Tier 2 Severe

MALOY CONSTRUCTION, INC.

📍 MESCALERO INDIAN RESERVATION (HOSPITAL), MESCALERO, NM 88340🏭 Commercial and Institutional Building Construction (NAICS 236220)📅 2007-06-21
$82,600.00
Total Penalties
9
Citations
55/100
Risk Score
422
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, MALOY CONSTRUCTION, INC. — a commercial and institutional building construction facility located at MESCALERO INDIAN RESERVATION (HOSPITAL), MESCALERO, NM 88340 — was the subject of a formal OSHA inspection that resulted in 9 citation(s) and cumulative proposed penalties of $82,600.00. The inspection case was opened on 2007-06-21.

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 $82,600.00 is more than 22.9× the national average of $3,609.14 for facilities in the Construction sector (NAICS 236220). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within NM, this facility's penalty places it at the 100th percentile among 8,892 inspected facilities. The statewide average penalty is $1,937.30.

Citation Analysis: The inspection produced 9 citations spanning 1 distinct OSHA regulatory standards. The citation breakdown includes: 8 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 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.

Enforcement Timeline: Citations were issued beginning November 30, 2007 with the latest abatement deadline set for December 27, 2007. Of the 9 total citations, 9 (100%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The cumulative penalty of $82,600.00 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 $9,177.78 falls within the standard penalty range.

The enforcement record for Maloy Construction, Inc. reveals a catastrophic and systemic failure to adhere

Industry Benchmark (NM)

This facility's $82,600 penalty is higher than 99% of all penalized companies in the NAICS 236220 industry in NM. The state average penalty for this industry is $5,216.

$5,216
State Avg
$82,600
This Facility
Citation Matrix — 9 Citations
29 CFR 1926.1101(k)(03)
Serious
Penalty: $0.00Gravity: 10Issued: November 30, 2007Abated: ✓ Yes
29 CFR 1926.1101(d)(01)
Serious
Penalty: $4,900.00Gravity: 10Issued: November 30, 2007Abated: ✓ Yes
29 CFR 1926.1101(e)(01)
Serious
Penalty: $4,900.00Gravity: 10Issued: November 30, 2007Abated: ✓ Yes
29 CFR 1926.1101(f)(02)
Serious
Penalty: $4,900.00Gravity: 10Issued: November 30, 2007Abated: ✓ Yes
29 CFR 1926.1101(k)(03)
Serious
Penalty: $4,900.00Gravity: 10Issued: November 30, 2007Abated: ✓ Yes
29 CFR 1926.1101(d)(05)
Willful
Penalty: $56,000.00Gravity: 10Issued: November 30, 2007Abated: ✓ Yes
29 CFR 1926.1101(d)(01)
Serious
Penalty: $7,000.00Gravity: 10Issued: November 30, 2007Abated: ✓ Yes
29 CFR 1926.1101(e)(01)
Serious
Penalty: $0.00Gravity: 10Issued: November 30, 2007Abated: ✓ Yes
29 CFR 1926.1101(f)(02)
Serious
Penalty: $0.00Gravity: 10Issued: November 30, 2007Abated: ✓ Yes
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 MESCALERO, NM (Broader Sector)

MALOY CONSTRUCTION, INC. (This Facility)
$82.6K
9 cit.
DEERFIELD CORPORATION
$91.8K
24 cit.
WHITE SANDS CONSTRUCTION, INC.
$10.0K
1 cit.
GENERAL HYDRONICS CONCRETE, LLC
$6.0K
1 cit.
More NM Enforcement Records
CONSOLIDATED BUILDERS OF NM, LLC
ALBUQUERQUE, NM
$331.5K
13 cit.
ALIYAS FOODS USA INC
ALBUQUERQUE, NM
$219.0K
3 cit.
O'REILLY AUTOMOTIVE STORES, INC.
SANTA FE, NM
$217.1K
5 cit.
ROSWELL, CITY OF, WATER DEPARTMENT
ROSWELL, NM
$155.4K
5 cit.
SOUTHWEST STUCCO
LAS CRUCES, NM
$133.8K
7 cit.
Other Inspected Facilities in MESCALERO, NM
DEERFIELD CORPORATION
$91.8K
24 cit.
WHITE SANDS CONSTRUCTION, INC.
$10.0K
1 cit.
GENERAL HYDRONICS CONCRETE, LLC
$6.0K
1 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 MESCALERO · New Mexico data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was MALOY CONSTRUCTION, INC. cited for?

MALOY CONSTRUCTION, INC. received 9 citation(s) covering 1 distinct OSHA standards. Total proposed penalties were $82,600.00. The inspection opened on 2007-06-21.

How much was MALOY CONSTRUCTION, INC. fined by OSHA?

OSHA proposed penalties of $82,600.00 against MALOY CONSTRUCTION, INC. in MESCALERO, NM. Average per citation: $9,177.78.

Is MALOY CONSTRUCTION, INC. a safe workplace?

Based on enforcement records, MALOY CONSTRUCTION, INC. has a risk score of 55 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 Commercial and Institutional Building Construction facilities is $3,609.14. This facility penalty of $82,600.00 is above the industry average.