E P CONSTRUCTION, LLC

According to U.S. Department of Labor enforcement records, E P CONSTRUCTION, LLC — a framing contractors facility located at 2412 DUTTON CIRCLE SE, MANDAN, ND 58554 — was the subject of a formal OSHA inspection that resulted in 4 citation(s) and cumulative proposed penalties of $41,712.00. The inspection case was opened on 2024-01-02.

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.

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 $41,712.00 is more than 11.6× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238130). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

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 4 citations spanning 4 distinct OSHA regulatory standards. The citation breakdown includes: 1 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. 1 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 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 January 24, 2024 with the latest abatement deadline set for February 28, 2024. Of the 4 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 cumulative penalty of $41,712.00 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 $10,428.00 falls within the standard penalty range.

E P Construction, LLC’s inspection record reveals a disturbing pattern of non-compliance centered on fall protection, the leading cause of fatalities in the residential construction sector. The most critical finding is the Willful violation of 1926.501(b)(13), which indicates that management acted with either intentional disregard for or plain indifference to worker safety regarding residential fall protection systems. This designation elevates the legal stakes significantly, as it demonstrates that the employer was aware of the hazard—likely working at heights exceeding six feet without harnesses or guardrails—yet failed to act. The accompanying Repeat violation for training requirements (1926.503(a)(1)) confirms a systemic failure; the employer previously received citations for these exact issues but failed to implement a sustainable safety culture or effective remedial training. The penalty of $35,491 for the single Willful violation is substantially higher than industry averages for small-scale residential contractors, signaling OSHA’s intent to utilize maximum financial leverage to compel compliance. When coupled with the Serious scaffold violation (1926.451(c)(2)(v)), the data suggests a comprehensive breakdown in site supervision. These are not isolated technicalities but represent high-gravity hazards where a single misstep would likely result in permanent disability or death. For compliance professionals, this profile characterizes a "high-risk" employer where the absence of a functional safety management system creates an environment of imminent physical peril.