63536 - HECTOR HERNANDEZ

According to U.S. Department of Labor enforcement records, 63536 - HECTOR HERNANDEZ — a roofing contractors facility located at 10 HUDSON HOLLOW, HATTON, KY 40601 — was the subject of a formal OSHA inspection that resulted in 2 citation(s) and cumulative proposed penalties of $38,500.00. The inspection case was opened on 2021-02-25.

Federal investigators determined that one or more violations at this facility were committed willfully — meaning the employer either knowingly failed to comply with OSHA standards or acted with plain indifference to employee safety. Willful violations carry the highest penalty multipliers under the OSH Act.

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 $38,500.00 is more than 10.7× the national average of $3,609.14 for facilities in the Construction sector (NAICS 238160). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within KY, this facility's penalty places it at the 99th percentile among 26,562 inspected facilities. The statewide average penalty is $2,754.01.

Citation Analysis: The inspection produced 2 citations spanning 2 distinct OSHA regulatory standards. The citation breakdown includes: 1 willful — The employer intentionally and knowingly committed the violation, demonstrating either an intentional disregard for the requirements of the OSH Act or plain indifference to employee safety and health. 1 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 May 17, 2021 with the latest abatement deadline set for May 25, 2021. Of the 2 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 per-citation average of $19,250.00 exceeds OSHA's FY2024 statutory maximum of $16,131 for serious violations, indicating the presence of willful or repeat classifications that carry enhanced penalty authority under Section 17 of the OSH Act.

The enforcement action against Hector Hernandez reveals a critical, systemic disregard for the most lethal hazard in the roofing industry: falls from heights. The assessment of a Willful violation under 1926.501(b)(11) signifies that the employer demonstrated either an intentional disregard for OSHA requirements or a plain indifference to employee safety regarding steep-slope roof protection. By categorizing the lack of fall protection as Willful, OSHA elevated the legal stakes beyond mere negligence, suggesting that management was aware of the life-threatening risks posed to workers