Tier 2 Severe

VARGAS CONSTRUCTION LLC

📍 21010 JOSEPH STREET, ELKHORN, NE 68022🏭 Framing Contractors (NAICS 238130)📅 2022-10-04
$24,700.00
Total Penalties
4
Citations
56/100
Risk Score
465
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, VARGAS CONSTRUCTION LLC — a framing contractors facility located at 21010 JOSEPH STREET, ELKHORN, NE 68022 — was the subject of a formal OSHA inspection that resulted in 4 citation(s) and cumulative proposed penalties of $24,700.00. The inspection case was opened on 2022-10-04.

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 $24,700.00 is more than 6.8× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238130). 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 98th percentile among 12,745 inspected facilities. The statewide average penalty is $4,129.57.

Citation Analysis: The inspection produced 4 citations spanning 4 distinct OSHA regulatory standards. The citation breakdown includes: 1 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 1 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. 1 other-than-serious — The violation has a direct relationship to job safety and health but is unlikely to cause death or serious physical harm.

Enforcement Timeline: Citations were issued beginning December 12, 2022 with the latest abatement deadline set for January 9, 2023. Of the 4 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 $24,700.00 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 $6,175.00 falls within the standard penalty range.

The enforcement record for Vargas Construction LLC reveals a systemic breakdown in fundamental life-safety protocols, most notably regarding

Industry Benchmark (NE)

This facility's $24,700 penalty is higher than 96% of all penalized companies in the NAICS 238130 industry in NE. The state average penalty for this industry is $7,645.

$7,645
State Avg
$24,700
This Facility
Citation Matrix — 4 Citations
29 CFR 1926.416(e)(01)
Electrical Safety (Construction)
Repeat
Penalty: $2,662.17Gravity: 1Issued: December 12, 2022Abated: Pending
29 CFR 1926.1053(b)(13)
Ladders (Construction)
Serious
Penalty: $1,331.08Gravity: 1Issued: December 12, 2022Abated: Pending
29 CFR 1926.501(b)(13)
Fall Protection Scope & Applications (Construction)
Willful
Penalty: $20,706.75Gravity: 10Issued: December 12, 2022Abated: Pending
29 CFR 1926.503(b)(01)
Fall Protection Training
Other-than-Serious
Penalty: $0.00Gravity: nanIssued: December 12, 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.
Local Competitor Benchmark

Comparing penalized facilities in ELKHORN, NE (Exact Industry)

VARGAS CONSTRUCTION LLC (This Facility)
$24.7K
4 cit.
EGG CONSTRUCTION LLC
$21.1K
5 cit.
GUTIERREZ CONSTRUCTION, LLC.
$19.4K
5 cit.
SANTIAGO CONSTRUCTION LLC
$18.7K
5 cit.
More NE Enforcement Records
MONFORT, INC.
GRAND ISLAND, NE
$585.1K
247 cit.
TYSON MEATS, INC.
DAKOTA CITY, NE
$532.0K
21 cit.
THE JAMES SKINNER LLC
OMAHA, NE
$486.6K
49 cit.
IBP, INC.
DAKOTA CITY, NE
$449.8K
48 cit.
DOLLAR TREE STORES, INC.
LA VISTA, NE
$378.0K
9 cit.
Other Inspected Facilities in ELKHORN, NE
EDWARD ROSE & SONS
$28.0K
8 cit.
JUAN C. CARDENAS
$25.6K
5 cit.
BILL-MAR, LLC
$23.7K
3 cit.
PREMIER UNDERGROUND, LLC
$21.5K
7 cit.
SMART ROOF CONTRACTING, LLC
$21.4K
4 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 ELKHORN · Nebraska data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was VARGAS CONSTRUCTION LLC cited for?

VARGAS CONSTRUCTION LLC received 4 citation(s) covering 4 distinct OSHA standards. Total proposed penalties were $24,700.00. The inspection opened on 2022-10-04.

How much was VARGAS CONSTRUCTION LLC fined by OSHA?

OSHA proposed penalties of $24,700.00 against VARGAS CONSTRUCTION LLC in ELKHORN, NE. Average per citation: $6,175.00.

Is VARGAS CONSTRUCTION LLC a safe workplace?

Based on enforcement records, VARGAS CONSTRUCTION LLC has a risk score of 56 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 Framing Contractors facilities is $3,609.14. This facility penalty of $24,700.00 is above the industry average.