Tier 3 Elevated

BILFINGER BERGER CIVIL, INC. (FORMERLY FRU-CON CON

📍 SUMMIT & I-280, TOLEDO, OH 43604🏭 Construction (NAICS 237310)📅 2003-03-31
$475,750.00
Total Penalties
13
Citations
56/100
Risk Score
392
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, BILFINGER BERGER CIVIL, INC. (FORMERLY FRU-CON CON — a construction facility located at SUMMIT & I-280, TOLEDO, OH 43604 — was the subject of a formal OSHA inspection that resulted in 13 citation(s) and cumulative proposed penalties of $475,750.00. The inspection case was opened on 2003-03-31.

Cumulative penalties significantly exceed the national median for OSHA enforcement actions. The penalty amount suggests multiple high-gravity citations, indicating conditions that presented a substantial probability of death or serious physical harm to employees.

Industry Benchmark: The total penalty of $475,750.00 is more than 131.8× the national average of $3,609.14 for facilities in the Construction sector (NAICS 237310). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within OH, this facility's penalty places it at the 100th percentile among 91,405 inspected facilities. The statewide average penalty is $3,818.37.

Citation Analysis: The inspection produced 13 citations spanning 5 distinct OSHA regulatory standards. The citation breakdown includes: 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. 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. 3 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 4 unclassified — A technical violation that does not fit neatly into the standard classification categories.

Enforcement Timeline: Citations were issued beginning July 30, 2004 with the latest abatement deadline set for October 26, 2007. Of the 13 total citations, 10 (77%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The per-citation average of $36,596.15 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 2003 inspection of Bilfinger Berger Civil (formerly Fru-Con) represents a catastrophic

Citation Matrix — 13 Citations
29 CFR 1926.106(d)
Other-than-Serious
Penalty: $3,875.00Gravity: 03Issued: February 23, 2006Abated: Pending
29 CFR 1926.501(b)(01)
Fall Protection Scope & Applications (Construction)
Other-than-Serious
Penalty: $3,875.00Gravity: 03Issued: February 23, 2006Abated: Pending
29 CFR 1926.501(c)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $7,000.00Gravity: 03Issued: February 23, 2006Abated: Pending
29 CFR 1926.451(a)(06)
Scaffolding Safety Requirements
Serious
Penalty: $3,333.00Gravity: 10Issued: October 17, 2007Abated: ✓ Yes
29 CFR 1926.454(b)
Serious
Penalty: $3,333.00Gravity: 10Issued: October 17, 2007Abated: ✓ Yes
29 CFR 1926.451(f)(03)
Scaffolding Safety Requirements
Serious
Penalty: $58,334.00Gravity: 10Issued: October 17, 2007Abated: ✓ Yes
29 CFR 1926.451(f)(07)
Scaffolding Safety Requirements
Repeat
Penalty: $0.00Gravity: 10Issued: October 17, 2007Abated: ✓ Yes
29 CFR 1926.501(b)(01)
Fall Protection Scope & Applications (Construction)
Repeat
Penalty: $60,000.00Gravity: 10Issued: October 17, 2007Abated: ✓ Yes
29 CFR 1926.550(a)(01)
Unclassified
Penalty: $70,000.00Gravity: 10Issued: July 30, 2004Abated: ✓ Yes
29 CFR 1926.550(a)(01)
Unclassified
Penalty: $70,000.00Gravity: 10Issued: July 30, 2004Abated: ✓ Yes
29 CFR 1926.550(a)(01)
Unclassified
Penalty: $70,000.00Gravity: 10Issued: July 30, 2004Abated: ✓ Yes
29 CFR 1926.550(a)(01)
Unclassified
Penalty: $70,000.00Gravity: 10Issued: July 30, 2004Abated: ✓ Yes
29 CFR 1926.550(a)(05)
Repeat
Penalty: $56,000.00Gravity: 10Issued: April 7, 2005Abated: ✓ 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.
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