SWAIN CONSTRUCTION

According to U.S. Department of Labor enforcement records, SWAIN CONSTRUCTION — a all other specialty trade contractors facility located at 88TH AND MAPLE STREETS, OMAHA, NE 68111 — was the subject of a formal OSHA inspection that resulted in 17 citation(s) and cumulative proposed penalties of $60,000.00. The inspection case was opened on 2010-04-15.

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.

EPA Environmental Record: The EPA shows no current violations for this facility. regulated under: Clean Air Act. Source: EPA ECHO database.

Industry Benchmark: The total penalty of $60,000.00 is more than 16.6× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238990). 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 99th percentile among 12,745 inspected facilities. The statewide average penalty is $4,129.57.

Citation Analysis: The inspection produced 17 citations spanning 9 distinct OSHA regulatory standards. The citation breakdown includes: 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. 6 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm. 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. 1 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order.

Enforcement Timeline: Citations were issued beginning September 27, 2010 with the latest abatement deadline set for May 31, 2011. Of the 17 total citations, 14 (82%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The cumulative penalty of $60,000.00 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 $3,529.41 falls within the standard penalty range.

The enforcement record for Swain Construction reveals a profound breakdown in safety management systems, characterized by a transition from negligence to intentional non-compliance. The imposition of a $60,000 penalty—exceptionally high for a specialty trade contractor during this period—stems largely from the presence of both Willful and Repeat violations. The Repeat citation for 1926.20(b)(2) indicates that management failed to implement a sustained program for frequent and regular site inspections by a competent person, despite prior warnings. This administrative failure is compounded by the Willful designation under 1926.20(b)(4), signaling a deliberate disregard for ensuring that only qualified employees operate equipment. In practical