Tier 2 Severe

TITUS EXCAVATING, INC.

📍 709 CONCORD DRIVE, BISMARCK, ND 58504🏭 Construction (NAICS 237110)📅 2008-01-14
$86,000.00
Total Penalties
6
Citations
55/100
Risk Score
382
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, TITUS EXCAVATING, INC. — a construction facility located at 709 CONCORD DRIVE, BISMARCK, ND 58504 — was the subject of a formal OSHA inspection that resulted in 6 citation(s) and cumulative proposed penalties of $86,000.00. The inspection case was opened on 2008-01-14.

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.

Industry Benchmark: The total penalty of $86,000.00 is more than 23.8× the national average of $3,609.14 for facilities in the Construction sector (NAICS 237110). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

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 6 citations spanning 4 distinct OSHA regulatory standards. The citation breakdown includes: 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. 4 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 February 20, 2008 with the latest abatement deadline set for May 5, 2008. Of the 6 total citations, 6 (100%) have been marked as abated in DOL records, indicating substantial compliance with corrective action requirements.

Penalty Assessment: The cumulative penalty of $86,000.00 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 $14,333.33 falls within the standard penalty range.

The enforcement profile for Titus Excavating, Inc. reveals a catastrophic breakdown in trenching safety management,

Citation Matrix — 6 Citations
29 CFR 1926.100(a)
Fall Protection (Construction)
Serious
Penalty: $1,000.00Gravity: 10Issued: February 20, 2008Abated: ✓ Yes
29 CFR 1926.1053(b)(01)
Ladders (Construction)
Serious
Penalty: $1,000.00Gravity: 10Issued: February 20, 2008Abated: ✓ Yes
29 CFR 1926.651(k)(02)
Willful
Penalty: $28,000.00Gravity: 10Issued: February 20, 2008Abated: ✓ Yes
29 CFR 1926.652(a)(01)
Willful
Penalty: $28,000.00Gravity: 10Issued: February 20, 2008Abated: ✓ Yes
29 CFR 1926.651(k)(02)
Willful
Penalty: $28,000.00Gravity: 10Issued: May 5, 2008Abated: ✓ Yes
29 CFR 1926.652(a)(01)
Willful
Penalty: $0.00Gravity: 10Issued: May 5, 2008Abated: ✓ 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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