Question 1

How many OSHA inspections has HEAVY CONSTRUCTORS, INC. had?

Accepted Answer

HEAVY CONSTRUCTORS, INC. has been inspected 14 times by OSHA between Mar 15, 1989 and Aug 1, 2024, with 9 violations and $14,807 in penalties on record.

Question 2

How does OSHA enforcement work in South Dakota?

Accepted Answer

South Dakota operates under federal OSHA jurisdiction for private-sector employers. Federal OSHA conducts all workplace safety inspections and enforcement directly.

Question 3

What is a Serious violation under OSHA?

Accepted Answer

A Serious violation is cited when there is a substantial probability that death or serious physical harm could result from a hazard, and the employer knew or should have known about the condition. Serious violations carry mandatory penalties. For 2025, the maximum penalty for a serious violation is $16,550 per violation. The actual amount may be adjusted based on factors including employer size, good faith efforts, and violation history.

Question 4

How does OSHA calculate penalty amounts?

Accepted Answer

OSHA sets initial penalty amounts based on the gravity of the violation (severity and probability of injury). Penalties are then adjusted based on three factors: employer size (smaller employers may receive reductions), good faith (employers with effective safety programs), and violation history (employers with no recent prior violations). Penalties may be further reduced through informal settlement conferences between the employer and the OSHA Area Director.

Question 5

How do OSHA complaint inspections work?

Accepted Answer

OSHA complaint inspections are initiated when a current employee, former employee, or their representative files a formal complaint about workplace hazards. OSHA is required by law to investigate all formal complaints. The agency may conduct an on-site inspection or, for less serious complaints, contact the employer by phone or letter to request corrective action. Workers who file complaints are protected from retaliation under the OSH Act.

Question 6

What protections exist for workers who report safety concerns?

Accepted Answer

Section 11(c) of the OSH Act protects workers from retaliation for reporting safety hazards, filing complaints with OSHA, participating in inspections, or exercising other rights under the Act. Retaliation can include firing, demotion, reassignment, reduction in hours, or intimidation. Workers who believe they have been retaliated against must file a complaint with OSHA within 30 days of the adverse action.

Standard	Citations	Penalties
1926.652Excavations - Protection of Employees	6	$13,513
1926.651Excavations - Specific Excavation Requirements	3	$1,294

ID	Opened	Type	Scope	Viol.	Penalties
#347657835	Aug 1, 2024	Complaint	Partial	1	$9,000
#347097784	Nov 8, 2023	Programmed Related	Partial	0	$0
#333302248	Apr 4, 2012	Planned	No Inspection	0	$0
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