Tier 1 Critical

SUNOPTA GRAINS AND FOODS INC.

📍 410 SOUTH RAILROAD AVENUE, GRACE CITY, ND 58445🏭 Farm Product Warehousing and Storage (NAICS 493130)📅 2021-11-17
$120,000.00
Total Penalties
20
Citations
79/100
Risk Score
622
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, SUNOPTA GRAINS AND FOODS INC. — a farm product warehousing and storage facility located at 410 SOUTH RAILROAD AVENUE, GRACE CITY, ND 58445 — was the subject of a formal OSHA inspection that resulted in 20 citation(s) and cumulative proposed penalties of $120,000.00. The inspection case was opened on 2021-11-17.

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 4.6 per 100 full-time workers — 70% above the national average of 2.7. The sector fatality rate is 14.0 per 100,000 workers.

Industry Benchmark: The total penalty of $120,000.00 is more than 21.6× the national average of $5,543.54 for facilities in the Transportation sector (NAICS 493130). This sector encompasses 12,040 inspected facilities nationwide with aggregate penalties totaling $66.7M.

State Context: Within ND, this facility's penalty places it at the 100th percentile among 7,285 inspected facilities. The statewide average penalty is $2,884.40.

Citation Analysis: The inspection produced 20 citations spanning 8 distinct OSHA regulatory standards. The citation breakdown includes: 5 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm. 9 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 18, 2022 with the latest abatement deadline set for May 12, 2022. Of the 20 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 $120,000.00 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 $6,000.00 falls within the standard penalty range.

The enforcement record for SunOpta Grains and Foods Inc. reveals a profound breakdown in high-hazard process safety management, specifically concerning grain handling and confined space entry. The citation of 1910.272 (Grain Handling Facilities) alongside 1910.146 (Permit-Required Confined Spaces) points to a systemic failure to protect workers from engulfment and atmospheric hazards—the leading causes of mortality in the industry. The presence of a "Willful" violation regarding bin entry procedures (1910.272(g)(1)(ii)) is particularly significant; it demonstrates that management either acted with intentional disregard for OSHA requirements or showed plain indifference to employee safety. This legal classification elevates the facility’s risk profile, as it indicates that known hazards were left unmitigated. The $120,000 penalty is substantially higher than the industry average for NAICS 493130, reflecting the high gravity assigned to multiple violations involving fall protection (1910.28) and manlifts (1910.68). The pattern of citations suggests that the facility lacked a cohesive safety culture, as failures spanned from basic housekeeping and egress maintenance to complex technical requirements for testing hazardous atmospheres. This was not an isolated lapse but a comprehensive failure of the safety management system, where the lack of oversight in grain bin entry protocols created a high-probability environment for a catastrophic or fatal event.

Industry Benchmark (ND)

This facility's $120,000 penalty is higher than 94% of all penalized companies in the NAICS 493130 industry in ND. The state average penalty for this industry is $24,253.

$24,253
State Avg
$120,000
This Facility
Citation Matrix — 20 Citations
29 CFR 1910.22(c)
Walking-Working Surfaces — General
Other-than-Serious
Penalty: $10,360.00Gravity: 5Issued: April 18, 2022Abated: Pending
29 CFR 1910.22(d)(01)
Walking-Working Surfaces — General
Serious
Penalty: $0.00Gravity: 5Issued: April 18, 2022Abated: Pending
29 CFR 1910.28(b)(01)
Duty to Have Fall Protection
Serious
Penalty: $0.00Gravity: 5Issued: April 18, 2022Abated: Pending
29 CFR 1910.29(b)(02)
Other-than-Serious
Penalty: $0.00Gravity: 5Issued: April 18, 2022Abated: Pending
29 CFR 1910.28(b)(15)
Duty to Have Fall Protection
Serious
Penalty: $14,502.00Gravity: 10Issued: April 18, 2022Abated: Pending
29 CFR 1910.36(b)(01)
Other-than-Serious
Penalty: $10,360.00Gravity: 5Issued: April 18, 2022Abated: Pending
29 CFR 1910.272(o)(01)
Serious
Penalty: $0.00Gravity: 5Issued: April 18, 2022Abated: Pending
29 CFR 1910.68(e)(01)
Serious
Penalty: $14,502.00Gravity: 10Issued: April 18, 2022Abated: Pending
29 CFR 1910.146(d)(05)
Permit-Required Confined Spaces
Serious
Penalty: $14,502.00Gravity: 10Issued: April 18, 2022Abated: Pending
29 CFR 1910.146(d)(06)
Permit-Required Confined Spaces
Other-than-Serious
Penalty: $0.00Gravity: 10Issued: April 18, 2022Abated: Pending
29 CFR 1910.146(e)(01)
Permit-Required Confined Spaces
Other-than-Serious
Penalty: $0.00Gravity: 10Issued: April 18, 2022Abated: Pending
29 CFR 1910.219(d)(01)
Mechanical Power Transmission
Serious
Penalty: $6,215.00Gravity: 1Issued: April 18, 2022Abated: Pending
29 CFR 1910.272(g)(01)
Serious
Penalty: $47,233.00Gravity: 10Issued: April 18, 2022Abated: Pending
29 CFR 1910.272(g)(01)
Willful
Penalty: $0.00Gravity: 10Issued: April 18, 2022Abated: Pending
29 CFR 1910.272(g)(01)
Serious
Penalty: $0.00Gravity: 10Issued: April 18, 2022Abated: 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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Frequently Asked Questions
What OSHA violations was SUNOPTA GRAINS AND FOODS INC. cited for?

SUNOPTA GRAINS AND FOODS INC. received 20 citation(s) covering 8 distinct OSHA standards. Total proposed penalties were $120,000.00. The inspection opened on 2021-11-17.

How much was SUNOPTA GRAINS AND FOODS INC. fined by OSHA?

OSHA proposed penalties of $120,000.00 against SUNOPTA GRAINS AND FOODS INC. in GRACE CITY, ND. Average per citation: $6,000.00.

Is SUNOPTA GRAINS AND FOODS INC. a safe workplace?

Based on enforcement records, SUNOPTA GRAINS AND FOODS INC. has a risk score of 79 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 Farm Product Warehousing and Storage facilities is $5,543.54. This facility penalty of $120,000.00 is above the industry average.