Tier 5 Standard

CAPOERA CONSTRUCTION LLC

📍 2101 RIO GRANDE, AUSTIN, TX 78705🏭 Drywall and Insulation Contractors (NAICS 238310)📅 2009-06-10
$36,400.00
Total Penalties
6
Citations
25/100
Risk Score
429
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, CAPOERA CONSTRUCTION LLC — a drywall and insulation contractors facility located at 2101 RIO GRANDE, AUSTIN, TX 78705 — was the subject of a formal OSHA inspection that resulted in 6 citation(s) and cumulative proposed penalties of $36,400.00. The inspection case was opened on 2009-06-10.

DOL records document workplace safety violations warranting formal citation under the OSH Act. While classified at the standard enforcement level, all OSHA citations require corrective action and may indicate areas where workplace safety programs should be strengthened.

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 $36,400.00 is more than 10.1× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238310). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within TX, this facility's penalty places it at the 99th percentile among 119,485 inspected facilities. The statewide average penalty is $3,783.80.

Citation Analysis: The inspection produced 6 citations spanning 4 distinct OSHA regulatory standards. The citation breakdown includes: 3 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 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 1 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm.

Enforcement Timeline: Citations were issued beginning December 3, 2009 with the latest abatement deadline set for December 17, 2009. Of the 6 total citations, 6 (100%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The cumulative penalty of $36,400.00 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 $6,066.67 falls within the standard penalty range.

The enforcement record for Capoera Construction LLC reveals a systemic collapse of safety management systems specifically regarding vertical access

Industry Benchmark (TX)

This facility's $36,400 penalty is higher than 99% of all penalized companies in the NAICS 238310 industry in TX. The state average penalty for this industry is $4,276.

$4,276
State Avg
$36,400
This Facility
Citation Matrix — 6 Citations
29 CFR 1926.20(b)(01)
Construction Safety Training & Education
Serious
Penalty: $2,800.00Gravity: 10Issued: December 3, 2009Abated: ✓ Yes
29 CFR 1926.451(f)(03)
Scaffolding Safety Requirements
Serious
Penalty: $2,800.00Gravity: 10Issued: December 3, 2009Abated: ✓ Yes
29 CFR 1926.454(b)
Serious
Penalty: $2,800.00Gravity: 10Issued: December 3, 2009Abated: ✓ Yes
29 CFR 1926.451(g)(01)
Scaffolding Safety Requirements
Repeat
Penalty: $14,000.00Gravity: 10Issued: December 3, 2009Abated: ✓ Yes
29 CFR 1926.454(a)
Repeat
Penalty: $14,000.00Gravity: 10Issued: December 3, 2009Abated: ✓ Yes
29 CFR 1904.40(a)
Other-than-Serious
Penalty: $0.00Gravity: 00Issued: December 3, 2009Abated: ✓ 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.
Local Competitor Benchmark

Comparing penalized facilities in AUSTIN, TX (Exact Industry)

CAPOERA CONSTRUCTION LLC (This Facility)
$36.4K
6 cit.
SAN ANTONIO LATH & PLASTER
$83.1K
18 cit.
CARLOS CRUZ
$23.5K
7 cit.
JOSE RAMIREZ DBA RB PLASTERING
$19.8K
16 cit.
More TX Enforcement Records
BP PRODUCTS NORTH AMERICA, INC.
TEXAS CITY, TX
$38.1M
1215 cit.
PHILLIPS 66 COMPANY,HOUSTON CHEMICAL COMPLEX
PASADENA, TX
$4.0M
612 cit.
ARCO CHEMICAL CO.
CHANNELVIEW, TX
$3.5M
367 cit.
PHILLIPS PETROLEUM CO.
PASADENA, TX
$2.2M
52 cit.
WYMAN-GORDON FORGINGS, LP
HOUSTON, TX
$1.9M
96 cit.
Other Inspected Facilities in AUSTIN, TX
MICHAEL ANGELO'S GOURMET FOODS, INC.
$354.3K
166 cit.
LIQUID ENVIRONMENTAL SOLUTIONS OF TEXAS, LLC.
$287.9K
4 cit.
CAVCO INDUSTRIES INC.
$212.1K
28 cit.
CIRCLE K STORES INC
$165.4K
10 cit.
D GUERRA CONSTRUCTION LLC
$140.0K
5 cit.
Related Guides & Tools
OSHA Fines & Penalties Guide →
How OSHA calculates penalties and maximum fine amounts.
After an OSHA Inspection →
Citations, appeals, and penalty negotiation steps.
Top 10 OSHA Violations →
The most frequently cited standards nationwide.
Construction Safety Data →
Industry-wide violation stats and rankings.

Explore more: OSHA enforcement in AUSTIN · Texas data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was CAPOERA CONSTRUCTION LLC cited for?

CAPOERA CONSTRUCTION LLC received 6 citation(s) covering 4 distinct OSHA standards. Total proposed penalties were $36,400.00. The inspection opened on 2009-06-10.

How much was CAPOERA CONSTRUCTION LLC fined by OSHA?

OSHA proposed penalties of $36,400.00 against CAPOERA CONSTRUCTION LLC in AUSTIN, TX. Average per citation: $6,066.67.

Is CAPOERA CONSTRUCTION LLC a safe workplace?

Based on enforcement records, CAPOERA CONSTRUCTION LLC has a risk score of 25 out of 100. DOL records document workplace safety violations warranting formal citation under the OSH Act. While classified at the standard enforcement level, all OSHA citations require corrective action and may indicate areas where workplace safety programs should be strengthened.

How does this penalty compare to the industry average?

The average penalty for Drywall and Insulation Contractors facilities is $3,609.14. This facility penalty of $36,400.00 is above the industry average.