconsinGeneral Industry (29 CFR 1910)Federal OSHA Jurisdiction
In FY2025, federal OSHA cited 29 CFR 1910.134 37 times in Wisconsin construction (2.1% of its construction citations there, the 11th most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 9 citations.
37
1910.134 citations in Wisconsin construction, FY2025
(e)(1)
paragraph cited most in Wisconsin (9 citations)
7.8
fatal work injuries per 100,000 full-time workers in construction, Wisconsin, 2024 (BLS)
Federal OSHA in Wisconsin: 29 CFR 1910.134, FY2025
Counted · 2026-09-2637
citations of 29 CFR 1910.134 in 14 inspections
$34,110
penalties, current amounts ($51,481 as first proposed)
2.1%
of the 1,789 federal construction citations in Wisconsin
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 37 times in inspections of Wisconsin construction employers. It ranked 11th of the 49 standards cited in them. By classification: 32 serious, 2 repeat, 3 other-than-serious. Most-cited paragraphs: 1910.134(e)(1) (9), 1910.134(c)(1) (5), 1910.134(k) (3).
Counted by HazComFast from the U.S. Department of Labor's OSHA enforcement data (inspection and violation tables, retrieved September 26, 2026): citations issued October 1, 2024 – September 30, 2025 on federal OSHA inspections of construction employers (NAICS 23) in the state, deleted citations excluded, penalties at current amounts. OSHA's own cited-standards tool does not break federal states out; summed over every state, this count matches it within a few citations (6,778 for 1926.501, against 6,772). data.dol.gov
What federal OSHA is targeting in Wisconsin
Wisconsin 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 (REP) for Exposure to Noise Hazards in the Workplace
CPL 04-00-27 · Chicago Regional Office · effective June 1, 2021
“This Instruction applies to all Area Offices in Region V.”
Region V's noise program has been extended rather than replaced: an extension effective May 31, 2026 keeps CPL 04-00-27 in force until December 31, 2026, or until superseded by an updated directive. It covers every area office, which is the whole of Illinois, Ohio and Wisconsin for private-sector work.
Regional Emphasis Program for Transportation Tank Cleaning Operations
CPL 04-00-028 · Chicago Regional Office · effective August 2, 2021
“This Instruction applies to all worksites in Illinois, Ohio, and Wisconsin, and those worksites in Michigan, Minnesota, and Indiana under federal jurisdiction.”
Tank cleaning names its states outright rather than its area offices: all worksites in Illinois, Ohio and Wisconsin. It is also the one that puts all three chemical standards in the same inspection: the residues are hazardous chemicals under 1910.1200, the tank is a permit-required confined space, and entry means respiratory protection.
Harmful exposures and work deaths in Wisconsin, 2024
Wisconsin recorded 109 fatal work injuries in 2024, down from 112 in 2023. Exposure to harmful substances or environments caused 19 of them (17%). Construction accounted for 16.
Source: BLS Census of Fatal Occupational Injuries, Wisconsin, 2024
How Wisconsin Enforces 29 CFR 1910.134
Wisconsin has no State Plan, so federal OSHA has jurisdiction. 29 CFR 1910.134 is enforced by U.S. Department of Labor compliance officers using standard federal procedures and the federal penalty maximums.
In Wisconsin, the FY2025 citations under 29 CFR 1910.134 went most often to Masonry Contractors (11) and Commercial and Institutional Building Construction (10). 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.
Help and oversight in Wisconsin
Free, confidential help: OSHA On-Site Consultation
In Wisconsin, the program is OSHA Onsite Consultation (WisCon) Program (University of Wisconsin - Wisconsin State Laboratory of Hygiene). 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.
Wisconsin consultation program · OSHA consultation directory
Who inspects private employers here
Federal OSHA, from the Appleton Area Office (Appleton), the Eau Claire Area Office (Eau Claire), the Madison Area Office (Madison) and the Milwaukee Area Office (Milwaukee).
Read on osha.gov and the state's official statute site, September 26, 2026.
Wisconsin Penalty Amounts for 29 CFR 1910.134 (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) |
Wisconsin 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 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 Wisconsin: Federal OSHA inspects private construction employers; Wisconsin has no State Plan.
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 Wisconsin, FY2025
Federal OSHA issued 37 citations under 29 CFR 1910.134 to Wisconsin construction employers in FY2025. The paragraphs cited most, with the official text. A serious violation carries up to $16,550.
- 1
1910.134(e)(1) General. 9 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 …”
- 2
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 …”
- 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(g)(1)(i)(A) 3 citations
“Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or”
- 5
1910.134(k) Training and information. 3 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 …”
- 6
1910.134(c) Respiratory protection program. 2 citations
“This paragraph requires the employer to develop and implement a written respiratory protection program with required worksite-specific procedures and elements for required respirator use. The program must be …”
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
Wisconsin Safety & Enforcement Profile
26,559
Federal construction citations (national, FY2025)
1,789 of them in Wisconsin (HazComFast count)
Federal OSHA
Enforces private construction
- Construction trades inspected most in Wisconsin, FY2025: Roofing Contractors (345), Framing Contractors (89) and Commercial and Institutional Building Construction (53), out of 738 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Wisconsin, FY2025: Masonry Contractors (11), Commercial and Institutional Building Construction (10) and Drywall and Insulation Contractors (5), of 37 citations.
- Construction fatality rate in Wisconsin, 2024: 7.8 per 100,000 full-time workers, 30th highest of the 40 states BLS published (all industries: 3.7).
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 Wisconsin
Which Wisconsin construction trades are cited most under Respiratory Protection?
In FY2025, federal OSHA issued 37 citations under 29 CFR 1910.134 to Wisconsin construction employers, most often to Masonry Contractors (11), Commercial and Institutional Building Construction (10) and Drywall and Insulation Contractors (5) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Federal OSHA inspects these employers directly, since Wisconsin has no state plan covering the private sector. For context, federal OSHA issued 1,789 citations across 634 inspections of Wisconsin construction employers in FY2025 (HazComFast count from Labor Department enforcement data). Companies in these trades should self-audit against 29 CFR 1910.134 on a recurring basis.
How often is Respiratory Protection cited on Wisconsin jobsites?
OSHA's cited-standards tool does not break Wisconsin out, but the Labor Department's enforcement data do: in FY2025, federal OSHA issued 1,789 citations across 634 inspections of Wisconsin construction employers, 37 of them under 29 CFR 1910.134 (HazComFast count). A Respiratory Protection citation in Wisconsin can come from any inspection: programmed, complaint-driven or post-accident. Wisconsin's fatality figures are shown above.
Who enforces respiratory protection (1910.134) for Wisconsin employers?
Federal OSHA. Because Wisconsin has no State Plan, a compliance officer from OSHA's Chicago region inspects and cites 1910.134 directly, at the federal penalty maximums.
Can I get free OSHA help in Wisconsin without an inspection?
Yes. OSHA's On-Site Consultation Program in Wisconsin is OSHA Onsite Consultation (WisCon) Program (University of Wisconsin - Wisconsin State Laboratory of Hygiene). 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 federal OSHA cite 29 CFR 1910.134 in Wisconsin construction?
In FY2025, federal OSHA cited 29 CFR 1910.134 (Respiratory Protection) 37 times in 14 inspections of Wisconsin construction employers, with $34,110 in penalties at current amounts ($51,481 as first proposed), 2.1% of the 1,789 citations those inspections produced. It ranked 11th of the 49 standards cited. (HazComFast count from U.S. Department of Labor OSHA enforcement data, retrieved 2026-09-26.)
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 Wisconsin
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.
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