BOWERS EXCAVATING LLC

According to U.S. Department of Labor enforcement records, BOWERS EXCAVATING LLC — a water and sewer line and related structures construction facility located at NEAR THE INTERSECTION OF OLD RED TRAIL AND EIGHTH AVENUE NW, MANDAN, ND 58554 — was the subject of a formal OSHA inspection that resulted in 5 citation(s) and cumulative proposed penalties of $43,553.00. The inspection case was opened on 2021-06-18.

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.

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 $43,553.00 is more than 12.1× the national average of $3,609.14 for facilities in the Construction sector (NAICS 237110). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within ND, this facility's penalty places it at the 99th percentile among 7,285 inspected facilities. The statewide average penalty is $2,884.40.

Citation Analysis: The inspection produced 5 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 1 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 2 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. 2 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 September 28, 2021 with the latest abatement deadline set for October 4, 2021. 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 $43,553.00 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 $8,710.60 falls within the standard penalty range.

The enforcement record for Bowers Excavating LLC reveals a profound systemic breakdown in trenching safety protocols, characterized by