Tier 1 Critical

POSEN CONSTRUCTION INC

📍 1947 DIXBORO RD, ANN ARBOR, MI 48105🏭 Construction (NAICS 237110)📅 2010-12-23
$137,740.00
Total Penalties
14
Citations
92/100
Risk Score
407
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, POSEN CONSTRUCTION INC — a construction facility located at 1947 DIXBORO RD, ANN ARBOR, MI 48105 — was the subject of a formal OSHA inspection that resulted in 14 citation(s) and cumulative proposed penalties of $137,740.00. The inspection case was opened on 2010-12-23.

This facility represents one of the most severe enforcement actions in the OSHA SVEP database. Willful violations combined with penalties exceeding $100,000 indicate a pattern of deliberate non-compliance that poses an imminent danger to workers.

Industry Benchmark: The total penalty of $137,740.00 is more than 38.2× 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 MI, this facility's penalty places it at the 100th percentile among 106,495 inspected facilities. The statewide average penalty is $1,470.95.

Citation Analysis: The inspection produced 14 citations spanning 11 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. 4 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 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 June 6, 2011 with the latest abatement deadline set for June 9, 2011. Of the 14 total citations, 8 (57%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The cumulative penalty of $137,740.00 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 $9,838.57 falls within the standard penalty range.

Posen Construction’s enforcement record reflects a profound breakdown in safety leadership, characterized by a high-gravity mix of willful and repeat violations that are uncommonly severe for the utility

Citation Matrix — 14 Citations
29 CFR 4084.1879
Serious
Penalty: $3,000.00Gravity: nanIssued: June 6, 2011Abated: Pending
29 CFR 4084.1884(06)
Serious
Penalty: $3,000.00Gravity: nanIssued: June 6, 2011Abated: Pending
29 CFR 4084.1873(01)
Serious
Penalty: $3,000.00Gravity: nanIssued: June 6, 2011Abated: Pending
29 CFR 4084.1931(01 c)
Serious
Penalty: $1,800.00Gravity: nanIssued: June 6, 2011Abated: ✓ Yes
29 CFR 4084.1932(06)
Serious
Penalty: $3,000.00Gravity: nanIssued: June 6, 2011Abated: Pending
29 CFR 4084.1873(01)
Serious
Penalty: $3,000.00Gravity: nanIssued: June 6, 2011Abated: ✓ Yes
29 CFR 4084.1879
Serious
Penalty: $0.00Gravity: nanIssued: June 6, 2011Abated: ✓ Yes
29 CFR 4084.1884(06)
Serious
Penalty: $0.00Gravity: nanIssued: June 6, 2011Abated: ✓ Yes
29 CFR 4084.114(01)
Repeat
Penalty: $7,000.00Gravity: nanIssued: June 6, 2011Abated: ✓ Yes
29 CFR 4084.121(02)
Willful
Penalty: $44,800.00Gravity: nanIssued: June 6, 2011Abated: ✓ Yes
29 CFR 4084.1875(02 c)
Willful
Penalty: $56,000.00Gravity: nanIssued: June 6, 2011Abated: Pending
29 CFR 4084.132(03)
Repeat
Penalty: $6,000.00Gravity: nanIssued: June 6, 2011Abated: Pending
29 CFR 4084.1113(01)
Repeat
Penalty: $2,940.00Gravity: nanIssued: June 6, 2011Abated: ✓ Yes
29 CFR 4084.1851(06)
Repeat
Penalty: $4,200.00Gravity: nanIssued: June 6, 2011Abated: ✓ 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.
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