In Wyoming, 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 Wyoming OSHA.
29 CFR 1910.134 · Wyoming
Respiratory Protection Requirements in Wyoming
Respiratory Protection in Wyoming: 2026 penalties, who enforces 29 CFR 1910.134 as incorporated by Wyo. OSHA General Industry 1910, Chapter 9 (Subpart I), the paragraphs cited and free tools.
Verified vs OSHA sources · 2026-10-05
WyomingGeneral Industry (29 CFR 1910)State Plan: Wyoming OSHA
In FY2025, Wyoming OSHA cited 29 CFR 1910.134 3 times in Wyoming construction (3.4% of its construction citations there, the 10th most-cited standard there). The paragraph cited most was 1910.134(e)(1), general, with 1 citation.
3
1910.134 citations in Wyoming construction, FY2025
(e)(1)
paragraph cited most in Wyoming (1 citation)
27.1
fatal work injuries per 100,000 full-time workers in construction, Wyoming, 2024 (BLS)
Wyoming 29 CFR 1910.134 Enforcement, FY2025
Verified · 2026-08-083
citations of 29 CFR 1910.134 (FY2025)
$4,465
penalties for this standard
3.4%
of the state's 89 construction citations
In FY2025, Wyoming OSHA cited 29 CFR 1910.134 (Respiratory Protection) 3 times on Wyoming construction jobsites with $4,465 in penalties for it (current amounts), about 3.4% of every construction citation the state issued that year. That put it tenth on Wyoming's most-cited construction list for FY2025.
What Wyoming's own rule says
Respiratory protection sits inside Subpart I, so in Wyoming it comes in through Chapter 9 at the 2016 edition as it stood on June 19, 2018, which is before the September 26, 2019 amendment that added the two modified ambient aerosol CNC fit-testing protocols to Appendix A. The exposure limits that drive respirator selection, by contrast, come from Chapter 26 at the 2024 edition as in effect September 12, 2025. Two chapters, seven years apart, on the same respirator program.
29 CFR 1910.134 as incorporated by Wyo. OSHA General Industry 1910, Chapter 9 (Subpart I)The duty itself differs from the federal text.
Harmful exposures and work deaths in Wyoming, 2024
Wyoming recorded 37 fatal work injuries in 2024, down from 45 in 2023. Exposure to harmful substances or environments caused 4 of them (11%). Construction accounted for 6.
Source: BLS Census of Fatal Occupational Injuries, Wyoming, 2024
How Wyoming Enforces 29 CFR 1910.134
Wyoming runs an OSHA-approved State Plan administered by Wyoming OSHA, which covers private-sector construction. Its compliance officers enforce Wyoming'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 incorporated by Wyo. OSHA General Industry 1910, Chapter 9 (Subpart I), which differs from the federal text (see the state rule above). Wyoming OSHA cited 29 CFR 1910.134 3 times in Wyoming construction in FY2025 (OSHA Frequently Cited Standards). Wyoming applies the federal penalty maximums.
In Wyoming, the FY2025 citations under 29 CFR 1910.134 went most often to Painting and Wall Covering Contractors (3). A single inspection can produce several per-instance citations. Recurring self-audits against 29 CFR 1910.134 as incorporated by Wyo. OSHA General Industry 1910, Chapter 9 (Subpart I), before an officer arrives, are the most reliable defense.
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Help and oversight in Wyoming
Free, confidential help: OSHA On-Site Consultation
In Wyoming, the program is OSHA Division (Wyoming Department of Workforce Services). 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.
Wyoming 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) |
Wyoming applies the federal OSHA maximums. Amounts are ceilings per violation. Wyoming OSHA 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 Wyoming: Wyoming OSHA inspects private employers, construction included, under an OSHA-approved State Plan. Wyoming OSHA 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 Wyoming, FY2025
Wyoming OSHA issued 3 citations under 29 CFR 1910.134 to Wyoming 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. 1 citation
“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(f)(2) 1 citation
“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, …”
- 3
1910.134(g)(1)(i)(A) 1 citation
“Facial hair that comes between the sealing surface of the facepiece and the face or that interferes with valve function; or”
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
Wyoming Safety & Enforcement Profile
89
FY2025 construction citations
Wyoming OSHA
Enforces private construction
- Construction trades inspected most in Wyoming, FY2025: Roofing Contractors (17), Commercial and Institutional Building Construction (15) and New Single-Family Housing Construction (except For-Sale Builders) (5), out of 73 inspections opened (federal OSHA and State Plan combined).
- Cited most under 29 CFR 1910.134 in Wyoming, FY2025: Painting and Wall Covering Contractors (3), of 3 citations.
- Construction fatality rate in Wyoming, 2024: 27.1 per 100,000 full-time workers, 2nd highest of the 40 states BLS published (all industries: 13.9).
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 Wyoming
Which Wyoming construction trades are cited most under Respiratory Protection?
In FY2025, Wyoming OSHA issued 3 citations under 29 CFR 1910.134 to Wyoming construction employers, most often to Painting and Wall Covering Contractors (3) (HazComFast count from Labor Department enforcement data, by the cited employer's NAICS industry). Wyoming OSHA inspects these employers directly and may apply requirements beyond the federal standard. For context, Wyoming OSHA issued 89 construction citations across 37 inspections in FY2025. Companies in these trades should self-audit against 29 CFR 1910.134 as incorporated by Wyo. OSHA General Industry 1910, Chapter 9 (Subpart I), Wyoming's own rule on this subject.
How often is Respiratory Protection cited on Wyoming jobsites?
In FY2025, Wyoming's state plan (Wyoming OSHA) issued 89 construction citations across 37 inspections (OSHA Frequently Cited Standards, NAICS 23). Respiratory Protection can be cited during any of them: programmed, complaint-driven or post-accident. Wyoming's fatality figures are shown above.
Does Wyoming OSHA require respirator fit-testing?
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. Wyoming OSHA, the state's own program, enforces this and cited 1910.134 3 times in FY2025 construction.
Who enforces respiratory protection (1910.134) in Wyoming?
Wyoming OSHA, a division of the Wyoming Department of Workforce Services. Wyoming 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 Wyoming without an inspection?
Yes. OSHA's On-Site Consultation Program in Wyoming is OSHA Division (Wyoming Department of Workforce Services). 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 Wyoming cite 29 CFR 1910.134 in construction?
In FY2025, Wyoming OSHA cited 29 CFR 1910.134 (Respiratory Protection) 3 times on Wyoming construction jobsites, with $4,465 in penalties for that standard alone (current amounts), about 3.4% of the 89 construction citations the state issued that year. (Source: OSHA Frequently Cited Standards, NAICS 23; verified 2026-08-08.)
Respiratory Protection Guides & Resources
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Related standards
Respiratory Protection in Other States
13 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 Wyoming
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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