DAVID BURKE CONSTRUCTION, LLC

According to U.S. Department of Labor enforcement records, DAVID BURKE CONSTRUCTION, LLC — a commercial and institutional building construction facility located at 90 PEARL STREET, BUFFALO, NY 14202 — was the subject of a formal OSHA inspection that resulted in 8 citation(s) and cumulative proposed penalties of $38,000.00. The inspection case was opened on 2007-03-20.

DOL records document workplace safety violations warranting formal citation under the OSH Act. While classified at the standard enforcement level, all OSHA citations require corrective action and may indicate areas where workplace safety programs should be strengthened.

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 $38,000.00 is more than 10.5× the national average of $3,609.14 for facilities in the Construction sector (NAICS 236220). 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 99th percentile among 140,736 inspected facilities. The statewide average penalty is $2,208.33.

Citation Analysis: The inspection produced 8 citations spanning 4 distinct OSHA regulatory standards. The citation breakdown includes: 7 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 repeat — A substantially similar violation was found during a previous inspection and the original citation has become a final order.

Enforcement Timeline: Citations were issued beginning May 18, 2007 with the latest abatement deadline set for May 31, 2007. Of the 8 total citations, 3 (38%) have been marked as abated in DOL records, which may indicate ongoing compliance gaps requiring further regulatory attention.

Penalty Assessment: The cumulative penalty of $38,000.00 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 $4,750.00 falls within the standard penalty range.

The enforcement profile for David Burke Construction, LLC reveals a systemic failure to manage fall hazards,