C&M BACKHOE EXCAVATION SERVICES, INCORPORATED

According to U.S. Department of Labor enforcement records, C&M BACKHOE EXCAVATION SERVICES, INCORPORATED — a water and sewer line and related structures construction facility located at GRANITE STREET, BRAINTREE, MA 02184 — was the subject of a formal OSHA inspection that resulted in 11 citation(s) and cumulative proposed penalties of $18,325.00. The inspection case was opened on 2004-06-22.

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 $18,325.00 is more than 5.1× 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 MA, this facility's penalty places it at the 98th percentile among 60,671 inspected facilities. The statewide average penalty is $2,824.83.

Citation Analysis: The inspection produced 11 citations spanning 5 distinct OSHA regulatory standards. The citation breakdown includes: 10 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 August 20, 2004 with the latest abatement deadline set for January 20, 2005. Of the 11 total citations, 11 (100%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The cumulative penalty of $18,325.00 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 $1,665.91 falls within the standard penalty range.

The enforcement record for C&M Backhoe Excavation Services reveals a pattern of high-gravity non-compliance centered on the catastrophic risks inherent to trenching and excavation. The presence of a Willful violation under 1926.652(a)(1) serves as the legal focal point of this inspection, signaling that the employer demonstrated either an intentional disregard for OSHA requirements or plain indifference to worker safety regarding cave-in protection. In practical terms, this indicates that employees were directed to work in unprotected trenches where a soil collapse would likely result in immediate crushing fatalities. The $14,000 penalty for this single item, significantly higher than the industry average for standard serious violations during this period, underscores the heightened liability associated with knowing endangerment. Beyond the primary trenching hazard, the citation cluster involving rigging equipment (1926.251), head protection (1926.100),