Data last updated: August 24, 2026
North Dakota regulators handed down seven fall protection citations under 1926.501 over the past 12 months. That is a small number compared to bigger construction states, but the dollar figures are not small: the average penalty sits at $23,428, while the median is just $3,972. That gap exists because one citation, a Willful violation against a Bismarck company, came in at $119,170 and pulled the average far above what most employers actually pay. If you have just received a citation letter, the numbers below should tell you exactly where you stand.
A single willful citation can reshape a small contractor’s year. Before you respond to OSHA on your own, it is worth talking to a North Dakota OSHA defense attorney about what your citation actually says and what your options are.
Why 1926.501 Keeps Coming Up in North Dakota
Every one of these citations traces back to the same rule: 1926.501, the general fall protection standard for construction. In plain terms, it says that once a worker is exposed to a fall of six feet or more to a lower level on a construction site, the employer has to do something concrete about it — guardrails, safety nets, or a personal fall arrest system tied off correctly. There is no gray area for exemptions once that threshold is crossed. OSHA inspectors treat unprotected edges, open roof sections, and skylights as some of the easiest violations to document, which is part of why this standard generates so much enforcement nationally. You can read the full breakdown of what the rule requires on the 1926.501 standard hub.
Roofing Work Drives Nearly All of North Dakota’s Citations
Of the seven citations issued statewide, five went to roofing contractors. That is not a coincidence. Roofers spend entire shifts working at or near unprotected edges, and a missed tie-off or a guardrail that never got installed is visible from the ground, which makes it one of the easiest violations for an OSHA compliance officer to spot and document. The remaining two citations went to a glass and glazing contractor and a framing contractor, both trades that also put workers at height on a regular basis. If you run a roofing operation in North Dakota, it is worth reviewing how enforcement typically plays out for roofing contractors specifically, since the exposure and the citation patterns look different than they do for general contractors.
Bismarck is the city with the most activity in this data set, accounting for three of the five named examples below. That likely reflects a mix of construction volume and inspection focus rather than anything unique to Bismarck job sites, but it means employers working there should assume a higher chance of a visit if a complaint or referral comes in.
What These Citations Actually Cost
The violation type matters as much as the dollar figure. Of the seven citations, five were classified as Serious, one as Repeat, and one as Willful. Serious citations are the baseline for fall protection violations — OSHA is required to treat any exposure that could cause death or serious injury as Serious by default, and most of these settle closer to the median figure of $3,972. Repeat and Willful citations are a different category entirely. A Repeat classification means OSHA found the same or a substantially similar violation at that employer before, and a Willful classification means the agency believes the employer either knew about the hazard and ignored it or showed plain indifference to the requirement. Both carry penalties multiples higher than a first-time Serious citation, which is exactly what happened here.
The named examples make the spread concrete:
- Fargo Glass & Paint Company, Bismarck — $119,170, Willful, cited under 19260501 B04 I, issued May 4, 2026
- Lolandiz Construction, LLC, Bismarck — $29,790, Repeat, cited under 19260501 B13, issued December 12, 2025
- Jose Roofing, Bismarck — $3,972, Serious, cited under 19260501 B13, issued December 2, 2025
- Matson Of Minnesota Inc., Fargo — $3,972, Serious, cited under 19260501 B01, issued July 2, 2026
- Cesar Inya Castanedo, Lincoln — $2,838, Serious, cited under 19260501 B13, issued September 9, 2025
Notice how much room there is between the $2,838 citation and the $119,170 one, even though both trace back to the same underlying standard. Classification, prior history, and how the employer responds during the inspection all factor into where a penalty lands. Statewide, the average penalty gets reduced by about 11% between the initial citation and the final settled amount, which shows that these figures are rarely locked in stone. For a deeper look at how OSHA calculates these numbers and where negotiation typically moves them, see this breakdown of OSHA fall protection violations penalty amounts.
An 11% average reduction is not something that happens by accident — it usually reflects employers who pushed back on the classification or the facts, often with legal help. If you are looking at a Serious, Repeat, or Willful citation right now, talk to a North Dakota OSHA defense attorney before you decide whether to pay it or contest it.
The Clock Is Already Running on Your Response
Once a citation is issued, you have 15 working days from the date you receive it to file a Notice of Contest. That is a hard deadline — not a suggestion, and not something OSHA extends because you were busy or waiting on paperwork from a contractor or insurer. Miss it, and the citation and penalty become final, with no further chance to argue the classification, the facts, or the amount. Given how much difference exists between a Serious classification and a Repeat or Willful one, and given that North Dakota’s own numbers show real movement in final penalty amounts, this window is worth using. Details on the process, including what a Notice of Contest actually needs to say, are covered in this guide on how to contest an OSHA citation.
If your citation is Willful or Repeat, or if the proposed penalty is anywhere close to the $119,170 figure seen in Bismarck, do not wait until the deadline is nearly up to get advice. Reach out to a North Dakota OSHA defense attorney now so there is time to actually build a response instead of scrambling in the final days.
Whatever category your citation falls into, the smartest move is the same one that likely explains North Dakota’s 11% average penalty reduction: get someone who handles these cases regularly to look at the citation before you sign anything or send a check.