Tier 5 Standard

GUTIERREZ CONSTRUCTION, LLC.

📍 3903 S 210TH CIR, ELKHORN, NE 68022🏭 Framing Contractors (NAICS 238130)📅 2023-02-15
$19,423.00
Total Penalties
5
Citations
5/100
Risk Score
386
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, GUTIERREZ CONSTRUCTION, LLC. — a framing contractors facility located at 3903 S 210TH CIR, ELKHORN, NE 68022 — was the subject of a formal OSHA inspection that resulted in 5 citation(s) and cumulative proposed penalties of $19,423.00. The inspection case was opened on 2023-02-15.

DOL records document workplace safety violations warranting formal citation under the OSH Act. While classified at the standard enforcement level, all OSHA citations require corrective action and may indicate areas where workplace safety programs should be strengthened.

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 $19,423.00 is more than 5.4× 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 NE, this facility's penalty places it at the 97th percentile among 12,745 inspected facilities. The statewide average penalty is $4,129.57.

Citation Analysis: The inspection produced 5 citations spanning 4 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.

Enforcement Timeline: Citations were issued beginning April 7, 2023 with the latest abatement deadline set for May 3, 2023. Of the 5 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 $19,423.00 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 $3,884.60 falls within the standard penalty range.

The enforcement record for Gutierrez Construction, LLC reveals a concentrated failure to manage "Focus Four" hazards,

Industry Benchmark (NE)

This facility's $19,423 penalty is higher than 94% of all penalized companies in the NAICS 238130 industry in NE. The state average penalty for this industry is $7,645.

$7,645
State Avg
$19,423
This Facility
Citation Matrix — 5 Citations
29 CFR 1926.405(g)(02)
Serious
Penalty: $3,349.00Gravity: 5Issued: April 7, 2023Abated: Pending
29 CFR 1926.451(c)(02)
Scaffolding Safety Requirements
Serious
Penalty: $3,349.00Gravity: 5Issued: April 7, 2023Abated: Pending
29 CFR 1926.451(g)(01)
Scaffolding Safety Requirements
Serious
Penalty: $4,688.00Gravity: 10Issued: April 7, 2023Abated: Pending
29 CFR 1926.501(b)(13)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $4,688.00Gravity: 10Issued: April 7, 2023Abated: Pending
29 CFR 1926.1053(b)(01)
Ladders (Construction)
Serious
Penalty: $3,349.00Gravity: 5Issued: April 7, 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 ELKHORN, NE (Exact Industry)

GUTIERREZ CONSTRUCTION, LLC. (This Facility)
$19.4K
5 cit.
VARGAS CONSTRUCTION LLC
$24.7K
4 cit.
EGG CONSTRUCTION LLC
$21.1K
5 cit.
SANTIAGO CONSTRUCTION LLC
$18.7K
5 cit.
More NE Enforcement Records
MONFORT, INC.
GRAND ISLAND, NE
$585.1K
247 cit.
TYSON MEATS, INC.
DAKOTA CITY, NE
$532.0K
21 cit.
THE JAMES SKINNER LLC
OMAHA, NE
$486.6K
49 cit.
IBP, INC.
DAKOTA CITY, NE
$449.8K
48 cit.
DOLLAR TREE STORES, INC.
LA VISTA, NE
$378.0K
9 cit.
Other Inspected Facilities in ELKHORN, NE
EDWARD ROSE & SONS
$28.0K
8 cit.
JUAN C. CARDENAS
$25.6K
5 cit.
VARGAS CONSTRUCTION LLC
$24.7K
4 cit.
BILL-MAR, LLC
$23.7K
3 cit.
PREMIER UNDERGROUND, LLC
$21.5K
7 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 ELKHORN · Nebraska data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was GUTIERREZ CONSTRUCTION, LLC. cited for?

GUTIERREZ CONSTRUCTION, LLC. received 5 citation(s) covering 4 distinct OSHA standards. Total proposed penalties were $19,423.00. The inspection opened on 2023-02-15.

How much was GUTIERREZ CONSTRUCTION, LLC. fined by OSHA?

OSHA proposed penalties of $19,423.00 against GUTIERREZ CONSTRUCTION, LLC. in ELKHORN, NE. Average per citation: $3,884.60.

Is GUTIERREZ CONSTRUCTION, LLC. a safe workplace?

Based on enforcement records, GUTIERREZ CONSTRUCTION, LLC. has a risk score of 5 out of 100. DOL records document workplace safety violations warranting formal citation under the OSH Act. While classified at the standard enforcement level, all OSHA citations require corrective action and may indicate areas where workplace safety programs should be strengthened.

How does this penalty compare to the industry average?

The average penalty for Framing Contractors facilities is $3,609.14. This facility penalty of $19,423.00 is above the industry average.