Tier 2 Severe

W.D. MALONE TRUCKING & EXCAVATING, INC.

📍 3143 ERIE BLVD E, SYRACUSE, NY 13214🏭 Site Preparation Contractors (NAICS 238910)📅 2023-01-03
$57,479.50
Total Penalties
3
Citations
47/100
Risk Score
415
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, W.D. MALONE TRUCKING & EXCAVATING, INC. — a site preparation contractors facility located at 3143 ERIE BLVD E, SYRACUSE, NY 13214 — was the subject of a formal OSHA inspection that resulted in 3 citation(s) and cumulative proposed penalties of $57,479.50. The inspection case was opened on 2023-01-03.

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 $57,479.50 is more than 15.9× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238910). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within NY, this facility's penalty places it at the 100th percentile among 140,736 inspected facilities. The statewide average penalty is $2,208.33.

Citation Analysis: The inspection produced 3 citations spanning 2 distinct OSHA regulatory standards. The citation breakdown includes: 2 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.

Enforcement Timeline: Citations were issued beginning February 15, 2023 with the latest abatement deadline set for March 14, 2023. Of the 3 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 per-citation average of $19,159.83 exceeds OSHA's FY2024 statutory maximum of $16,131 for serious violations, indicating the presence of willful or repeat classifications that carry enhanced penalty authority under Section 17 of the OSH Act.

The enforcement profile for W.D. Malone Trucking & Excavating, Inc. reveals a critical

Industry Benchmark (NY)

This facility's $57,480 penalty is higher than 99% of all penalized companies in the NAICS 238910 industry in NY. The state average penalty for this industry is $5,972.

$5,972
State Avg
$57,480
This Facility
Citation Matrix — 3 Citations
29 CFR 1926.651(c)(02)
Other-than-Serious
Penalty: $3,906.50Gravity: 5Issued: February 15, 2023Abated: Pending
29 CFR 1926.652(a)(01)
Other-than-Serious
Penalty: $53,573.00Gravity: 5Issued: February 15, 2023Abated: Pending
29 CFR 1926.651(k)(01)
Willful
Penalty: $0.00Gravity: 5Issued: February 15, 2023Abated: 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 SYRACUSE, NY (Exact Industry)

W.D. MALONE TRUCKING & EXCAVATING, INC. (This Facility)
$57.5K
3 cit.
TOP OF THE LINE SHEET PILING INC
$20.4K
12 cit.
JJ LANE CONSTRUCTION INC.
$19.9K
4 cit.
LAN-CO COMPANIES, INC.
$9.8K
3 cit.
More NY Enforcement Records
ALJ HOME IMPROVEMENT INC
SPRING VALLEY, NY
$1.3M
12 cit.
FRAZER & JONES, LLC
SYRACUSE, NY
$1.0M
34 cit.
DME CONSTRUCTION ASSOCIATES INC.
OLD BETHPAGE, NY
$600.0K
13 cit.
MC WANE, INC. DBA KENNEDY VALVE
ELMIRA, NY
$575.4K
204 cit.
ELITE ROOFING SERVICES, INC.
GLEN COVE, NY
$522.5K
7 cit.
Other Inspected Facilities in SYRACUSE, NY
FRAZER & JONES, LLC
$1.0M
34 cit.
CROUSE HINDS DIV OF COOPER INDUSTRIES
$362.6K
70 cit.
FRAZER & JONES COMPANY, INC.
$319.1K
70 cit.
CRUCIBLE SPECIALTY METALS
$199.4K
148 cit.
OBERDORFER, L.L.C.
$191.6K
138 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.
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The most frequently cited standards nationwide.
Construction Safety Data →
Industry-wide violation stats and rankings.

Explore more: OSHA enforcement in SYRACUSE · New York data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was W.D. MALONE TRUCKING & EXCAVATING, INC. cited for?

W.D. MALONE TRUCKING & EXCAVATING, INC. received 3 citation(s) covering 2 distinct OSHA standards. Total proposed penalties were $57,479.50. The inspection opened on 2023-01-03.

How much was W.D. MALONE TRUCKING & EXCAVATING, INC. fined by OSHA?

OSHA proposed penalties of $57,479.50 against W.D. MALONE TRUCKING & EXCAVATING, INC. in SYRACUSE, NY. Average per citation: $19,159.83.

Is W.D. MALONE TRUCKING & EXCAVATING, INC. a safe workplace?

Based on enforcement records, W.D. MALONE TRUCKING & EXCAVATING, INC. has a risk score of 47 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 Site Preparation Contractors facilities is $3,609.14. This facility penalty of $57,479.50 is above the industry average.