CLEVELAND BROTHERS CONSTRUCTION COMPANY LLC

According to U.S. Department of Labor enforcement records, CLEVELAND BROTHERS CONSTRUCTION COMPANY LLC — a site preparation contractors facility located at WAVERLY PARK SUBDIVISION, OPELIKA, AL 36801 — was the subject of a formal OSHA inspection that resulted in 3 citation(s) and cumulative proposed penalties of $52,000.00. The inspection case was opened on 2004-05-18.

Cumulative penalties significantly exceed the national median for OSHA enforcement actions. The penalty amount suggests multiple high-gravity citations, indicating conditions that presented a substantial probability of death or serious physical harm to employees.

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 $52,000.00 is more than 14.4× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238910). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within AL, this facility's penalty places it at the 99th percentile among 30,935 inspected facilities. The statewide average penalty is $3,893.70.

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 unclassified — A technical violation that does not fit neatly into the standard classification categories.

Enforcement Timeline: Citations were issued beginning November 12, 2004 with the latest abatement deadline set for December 9, 2004. Of the 3 total citations, 1 (33%) 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 $17,333.33 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 Cleveland Brothers Construction Company LLC reveals a catastrophic failure in trenching and excavation safety protocols, centered on a high-gravity "Willful" violation of 29 CFR 1926.652(a)(1). The assessment of a $49,000 penalty for this single standard—significantly higher than the industry average for NAICS 238910 (Site Preparation Contractors) during this period—underscores a deliberate disregard for mandatory protective systems. By failing to implement shoring, shielding, or sloping in an excavation, the employer exposed workers to immediate cave-in hazards, which are statistically the leading cause of fatalities in trenching operations. The interplay between the cited standards suggests a systemic collapse of the company’s safety management system rather than an isolated oversight. The citation under 1926.21(b)(2) confirms that the employer failed to instruct employees in the recognition and avoidance of unsafe conditions, while the violation of 1926.651(j)(2) indicates a failure to protect workers from loose rock or soil falling from the excavation face. Legally, the "Willful" designation suggests that management either knew the protective requirements were mandatory and chose to ignore them or acted with plain indifference to employee safety. This combination of inadequate training and the absence of physical structural protections points to a culture where production speed likely superseded fundamental life-safety compliance.