BERCO OF AMERICA, INC.

According to U.S. Department of Labor enforcement records, BERCO OF AMERICA, INC. — a construction machinery manufacturing facility located at W229 N1420 WESTWOOD DR., WAUKESHA, WI 53186 — was the subject of a formal OSHA inspection that resulted in 5 citation(s) and cumulative proposed penalties of $35,252.60. The inspection case was opened on 2018-04-25.

DOL records document workplace safety violations warranting formal citation under the OSH Act. While classified at the standard enforcement level, all OSHA citations require corrective action and may indicate areas where workplace safety programs should be strengthened.

BLS Injury Data: According to the Bureau of Labor Statistics (2022), this industry sector has an occupational injury rate of 3.3 per 100 full-time workers — 22% above the national average of 2.7. The sector fatality rate is 2.3 per 100,000 workers.

EPA Environmental Record: The EPA shows no current violations for this facility. regulated under: RCRA Hazardous Waste. Source: EPA ECHO database.

Industry Benchmark: The total penalty of $35,252.60 is more than 5.5× the national average of $6,436.62 for facilities in the Manufacturing sector (NAICS 333120). This sector encompasses 82,943 inspected facilities nationwide with aggregate penalties totaling $533.9M.

State Context: Within WI, this facility's penalty places it at the 99th percentile among 43,331 inspected facilities. The statewide average penalty is $3,505.68.

Citation Analysis: The inspection produced 5 citations spanning 2 distinct OSHA regulatory standards. The citation breakdown includes: 4 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 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 November 17, 2011 with the latest abatement deadline set for June 8, 2012. 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 cumulative penalty of $35,252.60 reflects OSHA's gravity-based penalty calculation methodology, which considers the severity of potential injury, the probability of occurrence, the employer's size, good faith, and violation history. The per-citation average of $7,050.52 falls within the standard penalty range.

The enforcement action at Berco of America, Inc. reveals a critical breakdown in fundamental machine safety protocols, specifically regarding the control of hazardous energy and point-of-operation guarding. The concentration of citations under 29 CFR 1910.212(a)(1) indicates a systemic failure to protect employees from rotating parts, sparks, and flying chips, which are inherent risks in heavy machinery manufacturing. While the individual penalties for these "Serious" violations were tiered, the maximum assessment of $18,755 for a single guarding infraction suggests that OSHA inspectors identified high-probability injury scenarios, likely involving repeat exposures or a failure to address previously identified hazards. The inclusion of a 1910.147(d) violation—the lockout/tagout (LOTO) "fatal five" steps—points to a dangerous operational gap where workers were performing maintenance or clearing jams without verified energy isolation. In the context of NAICS 333120, where heavy equipment components are fabricated, the combination of inadequate guarding and flawed LOTO procedures creates a high-risk environment for amputations and crushing injuries. Rather than isolated mechanical failures, the recurrence of guarding violations across multiple production areas suggests a lack of a comprehensive safety management system. The total penalty load exceeds industry averages for mid-sized fabrication facilities, signaling that the agency viewed the site’s non-compliance as a pervasive cultural issue rather than a series of technical oversights.