Tier 2 Severe

ABEL CUNYAS CABRERA

📍 1104 FIFTH AVENUE NE, MANDAN, ND 58554🏭 Roofing Contractors (NAICS 238160)📅 2024-05-23
$91,629.00
Total Penalties
5
Citations
70/100
Risk Score
459
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, ABEL CUNYAS CABRERA — a roofing contractors facility located at 1104 FIFTH AVENUE NE, MANDAN, ND 58554 — was the subject of a formal OSHA inspection that resulted in 5 citation(s) and cumulative proposed penalties of $91,629.00. The inspection case was opened on 2024-05-23.

Federal investigators determined that one or more violations at this facility were committed willfully — meaning the employer either knowingly failed to comply with OSHA standards or acted with plain indifference to employee safety. Willful violations carry the highest penalty multipliers under the OSH Act.

BLS Injury Data: According to the Bureau of Labor Statistics (2022), this industry sector has an occupational injury rate of 2.8 per 100 full-time workers — 4% above the national average of 2.7. The sector fatality rate is 9.6 per 100,000 workers.

Industry Benchmark: The total penalty of $91,629.00 is more than 25.4× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238160). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within ND, this facility's penalty places it at the 100th percentile among 7,285 inspected facilities. The statewide average penalty is $2,884.40.

Citation Analysis: The inspection produced 5 citations spanning 5 distinct OSHA regulatory standards. The citation breakdown includes: 1 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 1 willful — The employer intentionally and knowingly committed the violation, demonstrating either an intentional disregard for the requirements of the OSH Act or plain indifference to employee safety and health. 1 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 2 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm.

Enforcement Timeline: Citations were issued beginning August 7, 2024 with the latest abatement deadline set for September 11, 2024. Of the 5 total citations, 0 (0%) have been marked as abated in DOL records, which may indicate ongoing compliance gaps requiring further regulatory attention.

Penalty Assessment: The per-citation average of $18,325.80 exceeds OSHA's FY2024 statutory maximum of $16,131 for serious violations, indicating the presence of willful or repeat classifications that carry enhanced penalty authority under Section 17 of the OSH Act.

The enforcement record for Abel Cunyas Cabrera reveals a profound systemic failure to manage the primary life-safety hazards

Industry Benchmark (ND)

This facility's $91,629 penalty is higher than 99% of all penalized companies in the NAICS 238160 industry in ND. The state average penalty for this industry is $4,711.

$4,711
State Avg
$91,629
This Facility
Citation Matrix — 5 Citations
29 CFR 1926.502(d)(21)
Fall Protection Systems Criteria
Serious
Penalty: $6,452.00Gravity: 10Issued: August 7, 2024Abated: Pending
29 CFR 1926.501(b)(13)
Fall Protection Scope & Applications (Construction)
Willful
Penalty: $70,982.00Gravity: 10Issued: August 7, 2024Abated: Pending
29 CFR 1926.1053(b)(01)
Ladders (Construction)
Repeat
Penalty: $14,195.00Gravity: 10Issued: August 7, 2024Abated: Pending
29 CFR 1926.102(a)(01)
Other-than-Serious
Penalty: $0.00Gravity: nanIssued: August 7, 2024Abated: Pending
29 CFR 1926.503(a)(01)
Fall Protection Training
Other-than-Serious
Penalty: $0.00Gravity: nanIssued: August 7, 2024Abated: Pending
This report is compiled from publicly available U.S. Department of Labor enforcement data under the Freedom of Information Act. SVEP Navigator is an independent research and analysis platform and is not affiliated with, endorsed by, or connected to OSHA, the Department of Labor, or any federal agency. Information is provided for research, educational, and compliance planning purposes only and does not constitute legal advice. Penalty amounts shown are proposed penalties and may have been modified through contest proceedings or settlement.
Local Competitor Benchmark

Comparing penalized facilities in MANDAN, ND (Exact Industry)

ABEL CUNYAS CABRERA (This Facility)
$91.6K
5 cit.
LIEFFRING CONSTRUCTION
$28.5K
1 cit.
B & B ROOFING, INC.
$16.0K
1 cit.
BILIN CONSTRUCTION LLC
$14.5K
4 cit.
More ND Enforcement Records
WAGNER CONSTRUCTION INC
MINOT, ND
$1.9M
17 cit.
DOLLAR GENERAL CORPORATION/ DG RETAIL, LLC
KILLDEER, ND
$280.3K
5 cit.
KAMPHUIS PIPELINE CO.
DAWSON, ND
$267.1K
7 cit.
KLX ENERGY SERVICES, LLC
GRASSY BUTTE, ND
$250.0K
11 cit.
RED RIVER COMMODITIES, INC.
FARGO, ND
$225.0K
14 cit.
Other Inspected Facilities in MANDAN, ND
CLOVERDALE FOODS COMPANY
$47.5K
47 cit.
BOWERS EXCAVATING LLC
$43.6K
5 cit.
E P CONSTRUCTION, LLC
$41.7K
4 cit.
LIEFFRING CONSTRUCTION
$28.5K
1 cit.
WEISZ & SONS, INC.
$26.0K
6 cit.
Related Guides & Tools
OSHA Fines & Penalties Guide →
How OSHA calculates penalties and maximum fine amounts.
After an OSHA Inspection →
Citations, appeals, and penalty negotiation steps.
Top 10 OSHA Violations →
The most frequently cited standards nationwide.
Construction Safety Data →
Industry-wide violation stats and rankings.

Explore more: OSHA enforcement in MANDAN · North Dakota data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was ABEL CUNYAS CABRERA cited for?

ABEL CUNYAS CABRERA received 5 citation(s) covering 5 distinct OSHA standards. Total proposed penalties were $91,629.00. The inspection opened on 2024-05-23.

How much was ABEL CUNYAS CABRERA fined by OSHA?

OSHA proposed penalties of $91,629.00 against ABEL CUNYAS CABRERA in MANDAN, ND. Average per citation: $18,325.80.

Is ABEL CUNYAS CABRERA a safe workplace?

Based on enforcement records, ABEL CUNYAS CABRERA has a risk score of 70 out of 100. Federal investigators determined that one or more violations at this facility were committed willfully — meaning the employer either knowingly failed to comply with OSHA standards or acted with plain indifference to employee safety. Willful violations carry the highest penalty multipliers under the OSH Act.

How does this penalty compare to the industry average?

The average penalty for Roofing Contractors facilities is $3,609.14. This facility penalty of $91,629.00 is above the industry average.