CUMBERLAND FARMS

According to U.S. Department of Labor enforcement records, CUMBERLAND FARMS — a industry sector 00 facility located at 426 LOWELL AVENUE, HAVERHILL, MA 01830 — was the subject of a formal OSHA inspection that resulted in 10 citation(s) and cumulative proposed penalties of $43,500.00. The inspection case was opened on 1991-03-15.

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.

State Context: Within MA, this facility's penalty places it at the 99th percentile among 60,671 inspected facilities. The statewide average penalty is $2,824.83.

Citation Analysis: The inspection produced 10 citations spanning 7 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 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. 5 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 2 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 April 30, 1991 with the latest abatement deadline set for May 22, 1991. Of the 10 total citations, 10 (100%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The cumulative penalty of $43,500.00 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 $4,350.00 falls within the standard penalty range.

The enforcement record for this facility reveals a high-risk operational environment characterized by a flagrant disregard for excavation safety and a recurring failure to implement fundamental safety programs. The centerpiece of the citation package is the willful violation of 1926.652(a)(1), which indicates that management either possessed actual knowledge of the