Tier 1 Critical

BERRY MARBLE COMPANY, INC.

📍 2910 W. ERWIN STREET, TYLER, TX 75702🏭 Manufacturing (NAICS 327991)📅 2018-01-18
$207,079.80
Total Penalties
19
Citations
94/100
Risk Score
396
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, BERRY MARBLE COMPANY, INC. — a manufacturing facility located at 2910 W. ERWIN STREET, TYLER, TX 75702 — was the subject of a formal OSHA inspection that resulted in 19 citation(s) and cumulative proposed penalties of $207,079.80. The inspection case was opened on 2018-01-18.

This facility represents one of the most severe enforcement actions in the OSHA SVEP database. Willful violations combined with penalties exceeding $100,000 indicate a pattern of deliberate non-compliance that poses an imminent danger to workers.

Industry Benchmark: The total penalty of $207,079.80 is more than 24.6× the national average of $8,414.32 for facilities in the Manufacturing sector (NAICS 327991). This sector encompasses 52,095 inspected facilities nationwide with aggregate penalties totaling $438.3M.

State Context: Within TX, this facility's penalty places it at the 100th percentile among 119,485 inspected facilities. The statewide average penalty is $3,783.80.

Citation Analysis: The inspection produced 19 citations spanning 6 distinct OSHA regulatory standards. The citation breakdown includes: 8 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 4 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. 3 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order.

Enforcement Timeline: Citations were issued beginning January 16, 2014 with the latest abatement deadline set for July 26, 2018. Of the 19 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 $207,079.80 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 $10,898.94 falls within the standard penalty range.

Berry Marble Company’s 2018 enforcement record reveals a profound systemic breakdown of safety management,

Citation Matrix — 19 Citations
OSHA Std. 5A0001
Serious
Penalty: $5,575.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.147(c)(04)
Control of Hazardous Energy (Lockout/Tagout)
Serious
Penalty: $5,575.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.147(d)(06)
Control of Hazardous Energy (Lockout/Tagout)
Serious
Penalty: $5,575.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.147(f)(03)
Control of Hazardous Energy (Lockout/Tagout)
Serious
Penalty: $5,575.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.1200(h)(03)
Hazard Communication Standard (Chemical Safety)
Serious
Penalty: $5,575.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.132(d)(01)
Personal Protective Equipment — General
Willful
Penalty: $55,700.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.138(b)
Respiratory Protection
Willful
Penalty: $0.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.184(c)(01)
Slings Safety
Willful
Penalty: $55,700.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.184(i)(01)
Slings Safety
Willful
Penalty: $0.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.147(c)(06)
Control of Hazardous Energy (Lockout/Tagout)
Repeat
Penalty: $11,294.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.147(c)(07)
Control of Hazardous Energy (Lockout/Tagout)
Repeat
Penalty: $29,431.00Gravity: 10Issued: July 16, 2018Abated: Pending
29 CFR 1910.147(c)(07)
Control of Hazardous Energy (Lockout/Tagout)
Repeat
Penalty: $0.00Gravity: 10Issued: July 16, 2018Abated: Pending
OSHA Std. 5A0001
Serious
Penalty: $2,800.00Gravity: 10Issued: January 16, 2014Abated: Pending
29 CFR 1910.141(a)(03)
Serious
Penalty: $1,200.00Gravity: 1Issued: January 16, 2014Abated: Pending
29 CFR 1910.147(c)(01)
Control of Hazardous Energy (Lockout/Tagout)
Serious
Penalty: $2,800.00Gravity: 10Issued: January 16, 2014Abated: 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.
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