Tier 1 Critical

WERNER CONSTRUCTION, INC.

📍 HWY. 275 BETWEEN NORFOLK AND BATTLE CREEK, NORFOLK, NE 68701🏭 Construction (NAICS 237310)📅 2009-10-07
$101,000.00
Total Penalties
4
Citations
72/100
Risk Score
390
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, WERNER CONSTRUCTION, INC. — a construction facility located at HWY. 275 BETWEEN NORFOLK AND BATTLE CREEK, NORFOLK, NE 68701 — was the subject of a formal OSHA inspection that resulted in 4 citation(s) and cumulative proposed penalties of $101,000.00. The inspection case was opened on 2009-10-07.

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 $101,000.00 is more than 28.0× the national average of $3,609.14 for facilities in the Construction sector (NAICS 237310). 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 100th percentile among 12,745 inspected facilities. The statewide average penalty is $4,129.57.

Citation Analysis: The inspection produced 4 citations spanning 2 distinct OSHA regulatory standards. The citation breakdown includes: 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. 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. 1 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order.

Enforcement Timeline: Citations were issued beginning March 19, 2010 with the latest abatement deadline set for June 1, 2012. Of the 4 total citations, 2 (50%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The per-citation average of $25,250.00 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 Werner Construction, Inc. reveals a profound breakdown in safety management systems, characterized

Citation Matrix — 4 Citations
29 CFR 1926.21(b)(02)
Safety Training & Education Programs
Serious
Penalty: $0.00Gravity: 10Issued: March 19, 2010Abated: Pending
29 CFR 1926.21(b)(02)
Safety Training & Education Programs
Willful
Penalty: $51,000.00Gravity: 10Issued: March 19, 2010Abated: ✓ Yes
29 CFR 1926.555(a)(04)
Willful
Penalty: $0.00Gravity: 10Issued: March 19, 2010Abated: Pending
29 CFR 1926.555(a)(08)
Repeat
Penalty: $50,000.00Gravity: 03Issued: March 19, 2010Abated: ✓ 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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