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Establishment profile

THE KIRK COMPANY #397

BUTTERCUP AVE. SOUTH OF MT. MORRIS, WAUTOMA, WI, 54982
111421Nursery and Tree Production

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OSHA inspections
58
over 41 years
Violations
73
$1,600 in penalties
Penalties
$1,600
$22 avg
Violations across 2 federal agencies
Enforcement actions from multiple agencies may indicate systemic compliance issues across functions.
Accident investigations on record
6 National Emphasis Program inspections · 4 OSHA follow-ups

Summary

THE KIRK COMPANY #397 has accumulated 73 OSHA violations across 58 inspections over 41 years of recorded history, with $1,600 in total assessed penalties.

The establishment sits in the 100th percentile for violations within its industry-state peer group of 35,313 employers. Inspection frequency runs at the 100th percentile. The most recent enforcement activity was recorded 3 years ago.

Federal records were found in 2 of 15 sources. Sources without matching records returned empty for this establishment.

Agency coverage

THE KIRK COMPANY #397 appears in OSHA workplace safety and WHD wage enforcement records only. No matching records were found in MSHA mine safety, EPA environmental compliance, NLRB labor relations, OFLC visa and labor certification (historical), FMCSA motor carrier registration, SAM.gov federal debarment, CMS nursing home enforcement, UVA Corporate Prosecution Registry, CPSC product recalls, or NHTSA vehicle recalls.

OSHA workplace safety

Inspections
58
1.4 / yr · last 41 yrs
Violations
73
1.8 / yr
Penalties
$1,600
$22 avg / violation
Inspection trigger · planned
54 of 58
Inspection trigger · follow-up
4 of 58

66% of inspections at this establishment produced violations,

Most-cited OSHA standards

Top OSHA standards cited at this employer, ranked by citation count. Standards (CFR sections) cluster citations into safety themes -- machine guarding, lockout-tagout, hazard communication, fall protection, process safety, etc. A concentration on one or two sections reveals a pattern that individual citations don’t. 14 distinct standards shown · 73 citations in this view · $1,600 in penalties.

CFR sectionCitationsInspectionsTotal penaltyFirst citedLast cited
29 CFR 1910.0142 B082121Nov 1985Jan 1995
29 CFR 1910.0142 A031313Jul 1984Jan 1995
29 CFR 1910.0142 B011010$450Nov 1984Jan 1995
29 CFR 1928.0110 C0355Nov 1992Nov 1995
29 CFR 1910.0142 F0655Nov 1984Jan 1995
29 CFR 1910.0142 B1133$1,150Oct 1991Oct 1991
29 CFR 1910.0142 F0433Nov 1985Jan 1995
29 CFR 1910.0142 D0533Sep 1989Jan 1995
29 CFR 1910.0142 H0333Aug 1985Nov 1988
29 CFR 1910.0142 A0122Aug 1985Nov 1993
29 CFR 1910.0142 H0122Aug 1986Nov 1988
29 CFR 1910.0142 G11Oct 1987Oct 1987
29 CFR 1910.0142 J11Nov 1985Nov 1985
29 CFR 1910.0145 F0411Nov 1985Nov 1985

Source: OSHA inspection citations (violation_detail). CFR section codes can be looked up at osha.gov/laws-regs for the formal standard text. Per-inspection detail and the specific violation descriptions are available by expanding individual inspections below.

Peer comparison

100th

Worse on violations than nearly every other employer in NAICS 1114 within WI. Peer group: 35,313 employers. This establishment has 73 OSHA violations; peer median is 2.

Fewer violationsMore violations
Penalty percentile
92nd
peer median: $0
Inspection frequency
100th
peer median: 1

Safety self-report (OSHA 300A)

No self-reported injury rates filed with OSHA's Injury Tracking Application for THE KIRK COMPANY #397. Verify directly with OSHA Injury Tracking Application

Industry benchmark

Industry avg TRIR
4.1
BLS SOII 2024
Industry avg DART
2.5
BLS SOII 2024
Self-reported TRIR
Not in OSHA ITA

BLS rates reflect industry-wide averages. Self-reported figures come from OSHA’s Injury Tracking Application; absence of self-reported data does not necessarily indicate non-compliance — many establishments fall below the ITA reporting threshold.

Inspection breakdown

Planned
54
Follow-up
4

Complaint- and accident-triggered inspections are stronger risk signals than routine planned inspections.

OSHA severe injury reports

No severe injury reports (hospitalization, amputation, or loss of an eye) on file under 29 CFR 1904.39 for THE KIRK COMPANY #397. Verify directly with Occupational Safety and Health Administration

Activity timeline

Data refreshed
Weekly
First OSHA inspection
Most recent activity
3 years ago

No federal enforcement activity has been recorded against this establishment in 3+ years. Most recent activity: 3 years ago. Data on this page is refreshed weekly.

Wage & Hour Division (WHD)

Cases
1
Back wages owed
$0

Department of Labor Wage & Hour Division — minimum-wage, overtime, child-labor, FMLA, and prevailing-wage enforcement.

Wage and hour breakdown by law

Per-statute totals across all closed DOL Wage & Hour cases against this employer. Backwages reflect amounts the agency assessed; civil penalty is the separate fine where applicable. Some acts (Davis-Bacon, SCA, CWHSSA, H-2B, CCPA) don't carry a civil penalty field in DOL's data. 1 statute · 2 violations · $0 in backwages · $2,659 in civil penalties

StatutePeriodCasesViolationsWorkersBackwagesCivil penalty
H-2A agricultural visaSep 202212$2,659

Source: DOL WHD enforcement database, aggregated per statute. Lifetime totals. A case can cite multiple statutes — so the total here may exceed the case count in the table above.

Wage and hour cases

Closed DOL Wage & Hour Division cases (FLSA, FMLA, H-2B, MSPA, and related statutes). Backwages reflect amounts the agency assessed; civil penalty (CMP) is a separate fine levied on top, where the statute provides for one (FLSA / H-1B / H-2A / MSPA / FMLA / EPPA / FLSA Child Labor; other acts have no CMP column in DOL’s data). The Statutes column lists which laws each case cited. 1 case · 2 violations · $0 in backwages · $2,659 in civil penalties

Case periodIndustryStatutesViolationsWorkersBackwagesCivil penalty
Apr 2022 – Sep 2022Nursery and Tree ProductionH-2A20$2,659

Source: DOL WHD enforcement database. Cases shown reflect those the agency has closed and made public. A violation count is the agency’s tally of cited violations (one violation can affect many workers); the workers column counts distinct employees the agency found to be affected.

Mine safety (MSHA)

No MSHA mine safety violations on file for THE KIRK COMPANY #397. Verify directly with Mine Safety and Health Administration

Labor relations (NLRB)

No NLRB unfair labor practice charges or union representation cases on file for THE KIRK COMPANY #397. Verify directly with National Labor Relations Board

Visa & labor certification (OFLC) — historical

No H-1B, H-2A, or H-2B labor condition applications on file (historical data only — DOL ended OFLC publication) for THE KIRK COMPANY #397. Verify directly with Office of Foreign Labor Certification

Environmental compliance (EPA)

No EPA inspections or formal enforcement actions on file for THE KIRK COMPANY #397. Verify directly with Environmental Protection Agency

Federal criminal prosecution record

No federal criminal prosecutions, plea agreements, or deferred-prosecution agreements on file for THE KIRK COMPANY #397. Verify directly with UVA Corporate Prosecution Registry

Inspection history

DateTriggerViolationsSeriousPenalty
1995-11-10Planned1$0
1995-11-10Planned1$0
1995-11-10Planned1$0
1994-10-25Planned6$0
1994-10-25Planned1$0
1993-10-27Planned1$0
1993-10-18Planned2$0
1993-10-18Planned2$0
1992-10-27Planned1$0
1992-10-13Planned2$0
1992-10-13Planned1$0
1991-10-16Planned0$0
1991-10-03Planned6$900
1991-10-03Planned1$250
1991-10-03Planned0$0
1991-10-03Planned2$450
1990-11-06Planned0$0
1990-11-06Planned0$0
1990-11-06Planned0$0
1989-10-25Planned0$0
1989-10-25Planned2$0
1989-09-12Planned2$0
1989-09-12Planned2$0
1988-10-13Planned0$0
1988-10-13Planned1$0
1988-10-13Planned3$0
1988-10-13Planned2$0
1988-07-12Planned0$0
1988-07-12Planned0$0
1988-07-12Planned1$0
1987-10-16Planned0$0
1987-09-14Planned1$0
1987-09-14Planned3$0
1987-08-04Planned2$0
1987-08-04Planned1$0
1987-08-04Planned0$0
1986-10-15Planned1$0
1986-10-15Planned1$0
1986-10-15Planned3$0
1986-09-03Follow-up0$0
1986-08-22Follow-up0$0
1986-07-29Planned2$0
1986-07-29Planned4$0
1986-07-29Planned0$0
1985-11-05Planned2$0
1985-11-05Planned2$0
1985-11-05Planned0$0
1985-09-11Follow-up0$0
1985-09-11Follow-up0$0
1985-08-15Planned2$0
1985-08-15Planned1$0
1985-08-14Planned0$0
1984-10-31Planned3$0
1984-10-31Planned2$0
1984-10-31Planned1$0
1984-07-18Planned0$0
1984-07-18Planned0$0
1984-07-17Planned1$0

Source: OSHA IMIS. Citation amounts reflect initially assessed penalties; final amounts after appeal may differ.

In the news

Other employers in this industry and state

Other employers in nursery and tree production within WI, ordered by federal enforcement volume:

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About this data

This profile aggregates federal enforcement records on THE KIRK COMPANY #397 from every major federal compliance and enforcement source plus the UVA Corporate Prosecution Registry. OSHA workplace safety inspections, WHD wage cases, MSHA mine safety, EPA environmental enforcement, NLRB labor relations, OFLC visa/labor certification, FMCSA motor carrier registration, SAM.gov debarments, CMS nursing-home records, BLS industry safety benchmarks, OSHA ITA self-reported injury rates, SEC enforcement and financial disclosures, CPSC and NHTSA recalls.

Establishments are matched across agencies using normalized employer name, state, and ZIP code.

OSHA citations typically appear 3–8 months after the inspection, so very recent enforcement actions may not yet be reflected. Profiles may be incomplete if the establishment operates under multiple legal names or files under variations our entity-matching rules don’t yet cover. To report a missing record or correction, email corrections@fastdol.com.

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Frequently asked

What is THE KIRK COMPANY #397's OSHA violation history?
THE KIRK COMPANY #397 has 58 OSHA inspections on record with 73 violations and $1,600 in total penalties.
How does THE KIRK COMPANY #397's safety record compare to its industry?
THE KIRK COMPANY #397 operates in the nursery and tree production industry. The industry average Total Recordable Incident Rate (TRIR) is 4.1.