DAVID GAINES ROOFING, LLC

According to U.S. Department of Labor enforcement records, DAVID GAINES ROOFING, LLC — a new single-family housing construction (except for-sale builders) facility located at ROBINSON WAY LOT #2, LEXINGTON, KY 40511 — was the subject of a formal OSHA inspection that resulted in 2 citation(s) and cumulative proposed penalties of $32,000.00. The inspection case was opened on 2007-03-13.

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 $32,000.00 is more than 8.9× the national average of $3,609.14 for facilities in the Construction sector (NAICS 236115). 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 1 distinct OSHA regulatory standards. The citation breakdown includes: 2 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 April 20, 2006 with the latest abatement deadline set for June 15, 2007. Of the 2 total citations, 1 (50%) have been marked as abated in DOL records, suggesting partial progress toward required corrective actions.

Penalty Assessment: The cumulative penalty of $32,000.00 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 $16,000.00 falls within the standard penalty range.

The enforcement history for David Gaines Roofing, LLC, reveals a localized but severe breakdown in fall protection protocols, specifically concerning steep-slope roofing operations (1926.501(b)(11)). The issuance of two Repeat violations, totaling $32,000 in 2007, represents a penalty structure significantly higher than the industry average for residential construction at that time. This elevated fine reflects the high gravity of the hazards and the employer’s failure to remediate safety deficits identified in prior inspections. In practical terms, the absence of guardrail systems, safety nets, or personal fall arrest systems on steep pitches exposed workers to catastrophic, life-altering falls—the leading cause of mortality in the construction sector. The classification of these citations as Repeat is legally