MIDWEST EXCAVATING, LLC

According to U.S. Department of Labor enforcement records, MIDWEST EXCAVATING, LLC — a construction facility located at 735 EAST EL DORADO COURT, SIOUX FALLS, SD 57108 — was the subject of a formal OSHA inspection that resulted in 6 citation(s) and cumulative proposed penalties of $39,200.00. The inspection case was opened on 2019-04-29.

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.

Industry Benchmark: The total penalty of $39,200.00 is more than 10.9× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238910). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within SD, this facility's penalty places it at the 99th percentile among 6,675 inspected facilities. The statewide average penalty is $2,764.62.

Citation Analysis: The inspection produced 6 citations spanning 4 distinct OSHA regulatory standards. The citation breakdown includes: 4 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 30, 2019 with the latest abatement deadline set for August 23, 2019. Of the 6 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 cumulative penalty of $39,200.00 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 $6,533.33 falls within the standard penalty range.

The enforcement profile for Midwest Excavating, LLC reveals a catastrophic breakdown in fundamental trenching safety protocols, characterized by a blatant disregard for life