ZACK EXCAVATING, INC

According to U.S. Department of Labor enforcement records, ZACK EXCAVATING, INC — a site preparation contractors facility located at NE 4TH STREET AND DE ROUTE 14 - NEW MILFORD POLICE DEPARTMENT, MILFORD, DE 19963 — was the subject of a formal OSHA inspection that resulted in 8 citation(s) and cumulative proposed penalties of $13,781.73. The inspection case was opened on 2022-09-07.

DOL records document workplace safety violations warranting formal citation under the OSH Act. While classified at the standard enforcement level, all OSHA citations require corrective action and may indicate areas where workplace safety programs should be strengthened.

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 $13,781.73 is more than 3.8× 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 DE, this facility's penalty places it at the 93th percentile among 5,902 inspected facilities. The statewide average penalty is $4,743.73.

Citation Analysis: The inspection produced 8 citations spanning 4 distinct OSHA regulatory standards. The citation breakdown includes: 5 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 3 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 March 3, 2023 with the latest abatement deadline set for March 29, 2023. Of the 8 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 $13,781.73 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 $1,722.72 falls within the standard penalty range.