KINNEY'S COMMERCIAL, INC.

According to U.S. Department of Labor enforcement records, KINNEY'S COMMERCIAL, INC. — a water and sewer line and related structures construction facility located at 120 WEST SLAUGHTER LANE, AUSTIN, TX 78748 — was the subject of a formal OSHA inspection that resulted in 12 citation(s) and cumulative proposed penalties of $24,750.00. The inspection case was opened on 2011-05-31.

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 $24,750.00 is more than 6.9× the national average of $3,609.14 for facilities in the Construction sector (NAICS 237110). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within TX, this facility's penalty places it at the 98th percentile among 119,485 inspected facilities. The statewide average penalty is $3,783.80.

Citation Analysis: The inspection produced 12 citations spanning 5 distinct OSHA regulatory standards. The citation breakdown includes: 9 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm. 1 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. 2 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 September 17, 2010 with the latest abatement deadline set for September 27, 2010. Of the 12 total citations, 5 (42%) have been marked as abated in DOL records, which may indicate ongoing compliance gaps requiring further regulatory attention.

Penalty Assessment: The cumulative penalty of $24,750.00 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 $2,062.50 falls within the standard penalty range.

The enforcement profile for Kinney’s Commercial, Inc. reveals a catastrophic breakdown in excavation safety management, punctuated