CAN BROTHERS CONSTRUCTION, INC

According to U.S. Department of Labor enforcement records, CAN BROTHERS CONSTRUCTION, INC — a other heavy and civil engineering construction facility located at 19 SANBORN RD, LONDONDERRY, NH 03038 — was the subject of a formal OSHA inspection that resulted in 7 citation(s) and cumulative proposed penalties of $70,000.00. The inspection case was opened on 2019-06-27.

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 $70,000.00 is more than 19.4× the national average of $3,609.14 for facilities in the Construction sector (NAICS 237990). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within NH, this facility's penalty places it at the 100th percentile among 12,674 inspected facilities. The statewide average penalty is $3,397.44.

Citation Analysis: The inspection produced 7 citations spanning 5 distinct OSHA regulatory standards. The citation breakdown includes: 5 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. 1 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 November 15, 2019 with the latest abatement deadline set for November 21, 2019. Of the 7 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 $70,000.00 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 $10,000.00 falls within the standard penalty range.

The enforcement profile for Can Brothers Construction, Inc. reveals a profound breakdown in fundamental excavation safety protocols, characterized by a high-gravity "Willful" violation of 1926.652(a)(1). By categorizing the lack of cave-in protection as willful, OSHA asserted that the employer demonstrated either an intentional disregard for the law or plain indifference to worker safety. This legal designation is significant; it elevates the incident beyond mere negligence, signaling that management was aware of the crushing hazards inherent in unprotected trenches yet failed to implement shoring or shielding. The $46,000 penalty for this single item—representing nearly 66% of the total fine—underscores the severity of the risk, as trench collapses are statistically among the most lethal accidents in the heavy and civil engineering construction sector. The citation pattern suggests systemic operational failure rather than isolated technical errors. The concurrent violations regarding water accumulation (1926.651(h)(1)), inadequate egress, and lack of head protection indicate a site-wide culture of non-compliance where multiple layers of the "Competent Person" requirement were ignored. Furthermore, the presence of a "Repeat" violation (1926.28(a)) for personal protective equipment demonstrates a failure of the firm’s internal safety audits to correct previously identified hazards. This combination of willful and repeat classifications reflects a high-risk liability profile, suggesting that the company’s safety management system lacked the necessary oversight to prevent catastrophic soil mechanics failures.