Tier 1 Critical

H E DAVIS CONST INC

📍 800 W 1200 N, OREM, UT 84058🏭 Industry Sector 00 (NAICS 000000)📅 1996-09-03
$189,000.00
Total Penalties
3
Citations
61/100
Risk Score
512
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, H E DAVIS CONST INC — a industry sector 00 facility located at 800 W 1200 N, OREM, UT 84058 — was the subject of a formal OSHA inspection that resulted in 3 citation(s) and cumulative proposed penalties of $189,000.00. The inspection case was opened on 1996-09-03.

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.

Industry Benchmark: The total penalty of $189,000.00 is more than 158.1× the national average of $1,195.75 for facilities in the Other sector (NAICS 000000). This sector encompasses 1,316,687 inspected facilities nationwide with aggregate penalties totaling $1,574.4M.

State Context: Within UT, this facility's penalty places it at the 100th percentile among 21,375 inspected facilities. The statewide average penalty is $1,557.94.

Citation Analysis: The inspection produced 3 citations spanning 2 distinct OSHA regulatory standards. The citation breakdown includes: 3 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 October 4, 1996 with the latest abatement deadline set for October 9, 1996. Of the 3 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 per-citation average of $63,000.00 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 record for H E Davis Const Inc reveals a catastrophic breakdown in trenching safety protocols, characterized by a trifecta of willful violations that represent the highest level of employer culpability under the OSH Act. By incurring willful citations for the lack of adequate egress, the failure to conduct competent person inspections, and the total absence of cave-in protection systems, the company demonstrated an intentional disregard for mandatory safety requirements or a plain indifference to worker protection. In practical terms, employees were subjected to "death trap" conditions where the risk of a trench collapse was high, and the ability to escape such a collapse was nonexistent. The legal significance of the willful classification is paramount, as it indicates that management was either aware of the hazardous conditions or the governing regulations and chose to proceed regardless. The imposition of $63,000 per violation—the maximum statutory limit at the time of the inspection—signals that OSHA viewed these infractions as egregious rather than technical oversights. This penalty structure is significantly higher than industry averages for excavation work, suggesting a systemic failure

Citation Matrix — 3 Citations
29 CFR 1926.651(c)(02)
Willful
Penalty: $63,000.00Gravity: nanIssued: October 4, 1996Abated: Pending
29 CFR 1926.651(k)(01)
Willful
Penalty: $63,000.00Gravity: nanIssued: October 4, 1996Abated: Pending
29 CFR 1926.652(a)(01)
Willful
Penalty: $63,000.00Gravity: nanIssued: October 4, 1996Abated: 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.
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