Tier 3 Elevated

ER PLUMBING AND CONSTRUCTION INC.

📍 3322 BAUMBERG AVE., HAYWARD, CA 94545🏭 Plumbing, Heating, and Air-Conditioning Contractors (NAICS 238220)📅 2022-10-17
$54,185.00
Total Penalties
8
Citations
29/100
Risk Score
428
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, ER PLUMBING AND CONSTRUCTION INC. — a plumbing, heating, and air-conditioning contractors facility located at 3322 BAUMBERG AVE., HAYWARD, CA 94545 — was the subject of a formal OSHA inspection that resulted in 8 citation(s) and cumulative proposed penalties of $54,185.00. The inspection case was opened on 2022-10-17.

Cumulative penalties significantly exceed the national median for OSHA enforcement actions. The penalty amount suggests multiple high-gravity citations, indicating conditions that presented a substantial probability of death or serious physical harm to employees.

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 $54,185.00 is more than 15.0× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238220). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within CA, this facility's penalty places it at the 100th percentile among 184,062 inspected facilities. The statewide average penalty is $3,010.44.

Citation Analysis: The inspection produced 8 citations spanning 1 distinct OSHA regulatory standards. The citation breakdown includes: 3 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm. 4 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 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order.

Enforcement Timeline: Citations were issued beginning March 30, 2023 with the latest abatement deadline set for May 5, 2023. Of the 8 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 $54,185.00 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 $6,773.13 falls within the standard penalty range.

The enforcement record for ER Plumbing and Construction Inc. reveals a catastrophic breakdown in fundamental excavation

Industry Benchmark (CA)

This facility's $54,185 penalty is higher than 99% of all penalized companies in the NAICS 238220 industry in CA. The state average penalty for this industry is $3,916.

$3,916
State Avg
$54,185
This Facility
Citation Matrix — 8 Citations
OSHA Std. 1509(E)
Other-than-Serious
Penalty: $325.00Gravity: 5Issued: March 30, 2023Abated: Pending
OSHA Std. 1512(B)
Other-than-Serious
Penalty: $325.00Gravity: 5Issued: March 30, 2023Abated: Pending
OSHA Std. 3276(E)(11)
Other-than-Serious
Penalty: $435.00Gravity: 10Issued: March 30, 2023Abated: Pending
OSHA Std. 1541(K)(1)
Serious
Penalty: $16,200.00Gravity: 10Issued: March 30, 2023Abated: Pending
29 CFR 1541.1(e)(01)
Serious
Penalty: $16,200.00Gravity: 10Issued: March 30, 2023Abated: Pending
29 CFR 1541.1(h)
Serious
Penalty: $9,450.00Gravity: 10Issued: March 30, 2023Abated: Pending
OSHA Std. 3203(A)(7)
Serious
Penalty: $9,450.00Gravity: 10Issued: March 30, 2023Abated: Pending
OSHA Std. 3395(H)(1)
Repeat
Penalty: $1,800.00Gravity: 10Issued: March 30, 2023Abated: Pending
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.
Local Competitor Benchmark

Comparing penalized facilities in HAYWARD, CA (Exact Industry)

ER PLUMBING AND CONSTRUCTION INC. (This Facility)
$54.2K
8 cit.
NORTHERN CALIFORNIA FIRE PROTECTION SERVICES
$35.3K
4 cit.
MARELICH MECHANICAL CO, INC
$4.8K
7 cit.
AQUA-DUCT PLUMBING
$2.3K
5 cit.
More CA Enforcement Records
LOCKHEED AERONAUTICAL SYSTEMS CO.
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$1.5M
490 cit.
CHEVRON U.S.A. INC.
RICHMOND, CA
$1.4M
145 cit.
TOTAL SAFETY U.S., INC.
BENICIA, CA
$988.0K
17 cit.
PARTER MEDICAL PRODUCTS, INC.
CARSON, CA
$838.8K
18 cit.
EXXONMOBIL REFINING AND SUPPLY COMPANY
TORRANCE, CA
$638.7K
22 cit.
Other Inspected Facilities in HAYWARD, CA
STONE ETC., INC.
$476.4K
18 cit.
OAKHURST INDUSTRIES, INC.
$100.2K
14 cit.
ANNABELLE CANDY CO., INC.
$63.4K
55 cit.
CNC NOODLE CORPORATION
$60.9K
13 cit.
HENKELS & MCCOY, INC
$58.3K
6 cit.
Related Guides & Tools
OSHA Fines & Penalties Guide →
How OSHA calculates penalties and maximum fine amounts.
After an OSHA Inspection →
Citations, appeals, and penalty negotiation steps.
Top 10 OSHA Violations →
The most frequently cited standards nationwide.
Construction Safety Data →
Industry-wide violation stats and rankings.

Explore more: OSHA enforcement in HAYWARD · California data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was ER PLUMBING AND CONSTRUCTION INC. cited for?

ER PLUMBING AND CONSTRUCTION INC. received 8 citation(s) covering 1 distinct OSHA standards. Total proposed penalties were $54,185.00. The inspection opened on 2022-10-17.

How much was ER PLUMBING AND CONSTRUCTION INC. fined by OSHA?

OSHA proposed penalties of $54,185.00 against ER PLUMBING AND CONSTRUCTION INC. in HAYWARD, CA. Average per citation: $6,773.13.

Is ER PLUMBING AND CONSTRUCTION INC. a safe workplace?

Based on enforcement records, ER PLUMBING AND CONSTRUCTION INC. has a risk score of 29 out of 100. Cumulative penalties significantly exceed the national median for OSHA enforcement actions. The penalty amount suggests multiple high-gravity citations, indicating conditions that presented a substantial probability of death or serious physical harm to employees.

How does this penalty compare to the industry average?

The average penalty for Plumbing, Heating, and Air-Conditioning Contractors facilities is $3,609.14. This facility penalty of $54,185.00 is above the industry average.