BAR EXCAVATING INC.
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.
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.
Comparing penalized facilities in PORTSMOUTH, NH (Exact Industry)
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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.