D GUERRA CONSTRUCTION LLC

According to U.S. Department of Labor enforcement records, D GUERRA CONSTRUCTION LLC — a water and sewer line and related structures construction facility located at FM1327 TURNERSVILLE RD., AUSTIN, TX 78754 — was the subject of a formal OSHA inspection that resulted in 5 citation(s) and cumulative proposed penalties of $140,000.00. The inspection case was opened on 2021-10-25.

This facility represents one of the most severe enforcement actions in the OSHA SVEP database. Willful violations combined with penalties exceeding $100,000 indicate a pattern of deliberate non-compliance that poses an imminent danger to workers.

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 $140,000.00 is more than 38.8× 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 TX, this facility's penalty places it at the 100th percentile among 119,485 inspected facilities. The statewide average penalty is $3,783.80.

Citation Analysis: The inspection produced 5 citations spanning 4 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. 2 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 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 21, 2022 with the latest abatement deadline set for May 3, 2022. Of the 5 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 per-citation average of $28,000.00 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 D Guerra Construction LLC reveals a catastrophic failure in fundamental trenching and excavation safety protocols, characterized by high-gravity violations that indicate a reckless disregard for worker protection. The assessment of a Willful violation under 1926.652(a)(1), carrying a substantial $130,524 penalty, signifies that the employer knowingly bypassed requirements for protective systems in excavations. This specific standard is a "Life-Saving Rule" in the construction industry; its violation suggests that management was aware of the cave-in hazards inherent in Austin’s geological conditions yet permitted employees to work in unprotected trenches. The presence of a second Willful citation for failing to conduct daily inspections (1926.651(k)(1)) points toward a systemic collapse of onsite safety leadership rather than an isolated lapse. When an employer ignores the mandate for a "competent person" to inspect a site, they effectively eliminate the primary defense against structural instability and water accumulation hazards. The $140,000 total penalty is significantly higher than the industry average for NAICS 237110, reflecting OSHA’s intent to utilize maximum statutory increases for Willful conduct. This enforcement profile suggests a corporate culture where production speed likely superseded regulatory compliance, placing workers at imminent risk of engulfment—the leading cause of death in trenching operations. These citations collectively demonstrate a pervasive absence of a functional safety management system.