Tier 2 Severe

TITUS EXCAVATING, INC.

📍 709 CONCORD DRIVE, BISMARCK, ND 58504🏭 Water and Sewer Line and Related Structures Construction (NAICS 237110)📅 2008-01-14
$86,000.00
Total Penalties
6
Citations
55/100
Risk Score
423
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, TITUS EXCAVATING, INC. — a water and sewer line and related structures 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.

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.

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,

Industry Benchmark (ND)

This facility's $86,000 penalty is higher than 99% of all penalized companies in the NAICS 237110 industry in ND. The state average penalty for this industry is $18,904.

$18,904
State Avg
$86,000
This Facility
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.
Local Competitor Benchmark

Comparing penalized facilities in BISMARCK, ND (Exact Industry)

TITUS EXCAVATING, INC. (This Facility)
$86.0K
6 cit.
NORTH COUNTRY CONTRACTING, LLC
$15.0K
3 cit.
DIRT DYNAMICS, LLC
$15.0K
6 cit.
COFELL'S PLUMBING AND HEATING
$15.0K
3 cit.
More ND Enforcement Records
WAGNER CONSTRUCTION INC
MINOT, ND
$1.9M
17 cit.
DOLLAR GENERAL CORPORATION/ DG RETAIL, LLC
KILLDEER, ND
$280.3K
5 cit.
KAMPHUIS PIPELINE CO.
DAWSON, ND
$267.1K
7 cit.
KLX ENERGY SERVICES, LLC
GRASSY BUTTE, ND
$250.0K
11 cit.
RED RIVER COMMODITIES, INC.
FARGO, ND
$225.0K
14 cit.
Other Inspected Facilities in BISMARCK, ND
HUBBARD FEEDS, INC.
$116.1K
9 cit.
BIG AL'S GENERAL CONTRACTING LLC
$94.9K
5 cit.
BILIN CONSTRUCTION LLC
$58.4K
3 cit.
DAKOTA UNDERGROUND
$46.0K
2 cit.
J&E HERNANDEZ CONSTRUCTION
$40.0K
1 cit.
Related Guides & Tools
OSHA Fines & Penalties Guide →
How OSHA calculates penalties and maximum fine amounts.
After an OSHA Inspection →
Citations, appeals, and penalty negotiation steps.
Top 10 OSHA Violations →
The most frequently cited standards nationwide.
Construction Safety Data →
Industry-wide violation stats and rankings.

Explore more: OSHA enforcement in BISMARCK · North Dakota data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was TITUS EXCAVATING, INC. cited for?

TITUS EXCAVATING, INC. received 6 citation(s) covering 4 distinct OSHA standards. Total proposed penalties were $86,000.00. The inspection opened on 2008-01-14.

How much was TITUS EXCAVATING, INC. fined by OSHA?

OSHA proposed penalties of $86,000.00 against TITUS EXCAVATING, INC. in BISMARCK, ND. Average per citation: $14,333.33.

Is TITUS EXCAVATING, INC. a safe workplace?

Based on enforcement records, TITUS EXCAVATING, INC. has a risk score of 55 out of 100. 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.

How does this penalty compare to the industry average?

The average penalty for Water and Sewer Line and Related Structures Construction facilities is $3,609.14. This facility penalty of $86,000.00 is above the industry average.