Tier 2 Severe

FCL CONSTRUCTION INC

📍 20 N SPRING STREET, CONCORD, NH 03301🏭 Roofing Contractors (NAICS 238160)📅 2016-04-28
$35,400.00
Total Penalties
9
Citations
46/100
Risk Score
422
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, FCL CONSTRUCTION INC — a roofing contractors facility located at 20 N SPRING STREET, CONCORD, NH 03301 — was the subject of a formal OSHA inspection that resulted in 9 citation(s) and cumulative proposed penalties of $35,400.00. The inspection case was opened on 2016-04-28.

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 $35,400.00 is more than 9.8× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238160). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within NH, this facility's penalty places it at the 99th percentile among 12,674 inspected facilities. The statewide average penalty is $3,397.44.

Citation Analysis: The inspection produced 9 citations spanning 7 distinct OSHA regulatory standards. The citation breakdown includes: 5 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 4 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 May 25, 2016 with the latest abatement deadline set for June 1, 2016. Of the 9 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 $35,400.00 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 $3,933.33 falls within the standard penalty range.

FCL Construction Inc.’s enforcement record reveals a disturbing pattern of non-compliance that prioritizes production speed

Industry Benchmark (NH)

This facility's $35,400 penalty is higher than 97% of all penalized companies in the NAICS 238160 industry in NH. The state average penalty for this industry is $8,026.

$8,026
State Avg
$35,400
This Facility
Citation Matrix — 9 Citations
29 CFR 1926.100(a)
Fall Protection (Construction)
Serious
Penalty: $2,000.00Gravity: 5Issued: May 25, 2016Abated: Pending
29 CFR 1926.451(e)(01)
Scaffolding Safety Requirements
Serious
Penalty: $2,800.00Gravity: 10Issued: May 25, 2016Abated: Pending
29 CFR 1926.452(k)(01)
Serious
Penalty: $2,000.00Gravity: 5Issued: May 25, 2016Abated: Pending
29 CFR 1926.1053(b)(01)
Ladders (Construction)
Serious
Penalty: $2,000.00Gravity: 5Issued: May 25, 2016Abated: Pending
29 CFR 1926.1053(b)(09)
Ladders (Construction)
Serious
Penalty: $1,600.00Gravity: 5Issued: May 25, 2016Abated: Pending
29 CFR 1926.102(a)(01)
Willful
Penalty: $11,000.00Gravity: 5Issued: May 25, 2016Abated: Pending
29 CFR 1926.451(g)(01)
Scaffolding Safety Requirements
Willful
Penalty: $14,000.00Gravity: 10Issued: May 25, 2016Abated: Pending
29 CFR 1926.501(b)(13)
Fall Protection Scope & Applications (Construction)
Willful
Penalty: $0.00Gravity: 10Issued: May 25, 2016Abated: Pending
29 CFR 1926.502(d)(15)
Fall Protection Systems Criteria
Willful
Penalty: $0.00Gravity: 10Issued: May 25, 2016Abated: 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 CONCORD, NH (Exact Industry)

FCL CONSTRUCTION INC (This Facility)
$35.4K
9 cit.
CA CONSTRUCTION INC.
$74.8K
7 cit.
JUAN MAINATO INC.
$64.7K
13 cit.
JOSE GUAMAN
$59.9K
5 cit.
More NH Enforcement Records
BLACK MAG LLC, DBA BMI & DBA BLACK MAG INDUSTRIES
COLEBROOK, NH
$1.2M
61 cit.
FRANKLIN NON-FERROUS FOUNDRY, INC.
FRANKLIN, NH
$523.5K
160 cit.
MANAFORT BROTHERS INC.
PORTSMOUTH, NH
$329.5K
10 cit.
LUIS GUALLPA
NASHUA, NH
$300.0K
6 cit.
TWIN PINES CONSTRUCTION INC.
DURHAM, NH
$290.7K
14 cit.
Other Inspected Facilities in CONCORD, NH
DEMOULAS SUPER MARKETS, INC
$150.0K
14 cit.
STOWE WOODWARD LLC
$100.0K
20 cit.
CA CONSTRUCTION INC.
$74.8K
7 cit.
JUAN MAINATO INC.
$64.7K
13 cit.
JOSE GUAMAN
$59.9K
5 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 CONCORD · New Hampshire data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was FCL CONSTRUCTION INC cited for?

FCL CONSTRUCTION INC received 9 citation(s) covering 7 distinct OSHA standards. Total proposed penalties were $35,400.00. The inspection opened on 2016-04-28.

How much was FCL CONSTRUCTION INC fined by OSHA?

OSHA proposed penalties of $35,400.00 against FCL CONSTRUCTION INC in CONCORD, NH. Average per citation: $3,933.33.

Is FCL CONSTRUCTION INC a safe workplace?

Based on enforcement records, FCL CONSTRUCTION INC has a risk score of 46 out of 100. 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.

How does this penalty compare to the industry average?

The average penalty for Roofing Contractors facilities is $3,609.14. This facility penalty of $35,400.00 is above the industry average.