Tier 1 Critical

SOUTH DAKOTA WHEAT GROWERS ASSOCIATION

📍 109 ELEVATOR ROAD, MCLAUGHLIN, SD 57642🏭 Grain and Field Bean Merchant Wholesalers (NAICS 424510)📅 2009-12-23
$1,792,000.00
Total Penalties
43
Citations
85/100
Risk Score
409
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, SOUTH DAKOTA WHEAT GROWERS ASSOCIATION — a grain and field bean merchant wholesalers facility located at 109 ELEVATOR ROAD, MCLAUGHLIN, SD 57642 — was the subject of a formal OSHA inspection that resulted in 43 citation(s) and cumulative proposed penalties of $1,792,000.00. The inspection case was opened on 2009-12-23.

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.

BLS Injury Data: According to the Bureau of Labor Statistics (2022), this industry sector has an occupational injury rate of 2.6 per 100 full-time workers — near the national average of 2.7. The sector fatality rate is 4.4 per 100,000 workers.

Industry Benchmark: The total penalty of $1,792,000.00 is more than 345.6× the national average of $5,185.75 for facilities in the Wholesale sector (NAICS 424510). This sector encompasses 30,869 inspected facilities nationwide with aggregate penalties totaling $160.1M.

State Context: Within SD, this facility's penalty places it at the 100th percentile among 6,675 inspected facilities. The statewide average penalty is $2,764.62.

Citation Analysis: The inspection produced 43 citations spanning 1 distinct OSHA regulatory standards. The citation breakdown includes: 13 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. 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.

Enforcement Timeline: Citations were issued beginning May 27, 2010 with the latest abatement deadline set for April 30, 2012. Of the 43 total citations, 15 (35%) have been marked as abated in DOL records, which may indicate ongoing compliance gaps requiring further regulatory attention.

Penalty Assessment: The per-citation average of $41,674.42 exceeds OSHA's FY2024 statutory maximum of $16,131 for serious violations, indicating the presence of willful or repeat classifications that carry enhanced penalty authority under Section 17 of the OSH Act.

The 2009 inspection of the South Dakota Wheat Growers Association facility revealed a catastrophic breakdown in

Industry Benchmark (SD)

This facility's $1,792,000 penalty is higher than 99% of all penalized companies in the NAICS 424510 industry in SD. The state average penalty for this industry is $51,079.

$51,079
State Avg
$1,792,000
This Facility
Citation Matrix — 43 Citations
29 CFR 1910.272(e)(02)
Willful
Penalty: $0.00Gravity: 10Issued: April 30, 2012Abated: ✓ Yes
29 CFR 1910.272(e)(02)
Willful
Penalty: $0.00Gravity: 10Issued: April 30, 2012Abated: ✓ Yes
29 CFR 1910.272(e)(02)
Willful
Penalty: $0.00Gravity: 10Issued: April 30, 2012Abated: ✓ Yes
29 CFR 1910.272(e)(02)
Willful
Penalty: $0.00Gravity: 10Issued: April 30, 2012Abated: ✓ Yes
29 CFR 1910.272(g)(02)
Willful
Penalty: $66,500.00Gravity: 10Issued: April 30, 2012Abated: ✓ Yes
29 CFR 1910.272(g)(02)
Willful
Penalty: $0.00Gravity: 10Issued: April 30, 2012Abated: ✓ Yes
29 CFR 1910.272(g)(02)
Willful
Penalty: $0.00Gravity: 10Issued: April 30, 2012Abated: ✓ Yes
OSHA Std. 5A0001
Serious
Penalty: $7,000.00Gravity: 10Issued: May 27, 2010Abated: ✓ Yes
OSHA Std. 5A0001
Serious
Penalty: $7,000.00Gravity: 10Issued: May 27, 2010Abated: ✓ Yes
29 CFR 1910.272(e)(02)
Willful
Penalty: $70,000.00Gravity: 10Issued: May 27, 2010Abated: ✓ Yes
29 CFR 1910.272(e)(02)
Willful
Penalty: $70,000.00Gravity: 10Issued: May 27, 2010Abated: ✓ Yes
29 CFR 1910.272(e)(02)
Willful
Penalty: $70,000.00Gravity: 10Issued: May 27, 2010Abated: ✓ Yes
29 CFR 1910.272(e)(02)
Willful
Penalty: $70,000.00Gravity: 10Issued: May 27, 2010Abated: ✓ Yes
29 CFR 1910.272(e)(02)
Willful
Penalty: $70,000.00Gravity: 10Issued: May 27, 2010Abated: ✓ Yes
29 CFR 1910.272(e)(02)
Willful
Penalty: $70,000.00Gravity: 10Issued: May 27, 2010Abated: ✓ 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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Other Inspected Facilities in MCLAUGHLIN, SD
MOR-GRAN-SOU ELECTRIC COOPERATIVE, INC.
$3.8K
2 cit.
BEAR SOLDIER DEVELOPMENT
$1.0K
1 cit.
FARMERS CO OPERATIVE ASSOCIATI
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FARMERS COOPERATIVE ASSOCIATIO
$280
16 cit.
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Frequently Asked Questions
What OSHA violations was SOUTH DAKOTA WHEAT GROWERS ASSOCIATION cited for?

SOUTH DAKOTA WHEAT GROWERS ASSOCIATION received 43 citation(s) covering 1 distinct OSHA standards. Total proposed penalties were $1,792,000.00. The inspection opened on 2009-12-23.

How much was SOUTH DAKOTA WHEAT GROWERS ASSOCIATION fined by OSHA?

OSHA proposed penalties of $1,792,000.00 against SOUTH DAKOTA WHEAT GROWERS ASSOCIATION in MCLAUGHLIN, SD. Average per citation: $41,674.42.

Is SOUTH DAKOTA WHEAT GROWERS ASSOCIATION a safe workplace?

Based on enforcement records, SOUTH DAKOTA WHEAT GROWERS ASSOCIATION has a risk score of 85 out of 100. 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.

How does this penalty compare to the industry average?

The average penalty for Grain and Field Bean Merchant Wholesalers facilities is $5,185.75. This facility penalty of $1,792,000.00 is above the industry average.