Tier 2 Severe

BAR EXCAVATING INC.

📍 600 LAFAYETTE ROAD, PORTSMOUTH, NH 03801🏭 Site Preparation Contractors (NAICS 238910)📅 2009-04-10
$21,000.00
Total Penalties
1
Citations
39/100
Risk Score
388
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, BAR EXCAVATING INC. — a site preparation contractors facility located at 600 LAFAYETTE ROAD, PORTSMOUTH, NH 03801 — was the subject of a formal OSHA inspection that resulted in 1 citation(s) and cumulative proposed penalties of $21,000.00. The inspection case was opened on 2009-04-10.

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 $21,000.00 is more than 5.8× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238910). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within NH, this facility's penalty places it at the 97th percentile among 12,674 inspected facilities. The statewide average penalty is $3,397.44.

Citation Analysis: The inspection produced 1 citations spanning 1 distinct OSHA regulatory standards. The citation breakdown includes: 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.

Enforcement Timeline: Citations were issued beginning May 29, 2009 with the latest abatement deadline set for June 4, 2009. Of the 1 total citations, 1 (100%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The per-citation average of $21,000.00 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 action against Bar Excavating Inc. underscores a critical breakdown in fundamental trenching safety protocols.

Industry Benchmark (NH)

This facility's $21,000 penalty is higher than 95% of all penalized companies in the NAICS 238910 industry in NH. The state average penalty for this industry is $9,606.

$9,606
State Avg
$21,000
This Facility
Citation Matrix — 1 Citations
29 CFR 1926.652(a)(01)
Willful
Penalty: $21,000.00Gravity: 10Issued: May 29, 2009Abated: ✓ Yes
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 PORTSMOUTH, NH (Exact Industry)

BAR EXCAVATING INC. (This Facility)
$21.0K
1 cit.
MANAFORT BROTHERS INC.
$329.5K
10 cit.
ATLANTIC COAST DISMANTLING, LLC
$6.0K
5 cit.
NASDI, LLC
$6.0K
2 cit.
More NH Enforcement Records
BLACK MAG LLC, DBA BMI & DBA BLACK MAG INDUSTRIES
COLEBROOK, NH
$1.2M
61 cit.
FRANKLIN NON-FERROUS FOUNDRY, INC.
FRANKLIN, NH
$523.5K
160 cit.
MANAFORT BROTHERS INC.
PORTSMOUTH, NH
$329.5K
10 cit.
LUIS GUALLPA
NASHUA, NH
$300.0K
6 cit.
TWIN PINES CONSTRUCTION INC.
DURHAM, NH
$290.7K
14 cit.
Other Inspected Facilities in PORTSMOUTH, NH
MANAFORT BROTHERS INC.
$329.5K
10 cit.
TWIN PINES CONSTRUCTION INC.
$180.1K
16 cit.
HIGH LINER FOODS (USA), INC.
$102.8K
17 cit.
MONRO MUFFLER BRAKE, INC.
$94.2K
13 cit.
SHAWNLEE CONSTRUCTION LLC
$53.9K
5 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 PORTSMOUTH · New Hampshire data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was BAR EXCAVATING INC. cited for?

BAR EXCAVATING INC. received 1 citation(s) covering 1 distinct OSHA standards. Total proposed penalties were $21,000.00. The inspection opened on 2009-04-10.

How much was BAR EXCAVATING INC. fined by OSHA?

OSHA proposed penalties of $21,000.00 against BAR EXCAVATING INC. in PORTSMOUTH, NH. Average per citation: $21,000.00.

Is BAR EXCAVATING INC. a safe workplace?

Based on enforcement records, BAR EXCAVATING INC. has a risk score of 39 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 Site Preparation Contractors facilities is $3,609.14. This facility penalty of $21,000.00 is above the industry average.