HERRERA CONSTRUCTION

According to U.S. Department of Labor enforcement records, HERRERA CONSTRUCTION — a masonry contractors facility located at BOTANICAL PLACE CAHABA ROAD, BIRMINGHAM, AL 35205 — was the subject of a formal OSHA inspection that resulted in 16 citation(s) and cumulative proposed penalties of $34,050.00. The inspection case was opened on 2005-07-05.

The volume of citations issued during this inspection suggests systematic compliance deficiencies rather than isolated incidents. Facilities with 10 or more citations typically face comprehensive abatement requirements and may be subject to follow-up inspections.

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 $34,050.00 is more than 9.4× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238140). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within AL, this facility's penalty places it at the 99th percentile among 30,935 inspected facilities. The statewide average penalty is $3,893.70.

Citation Analysis: The inspection produced 16 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 9 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 6 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 May 17, 2004 with the latest abatement deadline set for December 14, 2005. Of the 16 total citations, 15 (94%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The cumulative penalty of $34,050.00 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 $2,128.13 falls within the standard penalty range.

The enforcement record for Herrera Construction reveals a systemic and chronic failure to manage basic scaffolding safety, characterized