Tier 2 Severe

BLACK DIAMOND PLUMBING AND MECHANICAL INC.

📍 604 E. VAN BUREN, MARENGO, IL 60152🏭 Construction (NAICS 238220)📅 2016-08-18
$79,200.00
Total Penalties
3
Citations
51/100
Risk Score
575
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, BLACK DIAMOND PLUMBING AND MECHANICAL INC. — a construction facility located at 604 E. VAN BUREN, MARENGO, IL 60152 — was the subject of a formal OSHA inspection that resulted in 3 citation(s) and cumulative proposed penalties of $79,200.00. The inspection case was opened on 2016-08-18.

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.

Industry Benchmark: The total penalty of $79,200.00 is more than 21.9× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238220). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within IL, this facility's penalty places it at the 100th percentile among 88,899 inspected facilities. The statewide average penalty is $3,496.90.

Citation Analysis: The inspection produced 3 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 2 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 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 February 13, 2017 with the latest abatement deadline set for March 7, 2017. Of the 3 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 per-citation average of $26,400.00 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 record for Black Diamond Plumbing and Mechanical Inc. reveals a critical, high-gravity collapse of safety management systems, specifically regarding trenching and excavation operations. The presence of a Willful violation of 1926.652(a)(1) is the most significant element of this inspection, signaling that management either acted with intentional disregard for OSHA requirements or demonstrated plain indifference to employee safety. By failing to provide adequate protective systems in an excavation, the employer exposed workers to catastrophic cave-in hazards, which are leading causes of fatalities in the NAICS 238220 sector. The gravity of these citations, particularly the maximum gravity rating of 10 for the trenching and safety training violations, indicates an immediate threat to life and limb. The concurrent Serious violations for lack of head protection and inadequate safety training (1926.21(b)(2)) suggest a systemic failure rather than an isolated lapse. This pattern demonstrates that employees were sent into high-risk environments without the fundamental knowledge or equipment necessary to recognize and avoid hazards. The total penalty of $79,200 is substantially higher than the industry average for small-to-mid-sized mechanical contractors, reflecting the legal severity of the Willful designation. This enforcement action serves as a definitive indicator of a broken safety culture where production speed or cost-saving measures likely took precedence over established life-safety engineering controls.

Citation Matrix — 3 Citations
29 CFR 1926.21(b)(02)
Safety Training & Education Programs
Serious
Penalty: $7,056.00Gravity: 10Issued: February 13, 2017Abated: Pending
29 CFR 1926.100(a)
Fall Protection (Construction)
Serious
Penalty: $4,000.00Gravity: 5Issued: February 13, 2017Abated: Pending
29 CFR 1926.652(a)(01)
Willful
Penalty: $68,144.00Gravity: 10Issued: February 13, 2017Abated: 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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