DAKOTA UNDERGROUND

According to U.S. Department of Labor enforcement records, DAKOTA UNDERGROUND — a industry sector 00 facility located at EAST CENTURY AVENUE, BISMARCK, ND 58501 — was the subject of a formal OSHA inspection that resulted in 2 citation(s) and cumulative proposed penalties of $46,000.00. The inspection case was opened on 1998-05-19.

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 ND, this facility's penalty places it at the 99th percentile among 7,285 inspected facilities. The statewide average penalty is $2,884.40.

Citation Analysis: The inspection produced 2 citations spanning 2 distinct OSHA regulatory standards. The citation breakdown includes: 1 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 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.

Enforcement Timeline: Citations were issued beginning November 12, 1998 with the latest abatement deadline set for June 30, 1999. Of the 2 total citations, 1 (50%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The per-citation average of $23,000.00 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 action against Dakota Underground reveals a catastrophic breakdown in fundamental excavation safety protocols, characterized