Tier 1 Critical

DAKOTA UNDERGROUND, INC.

📍 EAST OF I-29, SOUTH OF 40TH AVE. S., WEST OF 25TH, FARGO, ND 58102🏭 Industry Sector 00📅 1994-08-18
$120,000.00
Total Penalties
7
Citations
62/100
Risk Score
361
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, DAKOTA UNDERGROUND, INC. — a industry sector 00 facility located at EAST OF I-29, SOUTH OF 40TH AVE. S., WEST OF 25TH, FARGO, ND 58102 — was the subject of a formal OSHA inspection that resulted in 7 citation(s) and cumulative proposed penalties of $120,000.00. The inspection case was opened on 1994-08-18.

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.

State Context: Within ND, this facility's penalty places it at the 100th percentile among 7,285 inspected facilities. The statewide average penalty is $2,884.40.

Citation Analysis: The inspection produced 7 citations spanning 2 distinct OSHA regulatory standards. The citation breakdown includes: 2 unclassified — A technical violation that does not fit neatly into the standard classification categories. 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 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 September 29, 1994 with the latest abatement deadline set for June 10, 1997. Of the 7 total citations, 7 (100%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The per-citation average of $17,142.86 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 profile for Dakota Underground, Inc. reveals a catastrophic breakdown in excavation safety protocols, characterized by a

Citation Matrix — 7 Citations
29 CFR 1926.651(j)(02)
Unclassified
Penalty: $20,000.00Gravity: 10Issued: September 29, 1994Abated: ✓ Yes
29 CFR 1926.652(a)(01)
Unclassified
Penalty: $0.00Gravity: 10Issued: September 29, 1994Abated: ✓ Yes
29 CFR 1926.651(e)
Serious
Penalty: $2,500.00Gravity: 10Issued: September 9, 1996Abated: ✓ Yes
29 CFR 1926.652(f)
Serious
Penalty: $5,000.00Gravity: 10Issued: September 9, 1996Abated: ✓ Yes
29 CFR 1926.651(k)(02)
Willful
Penalty: $70,000.00Gravity: 10Issued: September 9, 1996Abated: ✓ Yes
29 CFR 1926.652(a)(01)
Willful
Penalty: $20,000.00Gravity: 10Issued: September 9, 1996Abated: ✓ Yes
29 CFR 1926.652(b)(02)
Serious
Penalty: $2,500.00Gravity: 10Issued: September 9, 1996Abated: ✓ 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.
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Frequently Asked Questions
What OSHA violations was DAKOTA UNDERGROUND, INC. cited for?

DAKOTA UNDERGROUND, INC. received 7 citation(s) covering 2 distinct OSHA standards. Total proposed penalties were $120,000.00. The inspection opened on 1994-08-18.

How much was DAKOTA UNDERGROUND, INC. fined by OSHA?

OSHA proposed penalties of $120,000.00 against DAKOTA UNDERGROUND, INC. in FARGO, ND. Average per citation: $17,142.86.

Is DAKOTA UNDERGROUND, INC. a safe workplace?

Based on enforcement records, DAKOTA UNDERGROUND, INC. has a risk score of 62 out of 100. 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.

How does this penalty compare to the industry average?

The average penalty for Industry Sector 00 facilities is $1,195.75. This facility penalty of $120,000.00 is above the industry average.