MCLOUTH EXCAVATIONS, INC.

According to U.S. Department of Labor enforcement records, MCLOUTH EXCAVATIONS, INC. — a industry sector 00 facility located at 2300 HARPER, LAWRENCE, KS 66046 — was the subject of a formal OSHA inspection that resulted in 4 citation(s) and cumulative proposed penalties of $24,550.00. The inspection case was opened on 1996-05-30.

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.

State Context: Within KS, this facility's penalty places it at the 98th percentile among 19,826 inspected facilities. The statewide average penalty is $3,225.89.

Citation Analysis: The inspection produced 4 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 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. 2 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 July 2, 1996 with the latest abatement deadline set for June 30, 1997. Of the 4 total citations, 4 (100%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The cumulative penalty of $24,550.00 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 $6,137.50 falls within the standard penalty range.

The enforcement action against McLouth Excavations, Inc. reveals a catastrophic breakdown in trenching and excavation safety protocols, characterized by a blatant disregard for life-safety requirements. The presence of two "Willful" violations—specifically regarding 1926.651(h)(1) and 1926.651(k)(2)—indicates that management likely possessed actual knowledge of hazardous conditions, such as water accumulation or the absence of competent person inspections, yet allowed employees to enter the excavation regardless. In the context of OSHA litigation, these Willful designations signify a heightened level of culpability beyond mere negligence, demonstrating an intentional or indifferent departure from Subpart P standards. The penalty structure, totaling $24,550 for only four citations, is exceptionally high for the mid-1990s, reflecting the severe gravity of the hazards. The core of the failure lies in the combination of inadequate cave-in protection (1926.652(a)(1)) and the failure to address water hazards, which significantly increases the probability of a soil collapse. This pattern suggests a systemic failure of the company’s safety program rather than an isolated oversight. By bypassing the "competent person" requirement and failing to implement basic shoring or sloping, the employer exposed workers to high-probability engulfment risks, which are frequently fatal in this industry. This record serves as a definitive example of an employer prioritizing operational speed over the fundamental engineering controls required for subterranean work.