Tier 1 Critical

ROBERTO'S STEEL ERECTORS, INC.

📍 MANCHESTER STREET, MERRIMACK, NH 03054🏭 Construction (NAICS 238120)📅 2004-02-13
$194,700.00
Total Penalties
19
Citations
94/100
Risk Score
506
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, ROBERTO'S STEEL ERECTORS, INC. — a construction facility located at MANCHESTER STREET, MERRIMACK, NH 03054 — was the subject of a formal OSHA inspection that resulted in 19 citation(s) and cumulative proposed penalties of $194,700.00. The inspection case was opened on 2004-02-13.

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 $194,700.00 is more than 53.9× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238120). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within NH, this facility's penalty places it at the 100th percentile among 12,674 inspected facilities. The statewide average penalty is $3,397.44.

Citation Analysis: The inspection produced 19 citations spanning 5 distinct OSHA regulatory standards. The citation breakdown includes: 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. 5 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 1 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm. 7 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition.

Enforcement Timeline: Citations were issued beginning August 2, 2004 with the latest abatement deadline set for September 7, 2004. Of the 19 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 $194,700.00 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 $10,247.37 falls within the standard penalty range.

The enforcement profile for Roberto’s Steel Erectors, Inc. reveals a catastrophic breakdown in safety management, characterized by a blatant disregard for Subpart R steel erection standards. The assessment of $194,700 in penalties—a figure far exceeding industry averages for mid-sized structural contractors—reflects the extreme gravity of the hazards identified. Most significant are the multiple willful violations of 1926.760(a)(1). Legally, these willful designations signify that management either possessed actual knowledge of the fall hazards or demonstrated plain indifference to worker safety, a high evidentiary bar that exposes the firm to heightened liability and potential criminal referral in the event of a fatality.

Citation Matrix — 19 Citations
29 CFR 1926.760(a)(01)
Willful
Penalty: $35,000.00Gravity: 10Issued: August 5, 2004Abated: Pending
29 CFR 1926.760(a)(01)
Willful
Penalty: $35,000.00Gravity: 10Issued: August 5, 2004Abated: Pending
29 CFR 1926.757(a)(01)
Repeat
Penalty: $3,000.00Gravity: 03Issued: August 5, 2004Abated: Pending
29 CFR 1926.757(a)(01)
Repeat
Penalty: $3,000.00Gravity: 03Issued: August 5, 2004Abated: Pending
29 CFR 1926.757(a)(09)
Repeat
Penalty: $200.00Gravity: 01Issued: August 5, 2004Abated: Pending
29 CFR 1926.757(b)(03)
Repeat
Penalty: $3,000.00Gravity: 03Issued: August 5, 2004Abated: Pending
29 CFR 1926.760(a)(01)
Repeat
Penalty: $6,000.00Gravity: 10Issued: August 5, 2004Abated: Pending
29 CFR 1926.757(a)(01)
Other-than-Serious
Penalty: $0.00Gravity: 01Issued: August 5, 2004Abated: Pending
OSHA Std. 5A0001
Serious
Penalty: $3,000.00Gravity: 10Issued: August 5, 2004Abated: Pending
29 CFR 1926.102(a)(01)
Serious
Penalty: $1,500.00Gravity: 03Issued: August 5, 2004Abated: Pending
29 CFR 1926.754(e)(03)
Serious
Penalty: $0.00Gravity: 03Issued: August 5, 2004Abated: Pending
29 CFR 1926.757(a)(06)
Serious
Penalty: $1,500.00Gravity: 03Issued: August 5, 2004Abated: Pending
29 CFR 1926.757(e)(05)
Serious
Penalty: $1,500.00Gravity: 03Issued: August 5, 2004Abated: Pending
29 CFR 1926.759(a)
Serious
Penalty: $1,500.00Gravity: 03Issued: August 5, 2004Abated: Pending
29 CFR 1926.760(a)(02)
Serious
Penalty: $1,500.00Gravity: 03Issued: August 2, 2004Abated: 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.
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