Tier 1 Critical

WA317973993 - BORTON & SONS INC

📍 S AHTANUM RD, YAKIMA, WA 98903🏭 Agriculture (NAICS 111331)📅 2023-05-08
$120,000.00
Total Penalties
2
Citations
60/100
Risk Score
404
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, WA317973993 - BORTON & SONS INC — a agriculture facility located at S AHTANUM RD, YAKIMA, WA 98903 — was the subject of a formal OSHA inspection that resulted in 2 citation(s) and cumulative proposed penalties of $120,000.00. The inspection case was opened on 2023-05-08.

This facility represents one of the most severe enforcement actions in the OSHA SVEP database. Willful violations combined with penalties exceeding $100,000 indicate a pattern of deliberate non-compliance that poses an imminent danger to workers.

Industry Benchmark: The total penalty of $120,000.00 is more than 41.1× the national average of $2,920.96 for facilities in the Agriculture sector (NAICS 111331). This sector encompasses 23,483 inspected facilities nationwide with aggregate penalties totaling $68.6M.

State Context: Within WA, this facility's penalty places it at the 100th percentile among 126,183 inspected facilities. The statewide average penalty is $1,683.96.

Citation Analysis: The inspection produced 2 citations spanning 0 distinct OSHA regulatory standards. The citation breakdown includes: 2 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 October 25, 2023 with the latest abatement deadline set for May 8, 2023. Of the 2 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 $60,000.00 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 action against Borton & Sons Inc. underscores a profound breakdown in fundamental agricultural safety protocols, specifically regarding tractor operations and rollover protection systems (ROPS). The issuance of two Willful violations—the highest level of culpability under the Washington State Plan—indicates that the employer demonstrated either an intentional disregard for safety requirements or a plain indifference to worker welfare. Specifically, the citations under WAC 296-307 highlight a failure to maintain

Citation Matrix — 2 Citations
OSHA Std. 296-307-08009
Willful
Penalty: $60,000.00Gravity: nanIssued: October 25, 2023Abated: Pending
OSHA Std. 296-307-08012(1)(B)
Willful
Penalty: $60,000.00Gravity: nanIssued: October 25, 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.
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