Tier 2 Severe

PREMIER UNDERGROUND, LLC

📍 20619 PINE ST, ELKHORN, NE 68022🏭 Site Preparation Contractors (NAICS 238910)📅 2017-12-12
$21,525.00
Total Penalties
7
Citations
42/100
Risk Score
607
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, PREMIER UNDERGROUND, LLC — a site preparation contractors facility located at 20619 PINE ST, ELKHORN, NE 68022 — was the subject of a formal OSHA inspection that resulted in 7 citation(s) and cumulative proposed penalties of $21,525.00. The inspection case was opened on 2017-12-12.

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 $21,525.00 is more than 6.0× 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 NE, this facility's penalty places it at the 97th percentile among 12,745 inspected facilities. The statewide average penalty is $4,129.57.

Citation Analysis: The inspection produced 7 citations spanning 4 distinct OSHA regulatory standards. The citation breakdown includes: 6 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 April 17, 2018 with the latest abatement deadline set for May 7, 2019. Of the 7 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 $21,525.00 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 $3,075.00 falls within the standard penalty range.

Premier Underground, LLC’s enforcement record reveals a profound breakdown in trenching and excavation safety protocols, characterized by a high-gravity Willful violation of 1926.652(a)(1). The presence of a Willful designation is the most significant legal element here, indicating that the employer either acted with intentional disregard for OSHA requirements or demonstrated plain indifference to employee safety regarding cave-in protection. This goes beyond mere negligence; it suggests a conscious management decision to bypass essential shoring or sloping requirements in hazardous excavations. The clustering of Serious violations under the 1926.651 and 1926.652 standards underscores a systemic failure to manage the "Fatal Four" hazards inherent in site preparation. Specifically, the citations for inadequate means of egress, lack of protection from falling loads, and the failure of a competent person to conduct daily inspections (1926.651(k)(1)) point to a workplace where basic site supervision was nonexistent. While the total penalty of $21,525 may appear moderate for some sectors, the heavy weighting toward a single Willful citation for a NAICS 238910 firm indicates that OSHA identified a high probability of death or serious physical harm. These patterns demonstrate that the facility lacked a functional safety culture, treating trenching operations as high-speed production tasks rather than high-risk engineering environments requiring constant oversight.

Industry Benchmark (NE)

This facility's $21,525 penalty is higher than 89% of all penalized companies in the NAICS 238910 industry in NE. The state average penalty for this industry is $12,105.

$12,105
State Avg
$21,525
This Facility
Citation Matrix — 7 Citations
29 CFR 1926.21(b)(02)
Safety Training & Education Programs
Serious
Penalty: $1,940.00Gravity: 10Issued: April 17, 2018Abated: Pending
29 CFR 1926.100(a)
Fall Protection (Construction)
Serious
Penalty: $831.50Gravity: 1Issued: April 17, 2018Abated: Pending
29 CFR 1926.651(c)(02)
Serious
Penalty: $1,940.00Gravity: 10Issued: April 17, 2018Abated: Pending
29 CFR 1926.651(j)(02)
Serious
Penalty: $1,940.00Gravity: 10Issued: April 17, 2018Abated: Pending
29 CFR 1926.651(k)(01)
Serious
Penalty: $0.00Gravity: 10Issued: April 17, 2018Abated: Pending
29 CFR 1926.652(c)(03)
Serious
Penalty: $1,940.00Gravity: 10Issued: April 17, 2018Abated: Pending
29 CFR 1926.652(a)(01)
Willful
Penalty: $12,933.50Gravity: 10Issued: April 17, 2018Abated: Pending
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 ELKHORN, NE (Broader Sector)

PREMIER UNDERGROUND, LLC (This Facility)
$21.5K
7 cit.
JUAN C. CARDENAS
$25.6K
5 cit.
VARGAS CONSTRUCTION LLC
$24.7K
4 cit.
BILL-MAR, LLC
$23.7K
3 cit.
More NE Enforcement Records
MONFORT, INC.
GRAND ISLAND, NE
$585.1K
247 cit.
TYSON MEATS, INC.
DAKOTA CITY, NE
$532.0K
21 cit.
THE JAMES SKINNER LLC
OMAHA, NE
$486.6K
49 cit.
IBP, INC.
DAKOTA CITY, NE
$449.8K
48 cit.
DOLLAR TREE STORES, INC.
LA VISTA, NE
$378.0K
9 cit.
Other Inspected Facilities in ELKHORN, NE
EDWARD ROSE & SONS
$28.0K
8 cit.
JUAN C. CARDENAS
$25.6K
5 cit.
VARGAS CONSTRUCTION LLC
$24.7K
4 cit.
BILL-MAR, LLC
$23.7K
3 cit.
SMART ROOF CONTRACTING, LLC
$21.4K
4 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 ELKHORN · Nebraska data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was PREMIER UNDERGROUND, LLC cited for?

PREMIER UNDERGROUND, LLC received 7 citation(s) covering 4 distinct OSHA standards. Total proposed penalties were $21,525.00. The inspection opened on 2017-12-12.

How much was PREMIER UNDERGROUND, LLC fined by OSHA?

OSHA proposed penalties of $21,525.00 against PREMIER UNDERGROUND, LLC in ELKHORN, NE. Average per citation: $3,075.00.

Is PREMIER UNDERGROUND, LLC a safe workplace?

Based on enforcement records, PREMIER UNDERGROUND, LLC has a risk score of 42 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 Site Preparation Contractors facilities is $3,609.14. This facility penalty of $21,525.00 is above the industry average.