BIRGILIO ZHAGNAY CHUMA

According to U.S. Department of Labor enforcement records, BIRGILIO ZHAGNAY CHUMA — a roofing contractors facility located at 21 COLUMBINE ROAD, MILTON, MA 02186 — was the subject of a formal OSHA inspection that resulted in 3 citation(s) and cumulative proposed penalties of $33,340.00. The inspection case was opened on 2019-07-17.

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 $33,340.00 is more than 9.2× 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 MA, this facility's penalty places it at the 99th percentile among 60,671 inspected facilities. The statewide average penalty is $2,824.83.

Citation Analysis: The inspection produced 3 citations spanning 3 distinct OSHA regulatory standards. The citation breakdown includes: 2 serious — A workplace hazard that could cause death or serious physical harm exists, and the employer knew or should have known about the condition. 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.

Enforcement Timeline: Citations were issued beginning January 7, 2020 with the latest abatement deadline set for January 15, 2020. Of the 3 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 $33,340.00 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 $11,113.33 falls within the standard penalty range.

The enforcement action against Birgilio Zhagnay Chuma reveals a profound breakdown in fundamental safety management, characterized by a blatant disregard for life-safety protocols in the high-risk roofing sector. The centerpiece of this inspection is the citation under 1926.501(b)(13), classified as Willful. This designation is legally significant, as it indicates the employer either acted with intentional disregard for OSHA requirements or demonstrated plain indifference to employee safety. In the context of residential roofing, where falls remain the leading cause of industry fatalities, failing to provide fall protection for heights exceeding six feet represents a catastrophic risk to workers. The accompanying Serious violations for lack of