Tier 4 Systematic

153838 - GERARDO BENITEZ

📍 THE PLAZA, CHARLOTTE, NC 28205🏭 Masonry Contractors (NAICS 238140)📅 2023-03-16
$18,875.00
Total Penalties
20
Citations
23/100
Risk Score
417
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, 153838 - GERARDO BENITEZ — a masonry contractors facility located at THE PLAZA, CHARLOTTE, NC 28205 — was the subject of a formal OSHA inspection that resulted in 20 citation(s) and cumulative proposed penalties of $18,875.00. The inspection case was opened on 2023-03-16.

The volume of citations issued during this inspection suggests systematic compliance deficiencies rather than isolated incidents. Facilities with 10 or more citations typically face comprehensive abatement requirements and may be subject to follow-up inspections.

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 $18,875.00 is more than 5.2× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238140). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within NC, this facility's penalty places it at the 99th percentile among 88,256 inspected facilities. The statewide average penalty is $1,699.39.

Citation Analysis: The inspection produced 20 citations spanning 5 distinct OSHA regulatory standards. The citation breakdown includes: 15 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition.

Enforcement Timeline: Citations were issued beginning August 30, 2023 with the latest abatement deadline set for October 17, 2023. Of the 20 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 $18,875.00 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 $943.75 falls within the standard penalty range.

The inspection of Gerardo Benitez’s masonry operations in Charlotte revealed a catastrophic systemic failure in site safety management, evidenced by a staggering twenty citations concentrated primarily on scaffolding and respiratory health. The volume of violations—exceptionally high for a masonry contractor of this scale—indicates that workers were routinely exposed to

Industry Benchmark (NC)

This facility's $18,875 penalty is higher than 99% of all penalized companies in the NAICS 238140 industry in NC. The state average penalty for this industry is $2,088.

$2,088
State Avg
$18,875
This Facility
Citation Matrix — 20 Citations
29 CFR 1926.100(a)
Fall Protection (Construction)
Serious
Penalty: $750.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.300(b)(03)
Serious
Penalty: $750.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(a)(01)
Scaffolding Safety Requirements
Serious
Penalty: $3,125.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(c)(02)
Scaffolding Safety Requirements
Serious
Penalty: $3,125.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(c)(03)
Scaffolding Safety Requirements
Serious
Penalty: $0.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(f)(04)
Scaffolding Safety Requirements
Serious
Penalty: $0.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(e)(01)
Scaffolding Safety Requirements
Serious
Penalty: $3,125.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(g)(01)
Scaffolding Safety Requirements
Serious
Penalty: $3,125.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(b)(01)
Scaffolding Safety Requirements
Serious
Penalty: $0.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(b)(03)
Scaffolding Safety Requirements
Serious
Penalty: $0.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.454(a)
Serious
Penalty: $3,125.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.454(b)
Serious
Penalty: $0.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(f)(07)
Scaffolding Safety Requirements
Serious
Penalty: $0.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.451(f)(03)
Scaffolding Safety Requirements
Serious
Penalty: $0.00Gravity: nanIssued: August 30, 2023Abated: Pending
29 CFR 1926.1153(c)(01)
Serious
Penalty: $1,000.00Gravity: nanIssued: August 30, 2023Abated: Pending
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.
Local Competitor Benchmark

Comparing penalized facilities in CHARLOTTE, NC (Exact Industry)

153838 - GERARDO BENITEZ (This Facility)
$18.9K
20 cit.
153346 - OLD NORTH STATE MASONRY, LLC; JOSEPH S. ANASTASI
$87.0K
6 cit.
153342 - FRIENDS MASONRY CONSTRUCTION L.L.C
$29.0K
3 cit.
153840 - JOSE DIMAS SANCHEZ BONILLA
$15.0K
19 cit.
More NC Enforcement Records
IMPERIAL FOOD PRODUCTS, INC.
HAMLET, NC
$808.2K
83 cit.
SOUTHERN INVESTMENTS, LLC
REIDSVILLE, NC
$441.0K
38 cit.
CATALYTICA PHARMACEUTICALS, INC.
GREENVILLE, NC
$372.4K
73 cit.
OSCAR RENDA CONTRACTING, INC.
CONCORD, NC
$292.0K
6 cit.
JOHNSON CONTROLS BATTERY GROUP, INC.
KERNERSVILLE, NC
$284.0K
67 cit.
Other Inspected Facilities in CHARLOTTE, NC
140384 - BOBBY SHERILL LITTLE
$212.0K
7 cit.
154499 - H - S ROOFING COMPANY, INC.
$93.7K
3 cit.
153346 - OLD NORTH STATE MASONRY, LLC; JOSEPH S. ANASTASI
$87.0K
6 cit.
151412 - ONSITE DEVELOPMENT, LLC
$82.6K
3 cit.
128019 - SHREEJI HOSPITALITY INVESTORS, LLC DBA RAMADA CH
$79.5K
5 cit.
Related Guides & Tools
OSHA Fines & Penalties Guide →
How OSHA calculates penalties and maximum fine amounts.
After an OSHA Inspection →
Citations, appeals, and penalty negotiation steps.
Top 10 OSHA Violations →
The most frequently cited standards nationwide.
Construction Safety Data →
Industry-wide violation stats and rankings.

Explore more: OSHA enforcement in CHARLOTTE · North Carolina data · Search the database · Incident Rate Calculator

Frequently Asked Questions
What OSHA violations was 153838 - GERARDO BENITEZ cited for?

153838 - GERARDO BENITEZ received 20 citation(s) covering 5 distinct OSHA standards. Total proposed penalties were $18,875.00. The inspection opened on 2023-03-16.

How much was 153838 - GERARDO BENITEZ fined by OSHA?

OSHA proposed penalties of $18,875.00 against 153838 - GERARDO BENITEZ in CHARLOTTE, NC. Average per citation: $943.75.

Is 153838 - GERARDO BENITEZ a safe workplace?

Based on enforcement records, 153838 - GERARDO BENITEZ has a risk score of 23 out of 100. The volume of citations issued during this inspection suggests systematic compliance deficiencies rather than isolated incidents. Facilities with 10 or more citations typically face comprehensive abatement requirements and may be subject to follow-up inspections.

How does this penalty compare to the industry average?

The average penalty for Masonry Contractors facilities is $3,609.14. This facility penalty of $18,875.00 is above the industry average.