Tier 1 Critical

BIG APPLE DEVELOPMENT AND CONSTRUCTION INC.

📍 9718 FORT HAMILTON PARKWAY, BROOKLYN, NY 11209🏭 Construction (NAICS 236116)📅 2004-05-20
$157,940.00
Total Penalties
12
Citations
91/100
Risk Score
399
Analysis Words
Enforcement Analysis

According to U.S. Department of Labor enforcement records, BIG APPLE DEVELOPMENT AND CONSTRUCTION INC. — a construction facility located at 9718 FORT HAMILTON PARKWAY, BROOKLYN, NY 11209 — was the subject of a formal OSHA inspection that resulted in 12 citation(s) and cumulative proposed penalties of $157,940.00. The inspection case was opened on 2004-05-20.

This facility represents one of the most severe enforcement actions in the OSHA SVEP database. Willful violations combined with penalties exceeding $100,000 indicate a pattern of deliberate non-compliance that poses an imminent danger to workers.

Industry Benchmark: The total penalty of $157,940.00 is more than 43.8× the national average of $3,609.14 for facilities in the Construction sector (NAICS 236116). This sector encompasses 532,749 inspected facilities nationwide with aggregate penalties totaling $1,922.8M.

State Context: Within NY, this facility's penalty places it at the 100th percentile among 140,736 inspected facilities. The statewide average penalty is $2,208.33.

Citation Analysis: The inspection produced 12 citations spanning 7 distinct OSHA regulatory standards. The citation breakdown includes: 2 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. 7 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order. 3 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 November 18, 2004 with the latest abatement deadline set for January 7, 2005. Of the 12 total citations, 7 (58%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The cumulative penalty of $157,940.00 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 $13,161.67 falls within the standard penalty range.

The enforcement profile for Big Apple Development and Construction Inc. reveals a catastrophic failure of safety leadership, characterized

Citation Matrix — 12 Citations
29 CFR 1926.501(b)(01)
Fall Protection Scope & Applications (Construction)
Willful
Penalty: $70,000.00Gravity: 10Issued: November 18, 2004Abated: ✓ Yes
29 CFR 1926.703(a)(01)
Willful
Penalty: $70,000.00Gravity: 10Issued: November 18, 2004Abated: Pending
29 CFR 1904.2(a)
Repeat
Penalty: $120.00Gravity: 00Issued: November 18, 2004Abated: ✓ Yes
29 CFR 1910.1200(e)(01)
Hazard Communication Standard (Chemical Safety)
Repeat
Penalty: $120.00Gravity: 10Issued: November 18, 2004Abated: ✓ Yes
29 CFR 1910.1200(g)(01)
Hazard Communication Standard (Chemical Safety)
Repeat
Penalty: $0.00Gravity: 01Issued: November 18, 2004Abated: ✓ Yes
29 CFR 1910.1200(h)(01)
Hazard Communication Standard (Chemical Safety)
Repeat
Penalty: $0.00Gravity: 01Issued: November 18, 2004Abated: ✓ Yes
29 CFR 1926.404(b)(01)
Repeat
Penalty: $6,000.00Gravity: 10Issued: November 18, 2004Abated: ✓ Yes
29 CFR 1926.501(b)(04)
Fall Protection Scope & Applications (Construction)
Repeat
Penalty: $6,000.00Gravity: 10Issued: November 18, 2004Abated: Pending
29 CFR 1926.1052(c)(01)
Repeat
Penalty: $1,800.00Gravity: 01Issued: November 18, 2004Abated: Pending
29 CFR 1926.350(a)(09)
Serious
Penalty: $900.00Gravity: 01Issued: November 18, 2004Abated: Pending
29 CFR 1926.501(b)(14)
Fall Protection Scope & Applications (Construction)
Serious
Penalty: $1,500.00Gravity: 03Issued: November 18, 2004Abated: Pending
29 CFR 1926.1052(b)(02)
Serious
Penalty: $1,500.00Gravity: 03Issued: November 18, 2004Abated: ✓ Yes
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.
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